HomeMy WebLinkAbout03-185 CC Resolution
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RESOLUTION NO. 03-185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE WESTERN RIVERSIDE
COUNTY MULTIPLE SPECIES HABITAT CONSERVATION
PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION
AUTHORITY IMPLEMENTING THE PLAN
WHEREAS, the Western Riverside County Multiple Species Habitat Conservation Plan
(the "MSHCP" or "Project") is a multi-jurisdictional habitat conservation plan focusing on the
conservation of both sensitive species and their associated habitats to address biological and
ecological diversity and conservation needs in Western Riverside County, setting aside
significant areas of undisturbed land for the conservation of sensitive habitat while preserving
open space and recreational opportunities; and
WHEREAS, the MSHCP boundaries ("MSHCP Plan Area") encompass approximately
1,966 square miles, consisting of approximately 1.26 million acres and include approximately
843,500 acres of unincorporated Western Riverside County land west of the crest of the San
Jacinto Mountains and extending to the Orange County line, as well as approximately 372,700
acres within the jurisdictional areas of the following 14 incorporated cities: Banning, Beaumont,
Calimesa, Canyon Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Norco, Perris,
Riverside, San Jacinto, and Temecula (collectively, "Cities"); and
WHEREAS, the MSHCP establishes a framework for compliance with State and Federal
endangered species regulations while accommodating future growth in Western Riverside
County, including issuance of "Take" permits for certain species pursuant to Section 1 0(a)(1 )(B)
of the federal Endangered Species Act and Section 2800, m §lliI. of the California Fish and
Game Code; and
WHEREAS, the County of Riverside ("County"), is the lead agency pursuant to the
California Environmental Quality Act ("CEQA") (Public Res. Code, '21000 et seq.) and the State
CEQA Guidelines (14 CCR §15000 et seq.); and
WHEREAS, the County determined that a joint Environmental Impact Report!
Environmental Impact Statement ("EIRlEIS") should be prepared pursuant to the California
Environmental Quality Act ("CEQA") and the National Environmental Quality Act ("NEPA") in
order to analyze all potential adverse environmental impacts of the Project; and
WHEREAS, the Board of Supervisors of the County of Riverside, at its regularly
scheduled public meeting on June 17, 2003 reviewed and considered the Initial Study, Draft
EIRIEIS, Final EIRIEIS and other related documents in the record before it and by Resolution
No. 2003-299, certified the Final EIRIEIS and adopted environmental findings and a Statement
of Overriding Considerations; and
WHEREAS, On December 16, 2003, the City Council adopted Resolution No. 03-184,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING
RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL
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COMMUNITY CONSERVATION PLAN AND APPROVING THE WESTERN RIVERSIDE
COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY
CONSERVATION PLAN AND IMPLEMENTING AGREEMENT, ADOPTING ENVIRONMENTAL
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS;"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TEMECULA AS FOLLOWS:
Section 1.
The Recitals set forth above are true and correct and the Council adopts
as findings.
them
Section 2. The City Council hereby adopts the Western Riverside County Multiple
Species Habitat Conservation Plan in the form on file in the Office of the City Clerk.
Section 3. The City Council hereby approves that certain agreement entitled "Joint
Exercise of Powers Agreement Creating the Western Riverside County Regional Conservation
Authority" and authorizes the Mayor to execute said agreement in substantially the form
attached hereto as Exhibit A.
Section 4.
required by law.
The City Clerk shall certify the passage of this Resolution in the manner
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
this 16th day of December, 2003.
ATTEST:
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 03-185 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 16th day of December, 2003, by the following
vote:
AYES: 4
NOES: 0
ABSENT:
ABSTAIN: 0
COUNCILMEMBERS: Comerchero, Naggar, Roberts, Washington
COUNCILMEMBERS: None
COUNCILMEMBERS: Stone
COUNCILMEMBERS: None
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EXHIBIT A
Joint Exercise of Powers Agreement Creating the Western Riverside County Regional
Conservation Authority
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JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY
This Joint Powers Agreement dated this 16th day of December , 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
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Plan, hereinafter referred to as the "MSHCP".
RECITALS
WHEREAS, the Cities and the County, hereinafter sometimes jointly referred to as "Parties", are
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authorized and empowered to contract with each other for the joint exercise of powers pursuant to Article
I, Chapter 5, Division 7, Title I (commencing with Section 6500) of the Government Code of the State of
California, hereinafter referred to as "the Act"; and
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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
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acquire, own, maintain and operate habitat reserves for such species in connection with said habitat
conservation plans; and
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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,
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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
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I 26 Agreement, hereinafter referred to as the "Agreement", to implement the MSHCP should the MSHCP
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WHEREAS, it is intended that the activities of the public agency formed pursuant to this
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Agreement shall be coordinated with the Western Riverside Council of Governments, hereinafter
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referred to as "WRCOG".
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NOW, THEREFORE, for and in consideration ofthe mutual covenants and conditions hereinafter
stated, the Parties hereto agree as follows:
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Section 1.
Purpose. The purpose of this Agreement is to create a public agency to acquire,
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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
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Service and the California Department ofFish 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.
B.
To make and enter into contracts;
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
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or supplement the MSHCP;
E.
F.
To incur debts, liabilities, and obligations;
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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;
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To prepare project reports and applications, to qualify for grants, and to enter into grant
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contracts and to do all other things necessary to comply with State and Federal laws and regulations with
respect to grants;
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To borrow or receive advances offunds from its members or from such other sources as
may be permitted by law;
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K.
To contract with its members and other entities who operate or will operate the habitat
reserves established through implementation of the MSHCP;
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To issue bonds, notes, warrants and other evidences of indebtedness to finance costs and
expenses to carry out the powers of the RCA;
M.
N.
To acquire, hold, and dispose of equipment;
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.
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C.
Provided there is mutual consent by the governing bodies of each of the Parties to this
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Agreement, evidenced in writing, this Agreement may be: (I) 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 marmer, 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
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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
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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.
Meetin2S of the RCA Board.
Meetin2s. The Board shall establish the time and place for its regular and special
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A.
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
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Party's designated regular and alternate member. Special meetings and adjourned meetings may be held
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as required or permitted by law.
All regular and special meetings shall be held, to the extent feasible, on the same dates as meetings
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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 adjoumed 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.
Ouorum and Votin2. 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
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weighted vote. For an item to be passed by weighted vote, all of the following requirements shall be met:
I.
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
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III.
the item shall be approved by Board members present at the meeting who
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represent Cities representing a majority of an equal combination of I) the population of the county living
in incorporated areas within the boundaries of the MSHCP Plan area, and 2) the acres within these
incorporated areas anticipated to be conserved within the Criteria Area established by the MSHCP as
follows: Barming - 70 acres; Beaumont - 7,250 acres; Calimesa- 1,740 acres; Canyon Lake - 40 acres;
Corona-470 acres; Hemet- 810 acres; Lake Elsinore - 6,350 acres; Moreno Valley - 105 acres;
Murrieta - 2,390 acres; Norco - 100 acres; Perris - 1,060 acres; Riverside - 90 acres; San Jacinto - 2,130
acres; and Temecula- 990 acres. For purposes of this paragraph, each regular Board member of the
meeting who represents a City shall be assigned votes based on the percentage of the population of
incorporated areas within the boundaries of the MSHCP Plan area represented by that member in relation
to the total population of incorporated areas within the boundaries of the MSHCP Plan area as well as the
percentage of the acreage anticipated to be conserved within the Criteria Area subject to the jurisdiction of
that member in relation to the total incorporated area acreage within the Criteria Area set forth in the
MSHCP. Population data shall be determined through California Department of Finance estimates,
adjusted armuaIly. In addition, as lands within the Criteria Area are acquired and conserved, the Board
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may through resolution revise the above-referenced average number of acres that are anticipated to be
conserved within incorporated areas.
D.
The Board may adopt, from time to time, such rules and regulations for the conduct
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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.
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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 flfst meeting held in each succeeding calendar year shall, the Board shall select any other
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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
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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
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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
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 armual audit of the accounts and
records of the RCA, and a complete written report of such audit shall be filed as public records armually,
within six (6) months of the end of the fiscal year under examination, with each of the Parties. Such
armual audit and written report shall comply with the requirements of Section 6505 of the Government
Code. The cost of the armual 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
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the armual 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 ofFish 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.
AdministrativeIPersonnel Services. The Board may contract with WRCOG or
any other public entity to provide administrative/personnel services to the RCA.
Section 12.
Monitorinl! Prol!ram Administrator. Upon issuance of the permits for the
MSHCP by the U.S. Fish and Wildlife Service and California Department ofFish 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
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perform all duties and responsibilities as set forth in Sections 5.0 and 6.0 of the MSHCP. Thereafter, the
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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 carmot adequately
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perform the duties and responsibilities of this position.
Section 13.
Reserve Manal!ers. 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 armual 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.-
Fundinl! 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 ofFish 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 ofFish and Game. To the extent feasible, members of the Funding Coordination
Committee shall have expertise in real estate or land use plarming and/or experience implementing large
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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. The
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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 Plarming 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
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potential acquisition sites, if applicable. The Plarming Directors or their designated representatives may
participate in Committee meetings, as appropriate.
Section 16.
Reserve Manaeement Oversieht 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.
B.
U. S. Fish and Wildlife Service,
California Department ofFish and Game,
C.
D.
Riverside County Regional Parks and Open Space District,
Bureau of Land Management,
E.
F.
U.S. Forest Service,
California Department of Parks and Recreation,
G.
H.
RCA,and
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 Governine Law. This Agreement shall be construed and enforced in
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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 marmer of exercising its powers, subject, however, to
such restrictions as are applicable to said city in the marmer 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
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affairs. Among these rules shall be a conflict of interest code and a purchasing ordinance. The Board
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may, as it deems appropriate, review and revise these rules and regulations.
Section 18.
Fiscal Year. The fiscal year ofthe RCA shall be the period commencing on July
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Section 19.
Contributions/Estimated Budeet.
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 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 armual 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 armual budget for the RCA shall be prepared by the Executive Director. In
the alternative, the RCA may contract with WRCOG to prepare an armualbudget. The armual 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
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are set forth in the then current approved budget for the RCA.
Section 20.
MSHCP ReDortine: Requirements. In order to assist in the preparation of the
armual 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 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 armual basis all information contained in the Existing
Agricultural Operations Database including the amount of new agricultural land, if any, added to the
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Database as well as any documentation concerning the expansion of agricultural operations within the
Criteria Area.
Section 21.
Joint Project/Acquisition Review Process. To ensure that the requirements of
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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.
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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 pursuant to this Section shall be recoverable only
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out ofRCA 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.
Riverside County Conservation Authority
Executive Director
4080 Lemon Street, 7th Floor
Riverside, CA 92501
County of Riverside
Transportation and Land Management Agency
Agency Director
4080 Lemon Street, 7th Floor
Riverside, CA 92501
(909) 955-6742
(909) 955-6879
B.
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. 6th Street
Beaumont, CA 92223
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(909) 769-8526 fax
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3 E. City of Calimesa
City Manager
4 908 Park Ave
5 Calimesa, CA 92320
(909) 795-9801
6 (909) 795-4399 fax
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F. City of Canyon Lake
11 City Manager
12 31516 Railroad Canyon Road
Canyon Lake, CA 92587
13 (909) 244-2955
I (909) 246-2022 fax
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15 G. City of Corona
16 City Manager
PO Box 940
17 Corona, CA 92878
(909) 736-2371
18 (909) 736-2493 fax
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H. City of Hemet
20 City Manager
21 445 E. Florida Avenue South
Hemet, CA 92543
22 (909) 765-2300
(909) 765-3785 fax
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24 I. City of Lake Elsinore
25 City Manager
130 S. Main Street
1 26 Lake Elsinore, CA 92530
(909) 674-6727 ext. 261
27 (909) 674-2392 fax
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City Manager
2 PO Box 88005
Moreno Valley, CA 92553
3 (909) 413-3008
(909) 413-3760 fax
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6 City Manager
26442 Beckman Court
7 Murrieta, CA 92562-9755
8 (909) 698-1040
(909) 698-9885 fax
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1. City of Nor co
11 City Manager
2870 Clark Avenue
12 Norco, CA 92860
13 (909) 270-5611
1 (909) 270-5622 fax
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15 M. City of Perris
16 City Manager
101 North D Street
17 Perris, CA 92570
(909) 657-5882
18 (909) 657-1087 fax
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20 N. City of Riverside
City Manager
21 3900 Main Street
Riverside, CA 92522
22 (909) 826-5991
(909) 826-5470 fax
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24 O. City of San Jacinto
City Manager
25 201 E Main Street
1 San Jacinto, CA 92583
26 (909) 487-7342
27 (909) 654-3728 fax
28 P. City of Temecula
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City Manager
PO Box 9033
Temecula, CA 92589-9033
(909) 694-6440
(909) 694-6499 fax
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 Ae:reements Not Prohibited.
Other agreements by and between the
Parties of this Agreement or any other entity are neither prohibited nor modified in any marmer by
execution of this Agreement. Furthermore, the Piu-ties 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 Oblie:ations.
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
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agreements to be executed by the Parties.
Section 28.
Non-Assie:nabilitv.
The rights, titles and interests of any Party to this Agreement
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shall not be assignable or transferable without the consent of the governing body of each Party hereto.
Section 29.
Section Headine:s. The section headings herein are for convenience of the Parties
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only, and shall not be deemed to govern, limit, modify or in any marmer affect the scope, meaning or
intent of the provisions or language of this Agreement.
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Section 30.
Construction of Lanl!Uae:e.
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
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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
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to the public, accounting, litigation, public relations and the like.
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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.
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Section 33.
Successors.
This Agreement shall be binding upon and shall inure to the benefit
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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:
COUNTY OF RIVERSIDE
Attest:
By:
Chairman, Board of Supervisors
Dated:
CITY OF BANNING
Attest:
By:
Mayor
City Clerk
Dated:
CITY OF BEAUMONT
Attest:
By:
Mayor
City Clerk
Dated:
CITY OF CALIMESA
Attest:
By:
Mayor
City Clerk
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I Dated: CITY OF CANYON LAKE
2 Attest:
3 By:
4 City Clerk Mayor
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6 Dated: CITY OF CORONA
7 Attest:
8 By:
9 City Clerk Mayor
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Dated: CITY OF HEMET
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Attest:
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13 By:
1 City Clerk Mayor
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Dated: CITY OF LAKE ELSINORE
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Attest:
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18 By:
City Clerk Mayor
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Dated: CITY OF MORENO VALLEY
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Attest:
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By:
23 City Clerk Mayor
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25 Dated: CITY OF MURRIETA
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By:
28 City Clerk Mayor
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1 2 Dated: CITY OF NORCO
3 Attest:
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By:
5 City Clerk Mayor
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11 Attest:
12 By:
13 City Clerk Mayor
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Dated: CITY OF RIVERSIDE
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Attest:
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17 By:
City Clerk Mayor
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Dated: CITY OF SAN JACINTO
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Attest:
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22 By:
City Clerk Mayor
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24 Dated: CITY OF TEMECULA
25 Attest:
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By:
27 City Clerk Mayor
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