Western Riverside County Regional Conservation …...Western Riverside County Regional Conservation Authority Established in 2004, the Western Riverside County Regional servation Authority

Western Riverside County Regional Conservation Authority

www.wrc-rca.org

Established in 2004, the Western Riverside County Regional servation Authority is a joint powers authority consisting of fourte

(14) cities and the county. The RCA is charged with administering the 2003 Western Riverside County Multiple Species Habitat Conservation Plan.

Con en

SPECIAL MEETING

1:00 p.m., June 9, 2008 Riverside County Administrative Center

First Floor, Board Room 4080 Lemon Street, Riverside

BOARD OF DIRECTORS

OFFICERS

Eugene Montanez, Chairman City of Corona

Bob Buster, Vice Chairman Jeff Stone, Past Chairman County of Riverside, District I County of Riverside, District III BOARD MEMBERS

John Machisic Frank Hall City of Banning City of Norco Larry Dressel Mark Yarbrough City of Beaumont City of Perris Jim Hyatt Andy Melendrez City of Calimesa City of Riverside John Zaitz Dale Stubblefield City of Canyon Lake City of San Jacinto Robin Lowe Maryann Edwards City of Hemet City of Temecula Robert Schiffner John Tavaglione City of Lake Elsinore County of Riverside District II Charles White Roy Wilson City of Moreno Valley County of Riverside District IV Gary Thomasian Marion Ashley City of Murrieta County of Riverside District V

Charles Landry, Executive Director Honey Bernas, Director of Administrative Services

Ken Graff, Director of Land Acquisition and Property Management

WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY www.wrc-rca.org

SPECIAL MEETING AGENDA* *Actions may be taken on any item listed on the agenda. Non-exempt materials related to an item on this agenda submitted to the RCA Board after distribution of the agenda packet are available for public inspection at the RCA Offices, 4080 Lemon Street, 12th Floor, Riverside, CA, during normal business hours. Such documents are also available on the Western Riverside County Regional Conservation Authority website at www.wrc-rca.org subject to staff’s ability to post the documents before the meeting.

Monday, June 9, 2008

1:00 p.m.

Riverside County Administrative Center First Floor Annex – Board Hearing Room

4080 Lemon Street Riverside, CA 92501

In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in a Board meeting, please contact the Clerk of the Board at (951) 955-9700. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting.

1. CALL TO ORDER 2. ROLL CALL

3. PUBLIC COMMENTS

At this time members of the public can address the RCA Board of Directors regarding any items within the subject matter jurisdiction of the Board that are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. No action may be taken on items not listed on the agenda unless authorized by law. Each individual speaker is limited to speak three (3) continuous minutes or less. Any person wishing to address the Board on any matter, whether or not it appears on this agenda, is requested to complete a Request to Speak form available at the door. The completed form is to be submitted to the Clerk of the Board prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Board in writing and only pertinent points presented orally. Any written documents to be distributed or presented to the RCA Board of Directors shall be submitted to the Clerk of the Board.

4. BOARD MEMBER ANNOUNCEMENTS (This item provides the opportunity for the Board Members to report on attended meetings/conferences and any other items related to RCA activities.)

http://www.wrc-rca.org/


RCA BOARD OF DIRECTORS AGENDA Page 2 of 6 June 9, 2008

5. ADDITIONS/REVISIONS (The Board may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Board subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Board. If there are less than 2/3 of the Board Members present, adding an item requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.)

6. APPROVAL OF MINUTES

7. CONSENT CALENDAR (All matters listed under the Consent Calendar will be

approved in a single motion unless a Board member requests separate action on specific Consent Calendar item. The item will be pulled from the Consent Calendar and placed for discussion.)

7.1 RESOLUTION NO. 08-006, RESOLUTION OF THE BOARD OF

DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING AN ENDOWMENT FUND INVESTMENT POLICY

Overview This item is for the RCA Board of Directors to adopt Resolution No. 08-006, Resolution of the Western Riverside County Regional Conservation Authority Adopting an Endowment Fund Investment Policy.

7.2 RESOLUTION NO. 08-007, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING POLICY NO. RCA-AM001, A CAPITALIZATION THRESHOLD POLICY Overview

This item is for the RCA Board of Directors to adopt Resolution No. 08-007, Resolution of the Board of Directors of the Western Riverside Regional Conservation Authority Adopting Policy No. RCA-AM001, A Capitalization Threshold Policy


7.3 RESOLUTION NO. 08-008, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY DELEGATING TO THE EXECUTIVE DIRECTOR THE POWER AND AUTHORITY TO MAKE TRANSFERS OF APPROPRIATIONS WITHIN A BUDGET UNIT Overview This item is for the RCA Board of Directors to adopt Resolution No. 08-008, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Delegating to the Executive Director the Power and Authority to Make Transfers of Appropriations Within a Budget Unit.

7.4 RESOLUTION NO. 08-010, RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING POLICY NO. RCA-AM002, A POLICY ESTABLISHING “CONTROL OVER EQUIPMENT”

Overview This item is for the RCA Board of Directors to adopt Resolution No. 08-010, Resolution of the Western Riverside County Regional Conservation Authority Adopting Policy No. RCA-AM002, A Policy Establishing “Control Over Equipment”

7.5 MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF LAND MANAGEMENT AND THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY FOR PARTICIPATION IN THE SOUTH COAST RESOURCE MANAGEMENT PLAN REVISION

Overview This item is for the RCA Board of Directors to: 1) Approve the MOU between the RCA and BLM for RCA participation in the

RMP revision process; and 2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the

MOU on behalf of the Authority.

RCA BOARD OF DIRECTORS AGENDA Page 4 of 6 June 9, 2008 7.6 LEASE AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTY

REGIONAL CONSERVATION AUTHORITY AND THE COUNTY OF RIVERSIDE FACILITIES MANAGEMENT DEPARTMENT TO LEASE OFFICE SPACE AT 3403 TENTH STREET, SUITE 320, RIVERSIDE, CALIFORNIA

Overview This item is for the RCA Board of Directors to:

1) Approve the negotiated Lease Agreement between the RCA and the County of Riverside Facilities Department to lease office space at 3403 Tenth Street, Suite 320, Riverside, California; and

2) Authorize the Executive Director, pursuant to Legal Counsel review and

approval, to execute the Lease Agreement on behalf of the Authority.

7.7 FISCAL YEAR 2007-08 THIRD QUARTER FINANCIAL STATEMENTS Overview This item is for the RCA Board of Directors to receive and file the Fiscal Year

2007-08 Third Quarter Financial Statements. 7.8 MULTIPLE SPECIES HABITAT CONSERVATION PLAN ANNUAL REPORT

2007 Overview This item is for the RCA Board of Directors to receive and file the Multiple

Species Habitat Conservation Plan Annual Report 2007.

8. DISCUSSION ITEMS

8.1 INTRODUCTION OF ORDINANCE 08-01, ORDINANCE OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ESTABLISHING A POLICY FOR PROPERTY ACQUISITION

Overview This item is for the RCA Board of Directors to: 1) Introduce Ordinance 08-01, Ordinance of the Western Riverside County

Regional Conservation Authority Establishing a Policy for Property Acquisition, and after reading the title of the Ordinance, waive further reading;


8.1 (Contd.)

2) Authorize the Clerk of the Board to publish a summary of the proposed Ordinance and post a certified copy of the proposed Ordinance in the Clerk’s office at least five days prior to the July 7, 2008 RCA Board meeting;

3) Authorize staff to agendize this matter for the July 7, 2008 Regular

Meeting of the RCA Board of Directors to vote on the Ordinance; 4) Adopt Ordinance 08-01 at the July 7, 2008 Regular Meeting of the RCA

Board of Directors; and

5) Authorize the Clerk to publish a summary of the ordinance with the names of the Board members voting for and against the Ordinance within 15 days after adoption of the Ordinance.

8.2 ADOPTION OF RESOLUTION NO. 08-011, A RESOLUTION OF THE

BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY MAKING A FINDING THAT THE MEMORANDUM OF UNDERSTANDING ENTERED INTO ON JANUARY 16, 2008, BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY, THE COUNTY OF RIVERSIDE, AND ANHEUSER-BUSCH, INCORPORATED, IS VOID ON ITS FACE AND HAS NO FORCE OR EFFECT

Overview This item is for the RCA Board Directors to adopt Resolution no. 08-011,

Making a Finding that the Memorandum of Understanding entered into on January 16, 2008, between the Western Riverside County Regional Conservation Authority, the County of Riverside, and Anheuser-Busch, Incorporated, is Void on Its Face and Has No Force or Effect.

9. EXECUTIVE DIRECTOR’S REPORT

9.1 Permittee Training 10. LAND ACQUISITION UPDATE 11. ITEMS FOR NEXT MEETING Board Members are invited to suggest additional items to be brought forward for discussion.

RCA BOARD OF DIRECTORS AGENDA Page 6 of 6 June 9, 2008 12. CLOSED SESSION:

12A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Negotiating Parties: RCA – Director of Land Acquisition and Property Management or Designee Under Negotiation: Price/Terms

Item Assessor Parcel Nos. Property Owners

1 289-030-009 289-070-002 289-070-005 289-110-015

Joyce Ashley, Dennis Ashley

2 569-050-021 Marti Rustam, Tahoe International 3 470-100-005 Jerome Thompson, Bonny Thompson

12B. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Pursuant to Subdivision (b) of Government Code Section 54956.9 Exposure to Litigation Number of Potential Cases: 2 12C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Subdivision (a) of Government Code Section 54956.9 ■ Case No. RIC 493433

13. ADJOURNMENT The next meeting of the Western Riverside County Regional Conservation Authority

Board of Directors is scheduled to be held on Monday, July 7, 2008, at 1:00 p.m. at the County Administrative Center, Board Room, 4080 Lemon Street, Riverside, California.

AGENDA ITEM NO. 6

MINUTES

WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY www.wrc-rca.org

MEETING MINUTES Monday, May 5, 2008

1. CALL TO ORDER

The meeting of the Board of Directors of the Western Riverside County Regional

Conservation Authority was called to order by Chairman Eugene Montanez at 1:01 p.m. in the Board Room of the County Administrative Center, 4080 Lemon Street, First Floor, Riverside, California 92501.

2. ROLL CALL

Board Members/Alternates Present Board Members Absent

Bob Buster John Tavaglione Maryann Edwards Gary Thomasian Jim Hyatt Andy Melendrez Larry Dressel Bonnie Flickinger Frank Hall Jim Hyatt Robin Lowe John Machisic Eugene Montanez Robert Schiffner Jeff Stone Charles White Roy Wilson Mark Yarbrough John Zaitz

3. PUBLIC COMMENTS There were no public comments. 4. BOARD MEMBER ANNOUNCEMENTS

Chairman Montanez announced the retirement of Joe Richards, RCA Deputy Executive Director, effective on May 8, 2008. He expressed his appreciation and gratitude for his efforts and the role that he played during the time when the agency is defining its management responsibilities and policies for implementation of the MSHCP.


RCA BOARD OF DIRECTORS MINUTES Page 2 of 7 May 5, 2008

Jim Hyatt advised that his first meeting with Joe Richards was in the late 1980’s at UCR where he and his wife took a General Plan course from him. This was during the incorporation of Calimesa. He stated that Joe Richards was a tremendous help and provided valuable information on the General Plan process for which Mr. Hyatt is very thankful.

Robin Lowe said that she was privileged to work with Joe Richards during the RCIP planning process when he was the Chairman of the General Plan Committee for the County of Riverside and she was the Chairman of the CETAP Committee. She said the Joe Richards came to RCA at a critical time to assist and provided fundamental assistance to Tom Mullen and to the RCA. She expressed her thanks to Joe Richards for filling the niche that RCA desperately needed.

Joe Richards thanked the Board Members for the kind words. He said that he had an enjoyable experience and had a great working relationship with the RCA Board members and staff, the member cities and their staff, and consultants. He also expressed his thanks to Tom Mullen for providing him with the opportunity to work for the RCA.

5. ADDITIONS/REVISIONS

There were no additions or revisions to the meeting agenda.

6. APPROVAL OF MINUTES M/S/C (STONE/BUSTER) to approve the minutes of the March 31, 2008 meeting, as presented.

7. CONSENT CALENDAR M/S/C (LOWE/ZAITZ ) to approve the following Consent Calendar items:

7.1 AHERN CONTRACT MODIFICATION 1. Approve Amendment No. 1 to the Professional Services Agreement

between RCA and Ahern, Adcock, and Devlin, LLP, and modify the Agreed-Upon Procedures List; and

2. Authorize the Chairman, pursuant to Legal Counsel review, to execute

said Amendment on behalf of the Authority.

7.2 BIOLOGICAL MONITORING PROGRAM WORK PLAN AND COST ESTIMATE FOR FISCAL YEAR 2008-09 Approve the Biological Monitoring Program Work Plan and Cost Estimate for Fiscal Year 2008-09 in the amount of $1,471,497.


7.3 RECURRING CONTRACTS FOR FISCAL YEAR 2008-09 Approve the Recurring Contracts for Fiscal Year 2008-09.

7.4 ADOPTION OF RESOLUTION NO. 08-005 APPROVING THE ACCEPTANCE OF THREE SUBGRANTS FROM THE WILDLIFE CONSERVATION BOARD

1. Adopt Resolution No. 08-005, which approves the acceptance of three

subgrants from the Wildlife Conservation Board for the Benton 36 and Cordes properties; and

2. Authorize the Chairman, pursuant to Legal Counsel review, to execute

three subgrant agreements on behalf of the Authority.

7.5 AMEND THE JUNE AND AUGUST MEETING SCHEDULE FOR THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY

1. To reschedule its June meeting to June 9, 2008 to accommodate the

County of Riverside’s request; and

2. Cancel the August meeting of the RCA Board of Directors and the July and August Executive Committee meetings.

8. DISCUSSION ITEMS

8.1 APPROVAL OF RESOLUTION NO. 08-004 ADOPTING THE FISCAL YEAR 2008-09 OPERATING AND CAPITAL BUDGET FOR THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY

Honey Bernas, Director of Administrative Services, presented the proposed

FY 2008-09 Operating and Capital Budget for the RCA. The proposed budget was prepared using the approved cost allocation assumptions endorsed by the Board (MSHCP Section 8, Appendix B-5) as its guiding principle. As noted in the Funding Plan, the cost allocations for the first 25 years (acquisition period) are 4.1% Administration, 91% Land Acquisition, and 4.8% Management/Monitoring. The cost allocations for the proposed budget for Fiscal Year 2008-09 are: 1) Administration 1.74%; 2) Land Acquisition 93.49%; and, 3) Management/Monitoring 4.77%. The projected Total Revenues are estimated at $44.4 million and staff anticipated a decrease of 15% in mitigation


fees from the actual amount in the year end. Staff proposed Total Expenditures of $54.9 million and to draw $10.5 million from Cash Reserves to augment the Land Acquisition budget, leaving a balance of $12 million in the Cash Reserve Account at the end of Fiscal Year 2009.

M/S/C (BUSTER/STONE) to adopt Resolution No. 08-004 adopting

the Fiscal Year 2008-09 Operating and Capital Budget for the Western Riverside County Regional Conservation Authority.

8.2 UPDATE ON GOVERNMENT CODE SECTION 84308

Steve De Baun, Legal Counsel – Best, Best & Krieger, stated that Government Code Section 84308, Disclosure of Campaign Contributions, only applies to appointed agencies such as the RCA. He reviewed the general rule regarding disclosure of received contributions and participation in the decision-making process. Unlike most rules, the Conflict of Interest Rule applies to applicants as well. The policy that the RCA Board adopted on March 31, 2008 requires the disclosure of contributions by those doing business, including land purchase, with the RCA. He noted two exceptions to the rule: 1) It does not apply to low bid contracts; and, 2) It does not apply if the Board Member returns the contribution within 30 days after learning about the contribution.

Bob Buster requested clarification to the rules: 1) Before action is taken if a Board Member received a contribution of more than $250 from the applicant and the ability for the Board member to participate in the action if a portion of the contribution is returned so it falls below $250; and, 2) After approval of a project, if a Board Member sends a solicitation letter for campaign contribution to the applicant within three months of the action.

Steve DeBaun said that the rules would not apply if the Board Member abstained from participation of the approval process. However, the rules apply if the Board Member chose to participate in the approval process, returns a partial contribution so that it is below the $250 minimum or returns the full contribution during the approval process and three months after the approval process.

Maryann Edwards asked about an LLC contribution as it related to land acquisition and contracts. Steve DeBaun said that the rule applies to the agency that holds the contract and the agent. He will have to research the matter on how the rule applies to a minority partner of the LLC who has the responsibility for solicitation and with whom the contract is with.

In response to Robin Lowe’s inquiry as to when the State statute became effective noting that the minimum amount of campaign of contribution is very low, Steve DeBaun said that the statute has been in place for many years. He


advised that this started when a city council member took exception that members of a planning commission were able to solicit for contributions.

Jeff Stone commented that he proposed that the County of Riverside and other public agencies adopt a policy wherein parties engaging in a business relationship with the agency disclose if they have made contributions to members of the Board. Members of the Board of Supervisors receive contributions outside of the District that they represent and sit on various Boards and this is a means to aid the elected officials to comply with the FPPC rules and regulations. This is for applicants to recognize that they have a responsibility as well regarding campaign contributions.

Steve DeBaun said that in accordance with the RCA policy, applicants and participants in land business dealings will be provided a list of the RCA Board Members. In response to a question regarding compliance by the Board Member and Alternate, Steve DeBaun said that the official that is currently sitting at the dais and/or participating on the approval process would need to comply with the requirement. 9. EXECUTIVE DIRECTOR’S REPORT

9.1 Public Outreach Charles Landry, Executive Director, said that in response to discussion at a

previous Board meeting regarding outreach, staff is proposing to develop a brochure which covers the Multiple Species Habitat Conservation Plan and the various jurisdictions that it covers. At the concurrence of the RCA Board, staff will proceed with the development of the brochure. In addition to developing a brochure, RCA staff will comply with requests from staff of member agencies to speak before their respective city councils.

9.2 Wildomar Incorporation

With the incorporation of Wildomar this summer, Charles Landry said that RCA

staff is assembling appropriate documents for Wildomar and will be meeting with city officials to discuss them entering into an agreement with the wildlife agencies and their membership to the RCA JPA.

10. LAND ACQUISITION UPDATE Ken Graff, Director of Land Acquisition and Property Management, informed the Board

that since its last meeting, RCA acquired four additional properties for a total of 40,451 acres conserved.

RCA BOARD OF DIRECTORS MINUTES Page 6 of 7 May 5, 2008 11. ITEMS FOR NEXT MEETING

Chairman Montanez informed the Board Members that there is a need to review the Plan for refinements and set up policies and procedures. This will be done through a subcommittee. Interested Board Members should contact him or Charles Landry.

At this time, Chairman Montanez adjourned to Closed Session. 12. CLOSED SESSION:

12A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Negotiating Parties: RCA – Director of Land Acquisition and Property Management or Designee Under Negotiation: Price/Terms

Item Assessor Parcel Nos. Property Owners

1 571-380-007 William Sanders, Sherry Ikezawa, Brenda Atkinson, SV 101

2 900-070-001, 900-070-008, 900-070-009, 900-070-010, 580-470-003, 580-470-004, 580-480-001, 571-170-028, 571-170-029, 571-170-030, 571-170-032, 571-170-033, 571-170-039, 571-170-140, 571-170-141, 571-170-042,

571-170-007

Winchester 700

12B. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Pursuant to Subdivision (b) of Government Code Section 54956.9 Exposure to Litigation Number of Potential Cases: 2 12C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Subdivision (a) of Government Code Section 54956.9 ■ Case No. RIC 493433 ■ Case No. RIC 493233 At this time, the RCA Board meeting reconvened. Steve DeBaun announced two cases of anticipated litigation: 1) Winchester 700; and 2) San Jacinto River Ranch.

AGENDA ITEM NO. 7.1

RESOLUTION NO. 08-006 ADOPTING AN ENDOWMENT FUND INVESTMENT POLICY

STAFF REPORT June 7, 2008 Agenda Item No. 7.1

Regional Conservation Authority

RESOLUTION NO. 08-006,

RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION

AUTHORITY ADOPTING AN ENDOWMENT FUND INVESTMENT POLICY

Staff Contact: RCA Legal Counsel Best Best & Krieger LLP (951) 686-1450 Background:

The Authority often accepts endowments from various individuals and entities. Staff believes it is important to adopt a policy to govern its endowment and investment fund.

The proposed policy states that endowments contributed by donors and related interest will be used for management and monitoring. Donors may classify the funds as restricted or unrestricted. Unused funds generated by Endowments in a current year may be used in subsequent years. Provided that there is no other legal prohibition, funds classified as unrestricted will be placed in the corpus of the RCA Adaptive Management Endowment.

Executive Committee and Staff Recommendation:

That the RCA Board of Directors adopt Resolution No. 08-006, Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Adopting an Endowment Fund Investment Policy.

Attachments:

1) Resolution No. 08-006, Adopting an Endowment Fund Investment Policy 2) Endowment Fund Investment Policy

AGENDA ITEM NO. 7.1

ATTACHMENT 1 Resolution No. 08-006

Adopting An Endowment Fund Investment Policy

AGENDA ITEM NO. 7.1 ATTACHMENT 1

RESOLUTION NO. 08-006

RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY

ADOPTING AN ENDOWMENT FUND INVESTMENT POLICY

WHEREAS, the Western Riverside County Regional Conservation Authority (the “Authority”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement (“Agreement”); and

WHEREAS, the Authority often accepts endowments from various individuals and entities; and

WHEREAS, the Authority believes it is important to adopt a policy to govern its endowment and investment fund; and

NOW, THEREFORE, BE IT RESOLVED that the Western Riverside County Regional Conservation Authority Board of Directors hereby adopts the “Endowment Fund Investment Policy,” a copy of which attached hereto and incorporated herein.

PASSED AND ADOPTED at the regular meeting of the Board of Directors at the Western Riverside County Regional Conservation Authority held this 9th day of June, 2008.

By: Eugene Montanez, Chairman Western Riverside County Regional Conservation Authority

ATTEST:

By: Honey Bernas, Clerk of the Board Western Riverside County Regional Conservation Authority

AGENDA ITEM NO. 7.1

ATTACHMENT 2 Endowment Fund Investment Policy

AGENDA ITEM NO. 7.1

ATTACHMENT 2

WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY

ENDOWMENT FUND INVESTMENT POLICY

1. Purpose. The purpose of this Policy is to provide for the investment and management of the endowments (“Endowment[s]”) accepted by the Western Riverside County Regional Conservation Authority (“RCA”).

2. Donations. Donors who contribute Endowments to the RCA shall be required to donate funds pursuant to this policy.

2.1. Endowments contributed by donors and interest generated by said Endowments shall be used for management and monitoring.

2.1.1. Donors may classify the use of Endowment funds and related interest as unrestricted funds or as funds restricted to a specific property. Funds classified as unrestricted shall be placed in the corpus of the RCA Adaptive Management Endowment.

2.1.2. Unused funds generated by the Endowment in a current year may be used in subsequent years.

2.1.3. Provided that there is no other legal prohibition, 25 years after receipt of the Endowment, restricted funds will be added to the corpus of the RCA Adaptive Management Endowment.

3. Standard of Investment. The Standard of Investment is governed by the Western Riverside County Regional Conservation Authority Investment Policy.

IN WITNESS WHEREOF, the Board has caused this Policy to be adopted effective on this 9th day of June 9, 2008.

By: _________________________________ Eugene Montanez, Chairman Western Riverside County Regional Conservation Authority ATTEST: By: ______________________________ Honey Bernas, Clerk of the Board Western Riverside County Regional Conservation Authority RVPUB\KCWIERTNY\743554.6

AGENDA ITEM NO. 7.2

RESOLUTION NO. 08-007 ADOPTING POLICY

NO. RCA-AM001, A CAPITALIZATION

THRESHOLD POLICY



RESOLUTION NO. 08-007, RESOLUTION OF THE BOARD OF DIRECTORS

OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ADOPTING POLICY NO. RCA-AM001,

A CAPITALIZATION THRESHOLD POLICY

Staff Contact: Honey Bernas, Director of Administrative Services (951) 955-2842 Background:

The Authority is responsible for the management of the Authority’s assets. Staff believes it is important to adopt a policy to govern the Authority’s capitalization threshold for asset management.

The proposed policy provides guidance in the definition of terms, concepts, timelines and thresholds for capitalization of assets based on generally accepted accounting principles for asset management.


That the RCA Board of Directors adopt Resolution No. 08-007, Adopting Policy No. RCA-AM001, a Capitalization Threshold Policy

Attachments:

1) Resolution No. 08-007, Adopting Policy No. RCA-AM001, a Capitalization Threshold Policy

2) Policy No. RCA-AM001

AGENDA ITEM NO. 7.2

ATTACHMENT 1 Resolution No. 08-007 Adopting Policy No.

RCA-AM001, A Capitalization Threshold

Policy



RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY

ADOPTING POLICY NO. RCA-AM001, A CAPITALIZATION THRESHOLD POLICY

WHEREAS, the Western Riverside County Regional Conservation Authority (the

“Authority”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement (“Agreement”); and

WHEREAS, the Authority is responsible the management of the Authority’s assets; and;

WHEREAS, the Authority believes it is important to adopt a policy to govern its capitalization threshold for asset management; and

NOW, THEREFORE, BE IT RESOLVED that the Western Riverside County Regional Conservation Authority Board of Directors hereby adopts Policy Number RCA-AM001, a “Capitalization Threshold Policy,” a copy of which attached hereto and incorporated herein.



ATTEST:


AGENDA ITEM NO. 7.2

ATTACHMENT 2 Policy No. RCA-AM001,

A Capitalization Threshold Policy

Western Riverside County Regional Conservation Authority

SECTION: 3 CATEGORY: Asset Management POLICY NO.: RCA-AM001 RESOLUTION NO.:

08-007 APPROVED BY: RCA Board of Directors DATE APPROVED OR REVISED: Pending

AGENDA ITEM NO.: 7.2

SUBJECT: CAPITALIZATION THRESHOLDS

PURPOSE: To provide guidance in the definition of terms, concepts, timelines, and thresholds for the capitalization of assets.

POLICY: To provide for consistent accounting and reporting of capital assets, the capitalization thresholds described in this policy must be applied when accounting for capital assets. This policy sets forth the minimum standards; however, the Regional Conservation Authority (RCA) should capitalize assets below the threshold whenever a business need justifies so doing.

PROCEDURES:

Definitions: Capital assets include real and personal property and intangible assets of significant value having a useful life which extends beyond one year that are broadly classified as land, infrastructure, buildings, improvements, equipment, furniture and fixtures, automobiles, and intangible assets. Improvements are modifications that extend the useful life or enhance the general utility of a capital asset. Intangible assets include long-term assets that lack physical existence such as mineral rights, software and easements. Significant value means that the cost of the asset meets or exceeds the threshold amounts as described in this policy. Non-capitalized assets that do not meet significant value criterion or have a life less than one year are expensed at time of purchase. Real Property includes land and buildings (structures) affixed to the land other than infrastructure structures.

SECTION: 3 POLICY RCA-AM001

Page 2 of 2

The capitalization thresholds provided below apply to all assets acquired by, or donated to, the Regional Conservation Authority (RCA). Capital assets purchased with funds from programs or grants must follow the capitalization requirements specified by the program, grant, or other statutory requirement. Capitalization Thresholds and Timelines: Assets should be capitalized when they meet the following minimum values: Equipment...........................................................................................................$5,000 Real Property Thresholds:

Building (Structures) .........................................................................................$1 Land .................................................................................................................$1 Land Improvements....................................................................................$5000 Construction in Progress ............................................................................$5000

Real Property Capitalization Timelines:

Land: All costs within the first 90 days of escrow closing shall be capitalized. Between 90 days and two years after escrow closing, all costs over $100.00 which are identified as acquisition related shall be capitalized.

Acquisitions–in-progress (AIP):

Land .................................................................................................................$1 Acquisitions-in-progress will be reviewed quarterly. AIP no longer in progress will be inactivated and capitalized costs shall be reclassified to expense. Completed Acquisitions-in-progress will be capitalized.

Valuation Basis The cost of a capital asset includes all costs necessary to place the asset in service (e.g., Pre acquisition reviews, appraisals, reports, negotiations, and other ancillary costs). Donated capital assets must be recorded at their fair value based on a current appraisal at the time of acquisition, plus ancillary charges, if any. Internal Control All capitalized assets shall be recorded in the Asset Management Module (AM), and valuation and existence will be reviewed and monitored annually by RCA management. REFERENCES: Establishing Appropriate Capital Thresholds for Tangible Capital Assets, GFOA, 2006

AGENDA ITEM NO. 7.3

RESOLUTION NO. 08-008 DELEGATING TO THE

EXECUTIVE DIRECTOR THE POWER AND AUTHORITY TO

MAKE TRANSFERS OF APPROPRIATIONS WITHIN A

BUDGET UNIT



RESOLUTION NO. 08-008 RESOLUTION OF THE BOARD OF DIRECTORS

OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY DELEGATING TO THE EXECUTIVE DIRECTOR THE POWER AND AUTHORITY TO MAKE TRANSFERS OF

APPROPRIATIONS WITHIN A BUDGET UNIT


On December 4, 2006, the RCA Board of Directors adopted Resolution No. 06-14 delegating to the Executive Director the Power and Authority to transfers and revisions of appropriations within a budget unit.

Amendment No. 2 to the Joint Exercise of Powers Agreement Creating the Western Riverside County Regional Conservation Authority dated March 11, 2008, modified the JPA to change the RCA governing authority from state laws governing counties to state laws governing cities.

Staff is proposing that the Board adopt Resolution No. 08-008 which states that the laws of the State of California applicable to the general law cities govern the Authority and grants the same authority previously granted to the Executive Director regarding transfers of appropriations within a budget unit. Resolution 08-008 changes the requirement to report appropriation transfers to the Board on a monthly basis to reporting to the Board with quarterly financial statements.


That the RCA Board of Directors adopt Resolution No. 08-008, Resolution of the Board of Directors of the Western Riverside County Delegating Authority to the Executive Director the Power to make Transfers of Appropriations within a Budget Unit.

Attachment:

Resolution No. 08-008

AGENDA ITEM NO. 7.3

ATTACHMENT NO. 1 Resolution No. 08-008

Delegating to the Executive Director the Power and Authority to

Make Transfers of Appropriations Within a

Budget Unit

RVPUB\CRAVEN\722960.2

AGENDA ITEM NO. 7.3

ATTACHMENT 1


RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL

CONSERVATION AUTHORITY DELEGATING TO THE EXECUTIVE DIRECTOR THE POWER AND AUTHORITY

TO MAKE TRANSFERS AND REVISIONS OF APPROPRIATIONS WITHIN A BUDGET UNIT

WHEREAS, the laws of the State of California applicable to the general law cities govern the Western Riverside County Regional Conservation Authority (“RCA”) in the manner of exercising its powers; and

WHEREAS, RCA desires to delegate to the Executive Director the power and

authority to approve transfers and revisions of appropriations within a budget unit;

WHEREAS, this Resolution rescinds, supersedes and replaces Resolution No. 06-14;

WHEREAS, all other legal prerequisites to the adoption of this Resolution have

occurred.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Western Riverside County Regional Conservation Authority Board of Directors as follows:

The power and authority to make transfers and revisions of appropriations within

a budget unit is delegated by the Board to the Executive Director of RCA. All transfers and revisions shall be reported to the Board with quarterly financial reports.


By: _____________________________

Eugene Montanez, Chairman Western Riverside County Regional Conservation Authority

ATTEST: By: ___________________________

Honey Bernas, Clerk Western Riverside County Regional Conservation Authority

AGENDA ITEM NO. 7.4

RESOLUTION NO. 08-010 ADOPTING POLICY

NO. RCA-AM002, A POLICY ESTABLISHING

“CONTROL OVER EQUIPMENT”




RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION

AUTHORITY ADOPTING POLICY NO. RCA-AM002, A POLICY ESTABLISHING “CONTROL OVER EQUIPMENT”


The Authority is responsible for the management and accounting of its equipment. Staff believes it is important to adopt a policy to establish control over and provide procedures for the acquisition, disposal, financial reporting, and inventory of equipment.

The proposed administrative policy establishes procedures and provides guidance in the definition of terms, valuation, identification, acquisition, disposal and inventory certification for the management and accounting of the Authority’s equipment.


That the RCA Board of Directors adopt Resolution No. 08-010, Resolution of the Board of Directors of the Western Riverside County Adopting Policy No. RCA-AM002, A Policy Establishing “Control Over Equipment”.

Attachments:

1) Resolution No. 08-010, Adopting Policy No. RCA-AM002, A Policy Establishing “Control Over Equipment.”

2) Policy No. RCA-AM002

AGENDA ITEM NO. 7.4

ATTACHMENT NO. 1 Resolution No. 08-010

Adopting Policy No. RCA-AM002,

A Policy Establishing “Control Over Equipment”

AGENDA ITEM NO. 7.4

ATTACHMENT 1


RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY

REGIONAL CONSERVATION AUTHORITY ADOPTING POLICY NO. RCA-AM002, CONTROL

OVER EQUIPMENT

WHEREAS, the Western Riverside County Regional Conservation Authority (the “Authority”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement (“Agreement”); and

WHEREAS, the Authority is responsible for the management and accounting of its equipment; and

WHEREAS, the Authority believes it is important to adopt a policy to establish control over and provide procedures for the acquisition, disposal, financial reporting, and inventory of equipment; and

NOW, THEREFORE, BE IT RESOLVED that the Western Riverside County Regional Conservation Authority Board of Directors hereby adopts Policy No. RCA-AM002, a policy establishing “Control Over Equipment,” a copy of which is attached hereto and incorporated herein.

PASSED AND ADOPTED at the regular meeting of the Board of Directors at the Western Riverside County Regional Conservation Authority held this 9th day of June 2008.


ATTEST:


AGENDA ITEM NO. 7.4

ATTACHMENT NO. 2 Policy No. RCA-AM002, A Policy Establishing

“Control Over Equipment”

SECTION: 3 CATEGORY: Asset Management POLICY NO.: RCA-AM002 RESOLUTION NO.:


Page 1 of 4

08-010 APPROVED BY: RCA Board of Directors DATE APPROVED OR REVISED: Pending

AGENDA ITEM NO.: 7.4

SUBJECT: CONTROL OVER EQUIPMENT

PURPOSE: To establish control over and provide procedures for the acquistion, disposal financial reporting, and inventory of equipment.

SCOPE: This policy applies to all RCA contractors and volunteers. These procedures apply to equipment that is to be capitalized and carried on the records as fixed assts. POLICY: The RCA Director of Administrative Services shall be notified within 30 days of each acquisition, betterment, modification, disposal, transfer or change to fixed assets.

PROCEDURES:

Definitions: Equipment: Fixed assets other than land, structures and improvements. Movable personal property of relatively permanent nature (three years or more) and of significant value, such as furniture, machines, tools, computers, research support assets and vehicles. Contractor or Volunteer: Any person holding a regularly compensated position with the RCA, including regular full-time, part-time, temporary, seasonal, or any other classification of contractor, or an individual volunteering to work for the RCA in any capacity. Significant value: Equipment and software valued at $5,000 or more. However, borderline, sensitive, or attractive items of lesser value may be included in order to maintain accounting control. Betterments: Betterments consist of the replacement of a unit of an existing asset by and improved or superior unit, usually resulting in a more productive efficient or longer lived property. Significant betterments are considered fixed assets and are added to the value of property improved. A significant betterment to a unit of equipment is one which results in an improvement of $500 or more of the recorded value of the equipment. The cost of the betterment should be capitalized and added to the value of existing asset. Additions: Additions are new and separate units, or extensions of existing units, and are considered to be fixed assets. As with betterments, the test of significance should be applied.


Page 2 of 4

Alterations: Alterations are changes in the physical structure or arrangement of fixed assets, the cost of which does not qualify as an increase in fixed assets under the definitions of betterments and additions. Alterations shall not be capitalized. Maintenance: Maintenance is defined as expenditures which neither materially add to the value of the equipment nor appreciably prolong its life, but merely keep it in ordinary efficient operating condition. Maintenance costs are not capitalized as equipment.

VALUATION BASIS:

1. Equipment should be accounted for at cost on both the general ledger and subsidiary listing of equipment. In the absence of readily available cost figures and to avoid the extremely time consuming and costly search of old records for original costs of equipment, estimated cost will be assigned to each unit of equipment.

2. Equipment cost includes; purchase price or construction cost, sales tax, use tax,

transportation tax, freight, other carrier charges and installation costs, less trade in allowances and discounts.

3. Equipment donated to RCA will be recorded at its fair market value as of the date of

the gift. Surplus equipment purchased at minimal prices far below market value are, in part, donations and should be so valued.

4. Equipment acquired under capital lease purchase agreements should be capitalized at

either the fair market value (cost before interest) of the equipment or the present value of the minimum lease payments. (This information is available in the lease agreement) The Department Head is responsible to insure title is transferred to RCA.

IDENTIFICATION OF EQUIPMENT:

1. For ease of identification and to expedite the taking of annual physical inventories, a tag showing property of RCA and the assigned unit identification number (fixed asset number), will be placed on every piece of furniture and equipment where it is possible to do so. It is recognized that labeling of some items, such as equipment habitually coated with dirt and grease, and certain medical and laboratory instruments, would not be practical. In such cases, fixed asset numbers should be painted or engraved on the equipment.

2. RCA will assign fixed asset numbers and properly affix these labels to the new

equipment. The RCA will record from requisitions or purchase orders all necessary data for updating inventory listings for equipment purchases. RCA must record serial number on the receiving copy of the purchase order or the receiving copy of the requisition prior to submission for payment. Any change in existing equipment inventory listings will be in accordance with number 4 following.

3. Equipment constructed by other departments is also to be tagged. The constructing

department will notify RCA of the total cost, including labor and material, and the


Page 3 of 4

location of the constructed equipment. RCA will then assign an identification number and will affix the identification label,

4. Betterments: If betterment, as defined under definitions, is acquired, the following

procedure will apply:

a. If the betterment is an addition to an existing piece of equipment, the words “Add to Equipment Number (insert number) ” must be shown on requisition and purchase order by which the item is acquired.

b. If the betterment is a replacement of a component of an existing piece of

equipment, procedure above is to apply and the following additional information added to the requisition and purchase order. “Delete $___________ (value of replaced component) from cost of original equipment.”

ACQUISITIONS:

For acquisitions of equipment, a fixed asset number will be assigned and each item of equipment will be entered into the Asset Module.

DISPOSAL OF FIXED ASSETS:

1. Stolen: A fixed asset that is stolen should be reported to the police and a police report

obtained. RCA must provide a copy of the police report to the RCA Board and request a discharge of accountability if the current market value is $5,000 or more. If the current market value is less than $5,000, the Executive Director may request the Auditor-Controller to remove the item from the Asset Module.

2. Lost: When, after a sufficient and thorough investigation, a fixed asset is determined

to be lost, RCA should request a discharge of accountability from the Board if the current market value is $5,000 or more. If the current market value is less than $5,000, the Executive Director may request the Auditor-Controller to remove the item from the Asset Module.

3. Trade-In: Fixed assets may be traded in for new fixed assets of a similar type upon

approval by the Board. The purchase order for the new fixed asset should be noted to show fixed asset number, description and, if available, the serial number of the fixed asset traded in.

4. Salvage: All fixed assets to be salvaged with a current market value of $5,000 or

more must be approved by the Board. All other fixed assets can be declared surplus by the Executive Director.


Page 4 of 4

INVENTORY CERTIFICATION:

A physical inventory of RCA equipment shall be completed and reconciled to the RCA General Ledger annually at fiscal year-end. The RCA Executive Director, or his designee, will annually certify a completed inventory listing.

AGENDA ITEM NO. 7.5

MEMORANDUM OF UNDERSTANDING BETWEEN

THE BUREAU OF LAND MANAGEMENT AND THE RCA FOR PARTICIPATION IN THE SOUTH COAST RESOURCE

MANAGEMENT PLAN REVISION



MEMORANDUM OF UNDERSTANDING

BETWEEN THE BUREAU OF LAND MANAGEMENT AND THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION

AUTHORITY FOR PARTICIPATION IN THE SOUTH COAST RESOURCE MANAGEMENT PLAN REVISION

Staff Contact: Ken Graff, Director of Land Acquisition and Prop. Mgt. (951) 955-8805 Background:

Since completion of the Bureau of Land Management South Coast Resource Management Plan (RMP) in 1994, new circumstances have prompted the need for revision to the Plan. Since the RMP includes federally managed BLM properties that are counted toward reserve assembly in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the RCA is a stakeholder in the RMP and has requested that it formally be able to directly participate in the revision process. At the request of the RCA, the BLM has provided a MOU for the RCA to participate in the RMP process. Participation and the role of the RCA representative are described in Section D.2 of the MOU, which is attached with this staff report. The Executive Director, or his designee, will participate in RMP discussions providing active RCA participation in the revision process. It is not anticipated that there will be any cost to the RCA for participation in this process, as these activities are administrative in nature and within the normal course of Management and Monitoring Department staff activities.

Executive Committee and Staff Recommendations:

That the RCA Board of Directors:

1) Approve the MOU between the RCA and BLM for RCA participation in the RMP revision process; and

2) Authorize the Chairman, pursuant to Legal Counsel review, to execute the MOU on behalf of the Authority.

Attachment: Memorandum of Understanding between the Bureau of Land Management and the Western Riverside County Regional Conservation Authority for Participation in the South Coast Resource Management Plan Revision

AGENDA ITEM NO. 7.5

ATTACHMENT 1 Memorandum of Understanding

Between the BLM and RCA For Participation in the South Coast Resource

Management Plan Revision

AGENDA ITEM 7.5 ATTACHMENT 1

RCA AGREEMENT NO. 09002 BLM MOU No. CA-660-08-_____

MEMORANDUM OF UNDERSTANDING

BETWEEN WESTERN RIVERSIDE COUNTY

REGIONAL CONSERVATION AUTHORITY AND

BUREAU OF LAND MANAGEMENT UNITED STATES DEPARTMENT OF THE INTERIOR

REGARDING THE SOUTH COAST

RESOURCE MANAGEMENT PLAN REVISION A. PARTIES AND PURPOSE This Memorandum of Understanding (MOU) is entered into by and between the Western Riverside County Regional Conservation Authority (hereinafter referred to as the “RCA”) and the United States Department of the Interior Bureau of Land Management (hereinafter referred to as the “BLM”) to maximize coordination and achieve consistency where practical in the development of a revision for the South Coast Resource Management Plan (RMP) that includes public lands in portions of five Southern California counties. B. INTRODUCTION AND BACKGROUND

1. Resource Management Plan Revision

The Bureau of Land Management (BLM) proposes to revise the South Coast Resource Management Plan (RMP) which provides guidance for the management of approximately 300,000 acres of BLM administered public lands in Southern California. The planning area encompass over 300 parcels of public land totaling 130,000 acres and an additional 167,000 acres of non-federal surface with federal mineral estate scattered throughout Los Angeles, Orange, southwestern San Bernardino, western Riverside, and western San Diego Counties. To facilitate planning and subsequent management, the South Coast Planning Area is divided into four management areas: 1) the San Diego County Management Area, 2) the Riverside-San Bernardino County Management Area, 3) the Beauty Mountain Management Area, and 4) the Los Angeles-Orange County Management Area. The boundaries of the South Coast Resource Area have not changed since the original RMP was completed in 1994 and the planning area will remain the same for this proposed plan revision. Since completion of the South Coast RMP in 1994, new circumstances have prompted the need for a revision to the plan. These circumstances include

continued and accelerating population growth and urban development in Southern California, the creation of multi-jurisdictional habitat conservation plans in San Diego and Riverside Counties, designation of the Otay Mountain Wilderness, land acquisitions to support habitat conservation by the BLM and other agencies, and the changing needs and interests of the public. Important actions required under BLM policy and planning requirements include land use allocations and designations of areas requiring special management. Examples of these allocations and designations would be Areas of Critical Environmental Concern (ACEC), Special Recreation Management Areas, Off Highway Vehicle (OHV) management areas, utility corridors, grazing allotments, wildlife management areas, and land disposal categories. The BLM must consider a wide range of alternatives in the development of the RMP revision and must comply with the provisions of the National Environmental Policy Act (NEPA) and the Federal Land Policy and Management Act of 1976 (FLPMA), and all amendatory acts and implementing regulations in the development of the RMP and the environmental impact statement (EIS) .

2. Western Riverside County Regional Conservation Authority

The Western Riverside County Regional Conservation Authority (RCA) was created as 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 Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and to implement the MSHCP. This MSHCP is one of the most complex habitat conservation plans ever attempted. It preserves and protects 146 species by acquiring lands for a habitat reserve system. The permit for the MSHCP has a life of 75 years and guides future growth within the County of Riverside and provides open space for habitat and recreation. The MSHCP encompasses over 100 parcels of BLM administered public lands of approximately 40,000 acres, and an additional 35,000 acres of BLM split estate lands with federal minerals. Cooperative management of these BLM administered public lands and minerals is essential to the success of the Western Riverside MSHCP.

C. AUTHORITIES 1. BLM Authority a. The Federal Land Policy and Management Act of 1976, Section 307(b)

provides that the Secretary of the Interior may undertake programs of resource management through cooperative agreements.

b. The National Environmental Policy Act of 1969, Sections 1501.6, 1506.2, and

1508.5 encourages, authorizes, describes, and defines the use of “cooperating agencies” in the development of environmental documents under this act.

2. RCA Authority

a. The Western Riverside County RCA was established in 2004 as a Joint Powers Authority (JPA) consisting of 14 cities and the county, charged with administering the 2003 Western Riverside County MSHCP.

b. The RCA on January 28, 2008, expressed its desire to serve as a

Cooperating Agency for the development of the South Coast RMP revision and designated a representative to serve on the interdisciplinary planning team.

D. PRINCIPLES OF AGREEMENT 1. BLM Agrees To: a. Serve as the Lead Agency for the plan.

b. Assume responsibilities for public participation activities.

c. Convene an interdisciplinary team (ID Team) as required under NEPA and

provide primary members of the planning team to develop the RMP and analyze impacts.

d. Provide opportunity for a RCA representative to serve on the ID Team.

e. Ensure the RCA is informed of ID Team meetings, assignments, and

deadlines related to preparation of the RMP.

f. Make available to the RCA information to be used in preparation of the plan, subject to any non-disclosure provisions as required by statute.

g. Discuss with the RCA requirements of Federal and State statute that must be

followed which may result in inconsistencies with any RCA resource plans or other planning documents.

h. Retain authority for approval and signature of the Record of Decision after

conclusion of the RMP/EIS process. The BLM cannot delegate this decision authority to others.

2. RCA Agrees To: a. Be a cooperating agency subject to NEPA Parts 1501.6, 1506.2, and 1508.5.

b. Assign a representative to serve as the liaison for the RCA in the RMP effort.

This representative shall:

(1) Participate as a full member of the ID Team consistent with the representative’s other responsibilities to the RCA.

(2) Attend scheduled ID Team meetings.

(3) Submit written assignments as required within specified deadlines and in

proper format.

(4) Keep the RCA apprised of RMP efforts and direction as plan is developed.

(5) Provide specific expertise and input on RCA planning and resource

management issues and concerns applicable to the South Coast RMP revision and EIS development.

(6) Discuss with the ID Team during the development of plan alternatives

any apparent inconsistencies between policies, plans, and/or programs of the RCA with those of the BLM and inform the RCA of required inconsistencies.

c. Notify the BLM, in writing, of apparent inconsistencies during the Draft RMP

comment period.

d. Participate with the understanding that BLM will not be supplying funds to the RCA for this activity.

E. COMPONENTS OF THE PROJECT 1. Scoping. The public as well as Federal, State, Tribal, and local governments will

be invited to identify issues and concerns and comment on planning criteria and other pertinent items as part of the scoping process to initiate the planning process.

2. The RMP. A Draft RMP will be prepared and released for public comment and

review. Development of the Draft RMP includes compiling information and data on the public lands, preparing an Analysis of the Management Situation (which includes information on the existing environment, conditions, trends, and management opportunities), and presenting alternatives for public review and comment.

3. The EIS. An Environmental Impact Statement will be prepared concurrently with

the Draft RMP and Proposed RMP to satisfy all requirements under NEPA and the implementing regulations. The EIS will analyze and disclose the impacts of the alternatives described in the Draft RMP and the subsequent management described in the Proposed RMP.

4. Decision Process. Approval of the Proposed RMP will result in a Record of Decision (ROD) recommended by the Palm Springs-South Coast Field Manager and signed by the BLM California State Director. BLM retains the sole decision-making authority for the public lands and resources it administers.

5. Implementation and Monitoring. Implementation of the plan will begin upon

signature of the ROD. Some decisions require immediate action, others will be implemented during the life of the plan, and others only require action if a particular activity is initiated. An Implementation Plan will be prepared to serve as a link to BLM’s budgeting process. The plan and associated decisions will be monitored on an on-going basis to determine the effectiveness of the RMP and the need for revision or amendment.

F. SCHEDULE

1. RCA and BLM agree that the time for preparation of the RMP/EIS is limited. The proposed RMP schedule is attached in Appendix A.

2. Each party agrees that it will work within the attached schedule to the best of its

ability and meet deadlines as identified throughout the planning process. G. OTHER PROVISIONS

1. Limits of Authority and Funding. Nothing in this agreement will be construed as limiting or affecting in any way the authority or legal responsibility of the RCA or BLM. Nothing in this agreement binds the RCA or BLM to perform beyond the respective authority of each. Nothing in this agreement requires any party to assume or expend any sum in excess of appropriations available. BLM retains the sole decision-making authority for public lands and resources it administers.

2. Amendment of Agreement. Amendments or supplements to this MOU may be

proposed by any of the parties and shall become effective upon written approval of all parties.

3. Termination of Agreement. The MOU may be terminated by any of the parties

thirty (30) days after notice in writing to the others of the intention to do so.

4. Effective Date of Agreement. This MOU shall become effective as soon as signed by all of the parties. It shall continue in force until the Record of Decision for this RMP/EIS is signed by the BLM State Director.

H. APPROVALS IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of Understanding on this _____ day of _________, 2008. _______ ___________________________ Eugene Montanez, Chairman Date Western Riverside County Regional Conservation Authority ATTEST: By: _____________________________ Honey Bernas, Clerk Western Riverside County

Regional Conservation Authority ___ ________ _____ ________________ John R. Kalish, Field Manager Date Palm Springs-South Coast Field Office Bureau of Land Management

APPENDIX A

Plan Preparation Schedule MILESTONES

START DATE

END DATE

Publish Notice of Intent in the Federal Register

Aug. 7, 2007

Analyze mgmt. situation, data gathering, resource analysis, and development of GIS data base

May 2007

Ongoing

Public scoping meetings

Dec. 2007

Prepare and submit Scoping Report

Dec. 2007

Mar. 2008

Hire consultant for VRM, Socio/econ, and cultural

Aug. 2007

Consultant to prepare VRM inventory, socio/econ, air, and cultural analysis

Oct. 2007

July 2008

Prepare alternatives

Jan. 2008

Mar. 2008

Initiate consultation with the USFWS

Feb. 2008

Prepare Admin draft EIS

March 2008

July 2008

Admin Draft RMP/EIS available for review

Aug. 2008

Internal review and revisions of administrative draft RMP/EIS and draft biological assessment

Aug. 2008

Nov. 2008

Publish draft revisions and draft EIS for 90-day public comment period

Dec. 1, 2008

Feb. 28, 2009

Incorporate public comments into Plan/EIS; Internal review and revisions of administrative Proposed Plan/ Final EIS

March 1, 2009

May 30, 2009

Publish Proposed SCRMP Revision and FEIS

June 1, 2009

Governor’s Consistency review (60-days)

June 1, 2009

July 30, 2009

Protest period (30 days) in accordance with 43 CFR 1610.5-2

June 1, 2009

June 30, 2009

Protest resolution period (90 days)

June 30, 2009

Sept 30, 2009

Record of Decision

Oct. 1, 2009

AGENDA ITEM NO. 7.6

LEASE AGREEMENT BETWEEN THE RCA

AND THE COUNTY OF RIVERSIDE FACILITIES

MANAGEMENT DEPARTMENT TO LEASE OFFICE SPACE AT

3403 TENTH STREET, SUITE 320, RIVERSIDE, CA



LEASE AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNTY

REGIONAL CONSERVATION AUTHORITY AND THE COUNTY OF RIVERSIDE FACILITIES MANAGEMENT DEPARTMENT TO LEASE OFFICE

SPACE AT 3403 TENTH STREET, SUITE 320, RIVERSIDE, CALIFORNIA


Over the past few months, staff has kept the Executive Committee informed on our progress in securing new office space for the RCA. Office space is available at 3403 Tenth Street, Suite 320, Riverside, and staff has been negotiating a lease agreement with the County of Riverside Facilities Management Department. The office space consists of approximately 6,299 square feet at a rate of $2.50 per square foot.

At the May 21, 2008 meeting of the Executive Committee, staff reported that the County was proposing a five-year lease and two one-year extension options. Given the expenses associated with the move, including renovation of the office space, staff was of the opinion that five-year extension options would better serve the Authority’s interest. The Executive Committee agreed and directed staff to negotiate and pursue renewal option terms beneficial to the RCA. The proposed lease agreement before the RCA Board proposes a ten-year lease with two five-year mutual agreement extension options.

In order for the tenant improvements to be completed on time for an August move date, the County has requested that the lease agreement be approved by the RCA Board of Directors at their June 9, 2008 meeting.


That the RCA Board of Directors: 1) Approve the negotiated Lease Agreement between the RCA and the County of Riverside

Facilities Management Department to Lease Office Space at 3403 10th Street, Suite 320, Riverside, California; and

2) Authorize the Executive Director, pursuant to Legal Counsel review and approval, to execute

the Lease Agreement on behalf of the Authority.

AGENDA ITEM NO. 7.6

ATTACHMENT 1 Lease Agreement

To Lease Office Space at 3403 Tenth Street, Suite 320,

Riverside, CA

1 of 11

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

REVENUE LEASE

COUNTY OF RIVERSIDE and WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY

3403 Tenth Street, Suite 320, Riverside, California The COUNTY OF RIVERSIDE, herein called “County”, leases to WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY, herein called “Lessee”. 1. Recitals. (a) Lessee desires to lease County's building situated at 3403 Tenth Street, Suite 320, Riverside, California, for the purposes of providing office space.

(b) Pursuant to Section 26227 of the Government Code, the Board of Supervisors of County deems that the services to be provided by Lessee are necessary to meet the needs of the residents of County and is willing to contribute thereto by leasing said building to Lessee.

2. Description. The premises leased hereby consist of approximately 6,299 square feet located at 3403 Tenth Street, Suite 320, Riverside, California, and consist of a building (or portion thereof) as more particularly shown on Exhibit "A", attached hereto and by this reference made a part of this Revenue Lease.

3. Use.

(a) The premises are leased hereby for the purpose of providing

office space.

(b) The leased premises shall not be used for any other purpose without first obtaining the written consent of County, which consent shall not be unreasonably withheld.

(c) Lessee shall have the exclusive use of the leased premises.

4. Term. This Revenue Lease shall be for a period of ten (10) years,

effective upon the date which Lessee can take useful occupancy. 5. Options to Extend.

(a) County grants to Lessee two (2) option(s) to extend the Revenue

Lease term upon mutual consent of both the Lessee and Lessor. Each extension option shall be for a period of five (5) years, subject to the conditions described in this Paragraph 5.

RVPUB\WSIMMONS\748471.4

2 of 11

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

(b) The Option(s) shall be exercised by Lessee delivering to County written notice thereof no later than ninety (90) days prior to the expiration of the original term of the Revenue Lease.

(c) The monthly rent payable by Lessee during any extended term

under the Option(s) shall be increased each year on the annual anniversary of the Revenue Lease by an amount equal to three (3%) percent of monthly rental.

6. Rent.

(a) Lessee shall pay the sum of $15,747.50 per month to County as

rent for the leased premises, payable, in advance, on the first day of the month, provided, however, in the event rent for any period during the term hereof which is for less than one full calendar month said rent shall be pro-rated based upon the actual number of days of said month. (b) Notwithstanding the provisions of Paragraph 6(a) herein, the monthly rent shall be increased each year on each annual anniversary of the Revenue Lease by an amount equal to three (3%) percent of such monthly rental. 7. Improvements by County. Improvements shall be completed as outlined on Exhibit “B”, attached hereto, and by this reference made a part of this Agreement, ninety (90) days from County’s approval of this Agreement at a cost not to exceed $83,027.00. County shall provide Lessee with an itemized statement of the cost of tenant improvements within thirty (30) days after acceptance of the leased premises. Upon receipt of the itemized statement, Lessee shall pay said $83,027.00 or the reduced adjustment amount to County within thirty (30) days.

8. On-Site Improvements by Lessee.

(a) Any alterations, improvements or installation of fixtures to be undertaken by Lessee shall have the prior written consent of County after Lessee has submitted proposed plans for such alterations, improvements or fixtures to County in writing.

(b) All alterations and improvements to be made, and fixtures

installed, or caused to be made and installed, by Lessee shall become the property of County with the exception of trade fixtures as such term is used in Section 1019 of the Civil Code. At or prior to the expiration of this Revenue Lease, Lessee may remove such trade fixtures; provided, however, that such removal does not cause injury or damage to the leased premises, or in the event it does, Lessee shall restore the premises to their original shape and condition as nearly as practicable. In the event such trade fixtures are not removed, County may, at its election, either: (1) remove and store such fixtures and restore the premises for the account of Lessee, and in such event, Lessee shall within thirty (30) days after billing and accounting therefore reimburse County for the costs so incurred, or (2) take and hold such fixtures as its sole property.


3 of 11

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

9. Signs. Lessee shall not erect, maintain or display any signs or other forms of advertising upon the leased premises without first obtaining the written approval of County, which approval shall not be unreasonably withheld.

10. Utilities.

(a) County shall provide and pay for all utilities.

(b) Lessee shall provide and pay for all telephone services.

11. Maintenance.

(a) County shall be responsible for all maintenance of the leased

premises.

(b) County shall be responsible for providing routine monitoring and maintenance of the fire alarm system, fire extinguishers, and the fire sprinkler system, if applicable.

(c) County shall maintain the mechanical room and other major equipment connected to this facility. Lessee shall provide an escort to the County maintenance person or persons for this service.

(d) In the event any damage or injury to the leased premises is caused by the negligent or willful acts of Lessee, its officers, employees, clients, agents, guests, invitees, subcontractors or independent contractors, County must give written notice of such damage to Lessee and a 20 day opportunity to cure. If no cure has been effectuated within that 20-day period, County may thereafter repair or cause to be repaired such damage as necessary to restore the leased premises, at Lessee’s sole cost and expense. County shall be entitled to reimbursement by Lessee for such costs of repair within forty-five (45) days of a billing and accounting thereof in writing.

12. Custodial Services. County shall provide, or cause to be provided, and pay for all custodial services in connection with the leased premises.

13. Inspection of Premises. County, through its duly authorized agents, upon 24 hours notice shall have the right to enter the leased premises for the purpose of inspecting, monitoring, and evaluating the obligations of Lessee hereunder and for the purpose of doing any and all things which it is obligated and has a right to do under this Revenue Lease.

14. Quiet Enjoyment. Lessee shall have, hold and quietly enjoy the use of the leased premises so long as it shall fully and faithfully perform the terms and conditions that it is required to do under this Revenue Lease.


4 of 11

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

15. Compliance. (a) Lessee shall, at Lessee's sole cost and expense, comply with the

requirements of all local, state and federal statutes, regulations, rules, ordinances and orders now in force or which may be hereafter in force, pertaining to the leased premises. The final judgment, decree or order of any court of competent jurisdiction, or the admission of Lessee in any action or proceedings against Lessee, whether Lessee be a party thereto or not, that Lessee has violated any such statutes, regulations, rules, ordinances or orders, in the use of the leased premises, shall be conclusive of that fact as between County and Lessee.

(b) County warrants that, to the best of its knowledge and except as

disclosed to Lessee in this Lease, the Project and the improvements thereon, including the premises, will on the commencement of the Revenue Lease comply with all applicable State and Federal laws, covenants or restrictions of record, building codes, regulations and ordinances (“Applicable Requirements”). If the premises do not comply with said warranty, County shall, promptly after receipt of written notice from Lessee, or any governmental agency having jurisdiction over such matters, setting forth the nature and extent of such non-compliance, rectify the same at County’s expense. If the Applicable Requirements are hereinafter changed so as to require during the term of this Revenue Lease the construction of an addition to or alteration of the premises, unless same is the result of the use to which Lessee puts the premises, the remediation of any Hazardous Substance as hereinafter defined, or the reinforcement or other physical modification of the premises, County shall, promptly after receipt of such written notice from Lessee or aforementioned governmental agency, rectify the same at County’s expense.

(c) County warrants and represents the premises shall be readily

accessible to and usable by individuals with disabilities in compliance with Title III of the Americans with Disabilities Act of 1990 (“ADA”) as amended from time to time and regulations issued pursuant thereto and in effect. Any cost incurred to cause the premises to comply with said Act shall be born by County. Notwithstanding the preceding sentence, nothing herein or elsewhere in this Revenue Lease is intended or shall be construed to require County to construct, install, maintain or repair the premises for the purpose of making “reasonable accommodation” for particular employees of Lessee if and as may be required by law, which accommodation shall be the sole responsibility of Lessee.

(d) County shall be responsible for compliance with all Federal, State

or local laws, regulations or permits pertaining to storm water pollution prevent plans (“SWPPP”) and all National Pollution Discharge Elimination System (“NPDES”) laws or regulations adopted or to be adopted by the United States Environmental Protection Agency.


5 of 11

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

16. Termination by County. County shall have the right to terminate this Revenue Lease forthwith:

(a) In the event a petition is filed for voluntary or involuntary bankruptcy for the adjudication of Lessee as debtors.

(b) In the event that Lessee makes a general assignment, or Lessee's interest hereunder is assigned involuntarily or by operation of law, for the benefit of creditors.

(c) In the event of abandonment of the leased premises by Lessee.

(d) In the event Lessee fails or refuses to perform, keep or observe any of Lessee's duties or obligations hereunder; provided, however, that Lessee shall have thirty (30) days in which to correct Lessee's breach or default after written notice thereof has been served on Lessee by County.

17. Termination by Lessee. Lessee shall have the right to terminate this Revenue Lease:

(a) In the event County fails to perform, keep or observe any of its duties or obligations hereunder; provided, however, that County shall have thirty (30) days in which to correct its breach or default after written notice thereof has been served on it by Lessee; provided, further, however, that in the event such breach or default is not corrected, Lessee may elect to terminate this Revenue Lease in its entirety or as to any portion of the premises affected thereby, and such election shall be given by an additional fifteen (15) days written notice to County.

(b) Without cause upon sixty (60) days’ written notice served upon

the County.

18. Insurance. Lessee shall during the term of this Revenue Lease procure at its sole cost and expense and keep in full force and effect from the commencement date of this Revenue Lease continuing until the end of the term of the Revenue Lease the following insurance provisions:

(a) Workers’ Compensation. Procure and maintain Workers'

Compensation Insurance as prescribed by the laws of the State of California. (b) Comprehensive General Liability. Procure and maintain

Comprehensive Broad Form General Liability insurance coverage that shall protect Lessee from claims including, but not limited to, damages for premises liability, contractual liability, personal and advertising injury (broad form) which may arise from or out of Lessee's operation use and management of the leased premises and grounds or the performance of its obligations hereunder, whether such operations, use or performance be by Lessee, by any subcontractor, vendor, or by anyone employed


6 of 11

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

directly or indirectly by either of them or volunteers serving either of them. Such insurance shall name County of Riverside, its Directors, Officers, Special Districts, Board of Supervisors, employees, agents or representatives as additional insureds with respect to this Revenue Lease and the obligations hereunder with limits not less than $1,000,000 per occurrence combined single limit. Policy shall provide for $5,000 in medical payments coverage per occurrence, and fire legal liability in an amount not less than $50,000 per occurrence.

(d) All Risk Real and Personal Property.

(1) The leased premises will continue to remain insured by the County Property Program at no additional cost to Lessee. The County of Riverside shall continue to be responsible for all risk, earthquake and flood deductibles.

(2) The leased premises will continue to remain insured by the County Boiler and Machinery Program. The County of Riverside shall continue to be responsible for any and all deductibles relating to Boiler and Machinery insurance coverage.

(e) General Insurance Provisions.

(1) The County acknowledges and accepts that Lessee procures insurance from the Special District Risk Management Authority (“SDRMA”).

(2) Cause SDRMA to furnish the County of Riverside with either (1) properly executed original Certificate(s) of Insurance and certified original copies of endorsements effecting coverage as required herein, or (2) if requested to do so, in writing, by County Risk Manager, provide original Certified copies of policies including all endorsements and any and all attachments thereto, showing that such insurance is in full force and effect, and County of Riverside, its Directors, Officers, Special Districts, Board of Supervisors, elected officials, employees, agents or representatives are named as additional insureds with respect to this Revenue Lease and the obligations of Lessee hereunder. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days’ written notice shall be given to the County of Riverside prior to any modification, cancellation, expiration or reduction in coverage of such insurance. In the event of any such modification, cancellation, expiration or reduction in coverage and on the effective date thereof, this Revenue Lease shall terminate forthwith, unless the County of Riverside receives prior to such effective date another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. Lessee shall not take possession or otherwise use the leased premises until the County of Riverside has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.


7 of 11

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

(3) It is understood and agreed to by the parties hereto, and

SDRMA, Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary and County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

19 Hold Harmless.

(a) Lessee represents that it has inspected the leased premises, accepts the condition thereof and fully assumes any and all risks incidental to the use thereof.

(b) Each Party (the “Responsible Party”) shall indemnify, defend, and hold harmless the other Party, its officers, agents, employees and independent contractors from any liability whatsoever arising out of the Responsible Party’s operations or the premises, including but not limited to (1) any act or omission of the Responsible Party, its officers, agents, employees, subcontractors and independent contractors, invitee, guest, or licensee about the premises, including for property damage, bodily injury, or death or any other element of damage of any kind or nature, relating to or in anyway connected with or arising from its responsibilities in connection therewith of the leased premises or condition thereof; (2) any alterations, activities, work, or things done, omitted, permitted, allowed, or suffered by the Responsible Party in, at, or about the premises, including the violation of or failure to comply with any applicable laws, statutes, ordinances, standards, rules, regulations, orders, decrees, or judgments in existence on the date of commencement of this Revenue Lease; or (3) any breach or default in performance of any obligation on the Responsible Party’s part to be performed under this Revenue Lease, and the Responsible Party shall defend, at its sole expense, including without limitation, attorney fees, expert fees and investigation fees, the other Party, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The obligations to indemnify and hold the other Party free and harmless herein shall survive until any and all claims, actions and causes of action with respect to any and all such alleged acts or omissions are fully and finally barred by the applicable statute of limitations. Notwithstanding the above, no indemnification pursuant to this section shall be required if the claim arises out of the other Party's acts that were the result of the other Party's gross negligence or willful misconduct.

(c) The specified insurance limits required in Paragraph 17 above

shall in no way limit or circumscribe Lessee's obligations to indemnify and hold County free and harmless herein.

20. Assignment. Lessee cannot assign, sublet, mortgage, hypothecate or otherwise transfer in any manner any of its rights, duties or obligations hereunder to any person or entity without the written consent of County being first obtained, which consent shall be in the absolute discretion of County. In the event of any such transfer, as provided in this Paragraph, Lessee expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties contained in this Revenue Lease.


8 of 11

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

21. Hazardous Substance. “Hazardous Substance” shall be defined as any

product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials, is either (a) potentially injurious to the public health, safety, or welfare, the environment, or the premises; (b) regulated or monitored by any governmental authority; or (c) a basis for potential liability of Lessee to any governmental agency or third party under any applicable statute or common law theory. During the term of the Revenue Lease and any extensions thereof, Lessee shall not violate any federal, state or local law, ordinance or regulation, relating to industrial hygiene or to the environmental condition on, under or about the leased premises, including, but not limited to, soil and groundwater conditions. Further, Lessee, its successors, assigns and sublessees, shall not use, generate, manufacture, produce, store or dispose of on, under or about the leased premises or transport to or from the leased premises any flammable explosives, asbestos, radioactive materials, hazardous wastes, toxic substances or related injurious materials, whether injurious by themselves or in combination with other materials (collectively, "hazardous substances", "hazardous materials" or "toxic substances") in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq; and those substances defined as "Hazardous Wastes" in Section 25117 of the California Health and Safety Code or as "Hazardous Substances" in Section 25316 of the California Health and Safety Code; and in the regulations adopted in publications promulgated pursuant to said laws. County acknowledges that Lessee’s use may from time to time require the presence of Hazardous Substances at the premises, consisting of ordinary and general office supplies typically used in the ordinary course of business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials. Lessee agrees that, except for said supplies which may contain Hazardous Substances, Lessee shall not cause or permit any Hazardous Substances to be brought upon, stored, used or disposed of on, in, under or about the premises or surrounding area without the prior consent of County, which consent County may withhold in its sole and absolute discretion. Lessee agrees that all such Hazardous Substances located in, at or on the premises shall be used, stored, handled, treated, transported and disposed of in compliance with all applicable laws. County warrants and represents the premises that are the subject of this Revenue Lease have been and shall be constructed, operated and maintained free of hazards from asbestos. County further warrants and represents to Lessee that County has not used, discharged, dumped, spilled or stored any Hazardous Substances on or about the premises that are the subject of this Revenue Lease, whether accidentally or intentionally, legally or illegally, and has received no notice of such occurrence and has no knowledge that any such condition exists at the premises. If any claim is ever made against Lessee relating to Hazardous Substances present at or around the premises, whether or not such substances are present as of the date of this Revenue Lease, or any such Hazardous Substances are hereafter discovered at the premises


9 of 11

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

(unless introduced by Lessee, its agents or employees), all costs of removal incurred by, liability imposed upon, or damages suffered by Lessee because of the same shall by borne by County, and County hereby indemnifies and agrees to be responsible for and defend and hold Lessee harmless from and against all such costs, losses, liabilities and damages, including, without limitation, all third-party claims (including sums paid in settlement thereof, with or without legal proceedings) for personal injury or property damage and other claims, actions, administrative proceedings, judgments, compensatory and punitive damages, lost profits, penalties, fines, costs, losses, attorneys’ fees and expenses (through all levels of proceedings), consultants or experts fees and costs incurred in enforcing this indemnity. The representation, warranty and indemnity of County described in this Paragraph 21 shall survive the termination or expiration of this Revenue Lease.

22. Free From Liens. Lessee shall pay, when due, all sums of money that may become due for any labor, services, material, supplies, or equipment, alleged to have been furnished or to be furnished to Lessee, in, upon, or about the leased premises, and which may be secured by a mechanic's, material man’s or other lien against the leased premises or County's interest therein, and will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by such lien matures or becomes due; provided, however, that if Lessee desires to contest any such lien, it may do so, but notwithstanding any such contest, if such lien shall be reduced to final enforcement thereof is not promptly stayed, or if so stayed, and said stay thereafter expires, then and in such event, Lessee shall forthwith pay and discharge said judgment.

23. Employees and Agents of Lessee. It is understood and agreed that all persons hired or engaged by Lessee shall be considered to be employees or agents only of Lessee and not of County.

24. Binding on Successors. Lessee, its assigns and successors in interest, shall be bound by all the terms and conditions contained in this Revenue Lease, and all the parties thereto shall be jointly and severally liable hereunder.

25. Waiver of Performance. No waiver by County at any time of any of the terms and conditions of this Revenue Lease shall be deemed or construed as a waiver at any time thereafter of the same or of any other terms or conditions contained herein or of the strict and timely performance of such terms and conditions.

26. Severability. The invalidity of any provision in this Revenue Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

27. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Revenue Lease shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.


10 of 11

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

28. Attorneys’ Fees. In the event of any litigation or arbitration between Lessee and County to enforce any of the provisions of this Revenue Lease or any right of either party hereto, the unsuccessful party to such litigation or arbitration agrees to pay to the successful party all costs and expenses, including reasonable attorneys’ fees, incurred therein by the successful party, all of which shall be included in and as a part of the judgment or award in such litigation or arbitration.

29. Notices. Any notice required or desired to be served by either party

upon the other shall be addressed to the respective parties as set forth below: County: Lessee: County of Riverside Western Riverside County Department of Facilities Management Regional Conservation Authority 3133 Mission Inn Avenue 3403 Tenth Street, Suite 320 Riverside, California 92507-4199 Riverside, California 92501

or to such other addresses as from time to time shall be designated by the respective parties.

30. Permits, Licenses and Taxes. Lessee shall secure and maintain, at its expense, all necessary permits and licenses as it may be required to obtain and/or hold, and Lessee shall pay for all fees and taxes levied or required by any authorized public entity. Lessee recognizes and understands that this Revenue Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest.

31. Paragraph Headings. The paragraph headings herein are for the 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 Revenue Lease.

32. County's Representative. County hereby appoints the Director of Department of Facilities Management as its authorized representative to administer this Revenue Lease.

33. Agent for Service of Process. It is expressly understood and agreed that in the event Lessee is not a resident of the State of California or it is an association or partnership without a member or partner resident of the State of California, or it is a foreign corporation, then in any such event, Lessee shall file with County's Director of Facilities Management, upon its execution hereof, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of services of process in any court action arising out of or based upon this Revenue Lease, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Lessee. It is further expressly understood and agreed that if for any reason service of such process upon such agent is not feasible, then, in such event, Lessee may be


11 of 11

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

personally served with such process out of this County and that such service shall constitute valid service upon Lessee. It is further expressly understood and agreed that Lessee is amenable to the process so served, submits to the jurisdiction of the court so obtained and waives any and all objections and protests thereto.

34. Entire Revenue Lease. This Revenue Lease is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous leases, agreements and understandings, oral or written, in connection therewith. The Revenue Lease may be changed or modified only upon the written consent of the parties hereto.

35. Director of Facilities Management Authority. The authority for the

Director of Department of Facilities Management to execute this Revenue Lease in contained in Resolution No. 97-252.

36. Approval. This Revenue Lease shall not be binding or consummated

until its approval by the Director of Facilities Management. Dated: _____________________

COUNTY OF RIVERSIDE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY

By: _____________________________ By: ___________________________ Director of the Department of Charles V. Landry Facilities Management Executive Director

Attest: Attest: Nancy Romero

By: ____________________________

By: Honey Bernas Deputy Clerk of the Board Approved as to Form: Approved as to Form: Joe S. Rank County Counsel

By: By: ____________________________ Gordon V. Woo Best Best & Krieger LLP Deputy County Counsel RCA General Counsel


AGENDA ITEM NO. 7.7

FISCAL YEAR 2007-08 THIRD QUARTER

FINANCIAL REPORT



FISCAL YEAR 2007-08 THIRD QUARTER FINANCIAL REPORT

Staff Contact: Honey Bernas, Director of Administrative Services (951) 955-2842

Background:

Attached is the Fiscal Year 2007-08 Third Quarter Financial Report, which includes an Executive Summary (cash balance summary and financial statement overview), detailed financial statements, MSHCP Fee Collections Reports.

Executive Committee and Staff Recommendation: That the RCA Board of Directors receive and file the Fiscal Year 2007-08 Third Quarter Financial Report.

Attachments:

1. Executive Summary (Cash Balance Summary and Financial Statement Overview) 2. Detailed Financial Statements 3. MSHCP Fee Collection Reports

AGENDA ITEM NO. 7.7

ATTACHMENT 1 Executive Summary Fiscal Year 2007-08

Third Quarter Financial Report


EXECUTIVE SUMMARY

FISCAL YEAR 2007-08 THIRD QUARTER FINANCIAL STATEMENT JULY 1, 2007 – MARCH 31, 2008

CASH BALANCE SUMMARY Rounded to the Nearest Hundred Thousand

Balance as of 07-01-07 $ 32,100,000 Prior Year A/R Collected $ 2,600,000 Income 07-01-07 through 3-31-08 $ 11,300,000 Cash Available $ 46,000,000 Prior Year A/P Paid $ (800,000) Expenditures 07-01-07 through 3-31-08

$ (22,700,000)

Increase to Mgmt & Monitoring Subfunds $ 300,000 Balance as of 3-31-08 $ 22,800,000

FISCAL YEAR 2007-08 THIRD QUARTER FINANCIAL STATEMENT JULY 1, 2007 – MARCH 31, 2008

BUDGET TO ACTUAL AND FISCAL YEAR-END PROJECTIONS OPERATIONS (DEPARTMENT 935100)

BudgetActuals and

Accruals ProjectedRevenue: $ 1,002,713 $ 554,369 $ 644,255 Appropriations: Salaries & Benefits 404,657 284,397 348,972 Contracts 387,410 102,353 212,030 Other Supplies & Services 587,293 110,381 370,803 Equipment/Depreciation 165,845 11,764 63,045 Cost Applied (542,492) (266,487) (355,316)

Total Appropriations $ 1,002,713 $ 242,408 $ 639,534

Net Operating Position (NOP) $ 0 $ 311,961 $ 4,721Add Back Depreciation (Non Cash) 43,045 11,764 43,045Adjusted NOP $ 43,045 $ 323,725 $ 47,766

FISCAL YEAR 2007-08 THIRD QUARTER FINANCIAL STATEMENT JULY 1 – MARCH 31, 2008

BUDGET TO ACTUAL AND YEAR-END PROJECTIONS LAND ACQUISITION (DEPARTMENT 935201)

BudgetActuals and

Accruals ProjectedRevenue: $ 43,012,466 $ 28,093,854 $ 34,416,748 Appropriations: Salaries & Benefits 1,347,219 1,045,780 1,409,279 Contracts 3,800,695 1,395,519 2,701,879 Other Supplies & Services 2,106,813 681,322 1,864,218 Equipment/Depreciation 33,868 27,077 33,868 Capital Assets 44,112,149 35,698,223 39,086,271

Total Appropriations $ 51,400,744 $ 38,847,921 $ 45,095,515

Net Operating Position (NOP) $ (8,388,278)

$(10,754,067) $(10,678,767)

Add Back Depreciation (Non Cash) 33,868 27,077 33,868Adjustment From Cash Balance $ 8,354,410 $ 10,726,990 $ 10,644,899Adjusted NOP $ 0 $ 0 $ 0

FISCAL YEAR 2007-08 THIRD QUARTER FINANCIAL STATEMENT

JULY 1 – MARCH 31, 2008 BUDGET TO ACTUAL AND FISCAL YEAR-END PROJECTIONS

MANAGEMENT AND MONITORING (DEPARTMENT 935300)

BudgetActuals and

Accruals ProjectedRevenue: $2,683,694 $ 1,841,858 $ 2,411,978 Appropriations: Salaries & Benefits 193,228 17,938 23,918 Contracts 2,281,249 1,474,678 2,224,161 Other Supplies & Services 202,217 84,491 157,429 Equipment/Depreciation 7,000 5,833 6,470

Total Appropriations $ 2,683,694 $ 1,582,940 $ 2,411,978

Net Operating Position (NOP) $ 0 $ 258,918 $ 0

Add Back Depreciation (Non Cash) 1,000 188 470Adjusted NOP $ 1,000 $ 259,106 $ 470

AGENDA ITEM NO. 7.7

ATTACHMENT 2 Detailed Financial Statements

Fiscal Year 2007-08 Third Quarter Financial

Report

REGIONAL CONSERVATION AUTHORITY (RCA)Fund 51630, DeptID 935100 (Operations) BUDGET TO ACTUAL ANALYSIS FOR FY 07-08, PERIOD ENDING 3/31/08 Source: RVGLA58D (Revenues), and RVGLA56D(Expenditures), Final dated 4/5/08.Last Revision Date: May 13, 2008

By: Gary M. Poor, CPA, Administrative ManagerC:\Files\FY07_2008\Website\temp\[AGENDA ITEM NO. 7.7 ATT2 Fin Stmts 3.31.08 REVISED FORMAT.xls]935100 NOP

Revenue Budget to Actual and Projections - Fiscal Year 2008 Note: This combines DeptID's 935100 and 935200

DeptID Account DescriptionBudget Amount

Actual Revenue through 3/31/08

March Accruals N

OTE

S Total Actuals and Accruals thru 3/31/08

Projection thru 6/30/08

Projection Over/(Under) Budg

at 6/30/08Dept. 935100 Revenue:

935100 711040 Measure A-Local Streets & Roads 0 0 0 F14 0 0 0935100 722002 Participating Special Entities 3,000 0 0 0 0 (3,000)935100 740020 Interest 16,575 589,438 (566,586) F9 22,851 33,187 16,612935100 771410 Flood Control Covered Projects 250,000 0 80,000 F22 80,000 80,000 (170,000)935100 777170 Development Fees-MSHCP 519,162 235,685 38,590 F1,2 274,276 293,925 (225,237)935100 777600 TUMF-Developer Fees 29,107 22,500 16,380 F5 38,880 39,707 10,600935100 777860 Joint Project Review Deposits 120,771 60,221 0 F13 60,221 80,295 (40,476)935100 781360 Other Misc Revenue 0 141 0 141 141 141935100 781520 Contrib From Other Funds-TIPPING 64,098 0 78,000 F20 78,000 117,000 52,902

Dept. 935100 Total Revenue 1,002,713 907,985 (353,616) 554,369 644,255 (358,458)

Expenditures Budget to Actual and Projections - Fiscal Year 2008


Sum Expended Amount through 3/31/08

March Accruals N

OTE

S Total Actuals and Accruals

through 3/31/08

Projection through 6/30/08

Projection (Over)/Under

Budget at 6/30/08Dept. 935100 Appropriations:

Appropriation 1 (Salaries and Benefits): 935100 510040 Regular Salaries 260,908 177,007 16,609 F4,7 193,616 232,343 28,565935100 510200 Payoff-Permanent 0 2,276 0 F16 2,276 3,691 (3,691)935100 510420 Overtime 0 0 0 0 0 0935100 510440 Administrative Leave 0 5,607 (5,607) F18 0 0 0935100 510460 Leave Buy-Out Parity 43,515 0 5,607 F18 5,607 15,000 28,515935100 510320 Temporary Salaries-TAP 0 0 0 0 0 0935100 518100 Budgeted Benefits 0 0 0 F15 0 1,000 (1,000)935100 518100 Budgeted Benefits 100,234 75,941 6,957 F4,8 82,898 96,937 3,297

Appropriation 1 Total 404,657 260,831 23,567 284,397 348,972 55,685

Appropriation 2 (Supplies and Services):935100 520200 Communications 7,937 1,106 0 1,106 1,475 6,462935100 520230 Cellular Phone 1,846 0 0 0 0 1,846935100 520260 Computer Lines 9,346 1,512 0 1,512 2,016 7,330935100 520270 County Delivery Service 125 0 94 F12 94 125 0935100 520940 Insurance-Other 0 0 0 0 0 0935100 521500 Maint-Motor Vehicles 0 0 0 0 0 0935100 521540 Maint-Office Equipment 4,764 1,057 0 1,057 4,764 0935100 521640 Maint-Software 10,229 82 0 82 10,229 0935100 523100 Memberships 0 143 0 143 143 (143)935100 523230 Miscellaneous Expense 19,308 10,015 (10,652) F24 (637) 5,000 14,308935100 523620 Books/Publications 527 151 0 151 527 0935100 523640 Computer Equip-Non Fixed Asset 5,000 0 0 0 6,500 (1,500)935100 523660 Computer Supplies 0 10 0 10 10 (10)935100 523680 Office Equip Non Fixed Assets 4,500 0 0 0 4,500 0935100 523700 Office Supplies 9,237 2,208 0 2,208 2,944 6,293935100 523720 Photocopying 1,750 0 0 0 438 1,313935100 523760 Postage-Mailing 5,174 1,393 0 1,393 1,857 3,317935100 523800 Printing/Binding 6,327 37 0 37 4,327 2,000935100 523840 Computer Equipment-Software 1,000 49 0 49 1,000 0935100 524560 Auditing And Accounting 42,000 0 14,819 F19 14,819 16,500 25,500935100 524900 GIS Services 0 52 0 52 12,000 (12,000)935100 525020 Legal Services 250,000 54,697 0 54,697 226,000 24,000935100 525120 Micrographic Services 0 0 0 0 0 0935100 525140 Personnel Services (HR) 11,836 4 10,652 F24 10,657 10,657 1,179935100 525300 OASIS Processing-Financials 6,951 1,636 32 F10 1,668 2,224 4,727935100 525310 OASIS Processing-HRMS 2,894 0 0 F10 0 0 2,894935100 525440 Professional Services 5,400 0 0 0 5,400 0935100 526410 Legally Required Notices 0 0 0 0 0 0935100 526420 Advertising 35 0 0 0 35 0935100 526700 Rent-Lease Bldgs 50,000 3,737 (144) F17 3,593 1,724 48,276935100 527780 Special Program Exp (Svs Agree) 0 0 0 0 0 0935100 527840 Training-Education/Tuition 2,736 189 0 189 252 2,484935100 527880 Training-Other 3,960 0 0 0 3,960 0935100 527980 Contracts (SEE ATTACHMENT "A") 387,410 105,593 (3,239) F11 102,353 212,030 175,380935100 528080 Labor 5,592 0 4,413 F23 4,413 5,884 (292)935100 528120 Board/Commission Expense 13,571 8,329 0 8,329 11,105 2,466935100 528140 Conference/Registration Fees 34,850 0 0 0 0 34,850935100 528900 Air Transportation 25,475 0 0 0 10,238 15,238935100 528920 Carpool Expense 0 10 0 10 10 (10)935100 528960 Lodging 17,115 238 0 238 7,558 9,558935100 528980 Meals 10,615 717 0 717 2,808 7,808935100 529000 Miscellaneous Travel Expense 9,020 10 0 10 4,510 4,510935100 529040 Private Mileage Reimbursement 8,173 3,786 0 3,786 4,087 4,087


Appropriation 3 (Depreciation):935100 535560 Depreciation-Equipment 43,045 0 11,764 F6 11,764 43,045 0

Appropriation 3 Total 43,045 0 11,764 11,764 43,045 0

AGENDA ITEM 7.7ATTACHMENT 2

C:\Files\FY07_2008\Website\temp\AGENDA ITEM NO. 7.7 ATT2 Fin Stmts 3.31.08 REVISED FORMAT


Sum Expended Amount through 3/31/08

March Accruals N

OTE


through 3/31/08



Budget at 6/30/08

Appropriation 4 (Capital Assets):935100 540040 Land 0 0 0 0 0 0935100 546080 Equipment-Computer 92,500 0 0 F21 0 20,000 72,500935100 546140 Equipment-Office 0 0 0 0 0 0935100 546160 Equipment-Other 30,300 0 0 F21 0 0 30,300935100 546320 Vehicles-Cars/Light Trucks 0 0 0 0 0 0935100 546360 Vehicles-Heavy Equipment 0 0 0 0 0 0

Appropriation 4 Total 122,800 0 0 0 20,000 102,800

Appropriation 7 (Intrafund Transfers):935100 573400 Intrafund Reimb Sal,Ben, Ovh (542,493) (265,804) (683) F3,4 (266,487) (355,315) (187,178)

Appropriation 7 Total (542,493) (265,804) (683) (266,487) (355,315) (187,178)Dept 935100 Total Expenditures 1,002,713 191,786 50,622 242,408 639,534 363,178Net Operating Position 935100 0 716,199 (404,238) 311,961 4,720 4,719

Add back non-cash expense (Depreciation) 43,045Less non-cash revenue (Donations) 0Adjusted Net Operation Position (Cash) 47,765

Notes: F1: MSHCP Fee projection based on actuals for City Fees through Marchand LMS (County) Fees through March, straightlined through 6/30/08. F2: Accrue to 3% of total MSHCP Fees (Cities and County) through March 2008.F3: Estimated Cost Applied accrual through 3/31 for Land Acq & Mgmt & Monitoring relatedindirect support costs and paid time off (19.23% of Productive Benefit Estimate).F4: Cost Applied reduces salaries & benefits and indirect charges in Operations and chargesLand Acquisition and Management & Monitoring directly.

Cost Applied for FYE 3/31/08 includes the following:(1) Any salaries incorrectly posted to Operations and subsequently corrected.

(see F4a) (2) Productive Benefits (applied to Salaries at 61.57% less regular benefits at 38.49%.(3) Indirect charges applied to Salaries and Productive Benefits at 20.93%.

Note F4a: Estimate of non-productive time (PTO) of 23.08%

Cost Applied through 3/31: FYE ProjectionLand Acquisitions (935201) 262,425 349,901Mgmt & Monitoring (935300) 4,061 5,415

Total 266,487 355,315

F5: TUMF accrued revenue is based on the 3/31/08 report from WRCOG. The FYE projection isbased also on the 4/30/08 report from WRCOG. The projection also includes the following:The 06-07 carryover that couldn't be paid by WRCOG because no agreement was in place. Thetotal carryover is $586,275.72. TUMF Fees are allocated 97% to 935201 and 3% to 935200 (OperatioRCA has drawn a total of $750,000 from WRCOG this fiscal year: 97% to 935201 & 3% to 935200.F6: Accrue 9 months of depreciation for the Gigabit and Copier as per depreciation schedule.F7: Accrue 1.3 pay periods for Operational salaries through 3/31/08.Includes payroll correction through November for deptID coding errors.F8: Accrue 1.3 pay periods for Operational benefits through 3/31/08.Includes payroll correction through November for deptID coding errors.F9: Interest Revenue is based on actuals for the 1st quarter and 2nd quarter (2nd quarter was postin January and March of 2008. F9a: Interest revenue will vary depending on cash flow. F9b: Interest deposited into Ops initially, but needs to be reallocated to another DeptID: 935200 interest % = 3%, 935201 interest %= 97%.F10: County is charging OASIS (both financials and HRMS) to 525300. Also accrue HRMS chargesfor pay periods 06-08, and 30% of pp 09, based on an average of pay periods 04-05.F11: See Contract Detail.F12: March accrual is based on 9 months of budget.F13: FYE projection for JPR fee revenue is based on a straightline projection of actuals through3/31/08. Any refunds are debited against the revenue account. JPR related expenses are recordedin Approp 1 (staff time) and Approp 2 (Dudek).F14: There is no cash (or revenue) to support Measure A revenue since RCTC donates cashdirectly to escrow and then the property is donated to RCA.F15: New Executive Director's 401K: 10% to Operations and 90% to Land Acquisition.F16: Projected Payoffs for RCA retirements in 07-08:

Tom Mullen 22,763 Actual payoff 11/8/07Joe Richards 14,150 Estimated retirement in May 08.

Total 36,913Note: Payoffs are to be allocated as follows: 10% to Operations and 90% to Land Acquisitions.F17: Rent paid to Facilities Management for space on the CAC 12th Floor. RCA paid has paid forrent through April, so a negative accrual of 10% of the April rent has been accrued. Only 10% of rental expense is charged to Operations. RCA will not move to the new building until August 2008.F18: Management selling back hours (up to 160 maximum per calendar year) of annual leaveto the County. Administrative Leave is reclassed to Leave Buy-Out Parity.F19: Audit expenses have greatly increased due to RCA receiving federal grant money in excess of $300,000, which automatically triggers a Single Audit. Single audits are much more in depththan a regular audit, and require the audit firm to spend much more time in analysis and review.The FYE projection includes 30% of the cost of the Single Audit for Operations. 70% of the SingleAudit is charged to Land Acquisitions (935201). Also, 10% of the cost of the audits of the cities arecharged to Operations and 90% is charged to Land Acquisitions.F20: 3% + of TIPPING Fees from Landfills are allocated to Operations.F21: Equipment budgeted for 07-08 has been rolled into the 08-09 budget. $20,000 remainsin the fiscal year-end projection as a cushion just in case an early charge for the move is incurred.F22: Flood Control estimate for infrastructure projects. These projects were actually from2007 calendar year. Projects had been paid to RCA on a calendar year basis every January. After discussions with Flood Control management the policy has been changed and they will pay us on afiscal year basis. The total amount to be received from Flood is $172,286.32 for FY 07-08. $80,000 othis is allocated to Operations 935100, and the balance is allocated to Mgmt & Monitoring 935300.F23: Based on a cost accounting report of TLMA accounting staff working on RCA project Z990020F24: Reclass annual HR charges to appropriate account.

C:\Files\FY07_2008\Website\temp\AGENDA ITEM NO. 7.7 ATT2 Fin Stmts 3.31.08 REVISED FORMAT

REGIONAL CONSERVATION AUTHORITY (RCA)Fund 51630, DeptID 935201(Land Acquisition) BUDGET TO ACTUAL ANALYSIS FOR FY07-08, PERIOD ENDING 3/31/08 Source: RVGLA58D (Revenues), and RVGLA56D(Expenditures), Final dated 4/5/08.Last Revision Date: May 13, 2008


Revenue Budget to Actual and Projections - Fiscal Year 2008



March Accruals N

OTE


through 3/31/08


Projection Over/(Under)

Budget at 6/30/08

Dept. 935201 Revenue: 935201 711040 Measure A Local Sts & Rds 20,000,000 0 11,159,744 F9 11,159,744 11,445,344 (8,554,656)935201 722002 Participating Special Entities 0 0 0 0 0935201 740020 Interest 535,925 0 738,856 F12 738,856 1,073,060 537,135935201 751680 Grants-State 0 0 0 F9 0 0 0935201 766600 Grants-Land (Fed) 2,563,050 0 5,488,137 F9 5,488,137 5,813,137 3,250,087935201 771820 Development Agreements 282,000 0 75,000 F17 75,000 282,000 0935201 777170 Development Fees-MSHCP 16,786,232 8,556,290 311,955 F5,7 8,868,245 11,879,454 (4,906,778)935201 777600 TUMF Revenue-Developer Fees 456,110 727,500 529,617 F10 1,257,117 1,283,849 827,739935201 781220 Donations-Land 2,389,149 0 256,000 F9 256,000 2,389,149 0935201 781220 Donations-Consv Easements 0 0 233,500 F9 233,500 233,500 233,500935201 781360 Other Misc Revenue 0 0 0 0 0 0935201 781560 Contributions-Other Agencies 0 17,255 0 F15 17,255 17,255 17,255

Dept 935201 Total Revenue 43,012,466 9,301,045 18,792,809 28,093,854 34,416,748 (8,595,718)(8,595,718)



Actual Expended Amount through 3/31/08 March Accruals N

OTE


through 3/31/08



Budget at 6/30/08

Dept. 935201 Expenditures:

Appropriation 1 (Salaries and Benefits): 935201 510040 Regular Salaries 832,219 592,096 42,485 F1 634,581 846,108 (13,889)935201 510200 Payoff-Permanent 0 0 20,487 F6 20,487 33,222 (33,222)935201 510320 Temporary Salaries 0 0 0 0 0 0935201 518100 Budgeted Benefits 0 0 0 F14 0 9,000 (9,000)935201 518100 Budgeted Benefits 515,000 338,438 52,274 F2 390,712 520,949 (5,949)

Appropriation 1 Total 1,347,219 930,533 115,246 1,045,780 1,409,279 (62,060)(62,060)

Appropriation 2 (Supplies and Services):935201 520200 Communications 0 4,983 (4,983) F18 0 0 0935201 520230 Cellular Phone 0 276 4,983 F18 5,259 9,202 (9,202)935201 520260 Computer Lines 0 3,478 0 3,478 4,637 (4,637)935201 520940 Insurance-Other 100,000 28,211 0 28,211 28,211 71,789935201 521540 Maint-Office Equipment 0 2,306 0 2,306 3,075 (3,075)935201 521640 Maint-Software 0 326 0 326 435 (435)935201 523100 Memberships 0 143 0 143 143 (143)935201 523230 Miscellaneous Expense 1,708 802 0 802 1,069 639935201 523660 Computer Supplies 0 41 0 41 54 (54)935201 523700 Office Supplies 0 5,009 0 5,009 6,679 (6,679)935201 523760 Postage-Mailing 0 4,833 0 4,833 6,444 (6,444)935201 523800 Printing/Binding 0 148 0 148 197 (197)935201 524520 Indirect Support Cost 282,474 182,178 (9,929) F3 172,249 229,666 52,808935201 525020 Legal Services 1,250,000 365,879 0 365,879 1,250,000 0935201 525120 Micrographic Services 0 0 0 0 0 0935201 525140 Personnel Services 0 38 0 38 38 (38)935201 525300 OASIS Financials 1,033 6,544 0 6,544 8,726 (7,693)935201 525440 Professional Services 0 0 0 0 0 0935201 524560 Auditing And Accounting 0 0 43,367 F4 43,367 58,500 (58,500)935201 525500 Salary/Benefit Reimbursement 0 0 0 0 0 0935201 526410 Legally Required Notices 223 0 0 0 223 0935201 526700 Rent/Lease Buildings 0 9,198 0 9,198 12,264 (12,264)935201 527780 Special Program Expense 450,000 0 0 0 200,000 250,000935201 527840 Training-Education/Tuition 0 5,871 0 5,871 7,828 (7,828)935201 527980 Contracts (See Attachment A) 3,800,695 1,056,869 338,649 F16 1,395,519 2,701,879 1,098,816935201 528120 Board/Commission Exp 13,392 9,848 0 9,848 13,131 261935201 528140 Conference/Registration Fees 0 995 0 995 1,327 (1,327)935201 528280 Imaging Supplies 0 1,287 0 1,287 1,716 (1,716)935201 528900 Air Transportation 3,507 7,010 0 7,010 9,347 (5,840)935201 528920 Carpool Expense 0 389 0 389 519 (519)935201 528960 Lodging 0 1,463 0 1,463 1,951 (1,951)935201 528980 Meals 219 1,506 0 1,506 2,008 (1,789)935201 529000 Miscellaneous Travel Expense 57 375 0 375 500 (443)935201 529040 Private Mileage Reimb 4,200 4,746 0 4,746 6,328 (2,128)

Appropriation 2 Total 5,907,508 1,704,753 372,088 2,076,841 4,566,097 1,341,4111,341,411

Appropriation 3 (Depreciation):935201 535540 Depreciation-Building 19,048 0 14,286 F8 14,286 19,048 0935201 Depreciation-Furniture 12,500 0 9,375 F8 9,375 12,500 0935201 535542 Depreciation-Land Improv 2,320 0 3,416 F8 3,416 2,320 0

Appropriation 3 Total 33,868 0 27,077 27,077 33,868 00

Appropriation 4 (Capital Assets):935201 540040 Land 0 0 0 0 0 0935201 540040 Land-RCA Cash Expenditures 19,159,950 5,946,423 12,569,229 F13 18,515,652 19,159,950 0935201 540040 Land-Contrib(non-cash)RCTC 20,000,000 0 11,159,744 F9 11,159,744 11,445,344 8,554,656935201 540040 Land-Donations (non-cash) 2,389,149 0 256,000 F9 256,000 2,389,149 0935201 540040 Conserv Ease Don (non-cash) 0 0 233,500 233,500 233,500 (233,500)935201 540040 Land-Fed Grants (non-cash) 2,563,050 0 5,488,137 F9 5,488,137 5,813,137 (3,250,087)935201 540040 Land-State Grants (non-cash) 0 0 0 F9 0 0 0935201 540060 Improvements-Land 0 45,191 0 45,191 45,191 (45,191)935201 542020 Buildings 0 0 0 0 0 0935201 542060 Improvements-Buildings 0 0 0 0 0 0935201 546400 Capital Asset System 0 0 0 0 0 0

Appropriation 4 Total 44,112,149 5,991,614 29,706,610 35,698,223 39,086,271 5,025,878Dept 935201 Total Expenditures 51,400,744 8,626,900 30,221,021 38,847,921 45,095,515 6,305,229Net Operating Position 935201 (8,388,278) 674,145 (11,428,212) (10,754,067) (10,678,767) (2,290,489)

Add back Depreciation (non-cash) 27,077 33,868Adjusted Net Operation Pos (Cash) (10,726,990) (10,644,899)

Draw from Cash Balance (for cash expenditures greater than cash revenue) 10,726,990 10,644,899Adjusted Net Operating Postion 0 0 F11

Notes:F1: Accrue 1.3 pay periods for Land Acquisition related salaries through 3/31/08.F2: Accrue 1.3 pay periods for Land Acquisition related benefits through 3/31/08. Includesportion of non-productive time initially posted in Operations.F3: Accrue for Land Acquisition related indirect support costs through 3/31/08.F4: Audit expenses have greatly increased due to RCA receiving federal grant money in excess of $300,000, which automatically triggers a Single Audit. Single audits are much more in depththan a regular audit, and require the audit firm to spend much more time in analysis and review.The FYE projection includes 30% of the cost of the Single Audit for Operations. 70% of the SingleAudit is charged to Land Acquisitions (935201). Also, 10% of the cost of the audits of the cities are charged to Operations and 90% is charged to Land Acquisitions.F5: Accrue to 97% of total MSHCP Fees (Cities and County) through March 2008.F6: Accrue 90% of Executive Director payoff in October 2007.F7: MSHCP Fee projection based on actuals for City Fees through Marchand LMS (County) Fees through March, straightlined through 6/30/08.F8: Accrue 9 months of depreciation as per depreciation schedule. Depreciationis as follows: Buildings = 50 yrs (600 months), and Improvements = 25 yrs (300 months),Also Depreciate:Cordova Fencing = 20 yrs (240 months) placed in service 10/4/06 ($29,493.61).Cordova Generator = 25 yrs (300 months) placed in service 1/20/07 ($18,999.16).Furniture & Tenant Improvements (New office) = 20 years, $250,000.

F9a: Accrued Contrib, Granted & Donated Properties through 3/31/08 as follows :RCTC (Contributed) 11,159,744 See note F9dFederal Section 6 (Grants) 5,488,137 See note F9eState Grants 0 See note F9fDonations 256,000 See note F9gConservation Easement Donations 233,500 See note F9h Total to Accrue through 3/31/08: 17,137,381

F9b: Projected Contributed, Granted & Donated Properties:RCTC (Contributions) 285,600 Note F9dFederal Section 6 (Grants) 325,000 Note F9eState Grants 0 See note F9fDonations 862,000 See note F9gConservation Easement Donations 0 Total projected: 1,472,600 Total Accrued through 3/31/08: 17,137,381 See F9a Total KNOWN Projected FY 07-08 18,609,981

F9c: Total Est Measure A donations for 07-08 11,445,344

F9d: RCTC properties contributed or to be contributed): Estimated Closing DateCampion 210,525 Actual close = 9/14/2007Deetz 961,605 Actual close = 8/29/2007Roth (Oak Valley) 410,666 Actual close = 9/4/2007Wilson Creek Conserv. Credits 285,600 Est Closing May 2008Damieta Ranch 500,800 Actual close = 9/14/2007Lacina 456,500 Actual close = 2/6/08Shiang, Chow, and Lee 7,009,000 Actual close = 9/28/2007Bolton 565,950 Actual close =1/16/08Mauger 162,698 Actual close =1/15/08Rullo 882,000 Actual close =1/18/08

Total 11,445,344less contributions closed (11,159,744) ok thru 1/31/08contributions to be closed 285,600

Closed as of 3/31/08

Note F9e: (Projected Federal Section 6 Grants): Estimated Closing DateDorfner 161,290 Actual close =1/24/08Geller 650,000 10/18/2007Williams 250,000 7/26/07Wilson Creek/Mulder 835,000 Actual close = 3/5/08

Lacina 373,500 Actual close = 2/6/08Jaglowski 251,250 11/21/2007Kobashi & Krickl 325,000 Est Closing May 2008Bolton 1,043,226 Actual close =1/16/08Mauger 298,065 Actual close =1/15/08Rullo 1,625,806 Actual close =1/18/08 Total 5,813,137less Federal Grants closed (5,488,137) ok thru 3/31/08Federal Grants to be closed 325,000


Note F9f: (State Grants): Estimated Closing DateSolis (State to County, not RCA) 0 Actual close = 2/28/2008

0 See note F9h (Cons Easements) Total 0less State Grants closed 0 State Grants to be closed 0


Note F9f1: The Solis Property is a Conservation Easement where the County will retain fee title. RCA paid $150,000 cash + approx $1k in escrow fees on 2/28/08. The appraisal value came in at $142,500. Accounting impact: As per External Audit Firm CPA Manager: We don't need to book the difference.We only need to provide a footnote. It would be considered an "impairment", but since it isimmaterial to the financial statements as a whole, then a footnote will suffice.

Note F9f2: The State Grant is not considered revenue for RCA since the agreement was with the State and the County and the County holds fee title.

Note F9g: Donations (RCA has fee title): Estimated Closing Date Betts 256,000 Actual close = 12/28/07

28.53 acres Koy Builders (2 Parcels) 330,000 Pending88.66 acres Palmyrita 532,000 Pending

Total Projected Donations 1,118,000less donations closed (256,000)Donations to be closed 862,000


Note F9h: Conservation Easement Donations (no fee title): Estimated Closing DateRDA/Winchester Road 0 Recorded 3/13/08 (value TBD)Solis 142,500 Actual close = 2/28/08TeleDyne 91,000 Actual close = 8/9/07 Total Projected C. E. Donations 233,500less Consv Easements closed (233,500)Consv Easements to be closed 0

`Closed as of 3/31/08

Notes: Appraisal for RDA/Winchester had been completed, but a correction is in progress. Solis is a combination RCA purchase and State Grant.

Note: Donations are recorded as revenues in the year of donation, but since cash is notactually paid by RCA no expenditures are posted to the General Ledger.

F10: TUMF accrued revenue based on the 3/31/08 report from WRCOG. The FYE projection is basedalso on the 4/30/07 report from WRCOG. The projection also includes the following:The 06-07 carryover that couldn't be paid by WRCOG because no agreement was in place. Thetotal carryover is $586,275.72. TUMF Fees are allocated 97% to 935201 and 3% to 935200 (Operations).

F11: Current year actual and projected operating deficits are covered by Cash Balance.

Fund 51630 Cash balance at 7/1/07: 32,116,45406-07 A/R collected in 07-08 2,595,247 A/R + Interest ReceivableLess 07-08 NOP draw on Cash balance (10,644,899) Land Acquistion only Estimated Gross Cash balance at 6/30/08: 24,066,802less estimated accrued revenue at 6/30/08 (500,000) (city MSHCP) Estimated Net Cash balance at 6/30/08: 23,566,802

F12: Interest Revenue accrual is based on actuals for 1st quarter and 2nd quarters. F12a: Interest revenue will vary depending on cash flow. F12b: Interest deposited into Ops initially, but needs to be reallocated to other DeptID's: 935200 interest % = 3%, 935201 interest %= 97%.F13: Expenditures for Land Acquisitions have decreased due to the reclassification of cash paymentsfor the purchase of the following in 07-08:

Thompson Ranch 7,000,000 Oak Valley 5,557,896

Total 12,557,896These payments were reclassified from expenditures to decreases (debits) in Notes Payable, sincethese notes were booked in 06-07 fiscal year.F14: New Executive Director's 401K: 10% to Operations and 90% to Land Acquisition.F15: Contribution for Elsinore Lakeview Estates #2 in July 2007.F16: See Contract detail report. Increase projection by $282,000. See Note F17.F17: RCA Board approved the Third Amendment to the Dudek contract on 3/3/08 to increase theDudek contract by $282,000 to pay for costs related to Munz's Onion. The developer will reimburseRCA for $282,000. This is related to the Saddleback/Vaquero property.$75,000 has already been received from the Developer, but it was incorrectly posted as a credit tocontract expenditures. A correction posted in April to record the cash receipt as revenue.F18: Reclass Verizon charge from Communications 520200 to Cell Phone 520230.

REGIONAL CONSERVATION AUTHORITY (RCA)Fund 51630, DeptID 935300 (Management and Monitoring)BUDGET TO ACTUAL ANALYSIS FOR FY06-07, PERIOD ENDING 3/31/08Source: RVGLA58D (Revenues), and RVGLA56D(Expenditures), Final dated 4/5/08.Last Revision Date: May 13, 2008


Revenue Budget to Actual and Projections - Fiscal Year 2008



March Accruals N

OTE



Projection Over/(Under)

Budget at 6/30/08

Dept. 935300 Revenue:935300 722001 Local Non-Trans Facilities 50,000 0 0 0 0 (50,000)935300 722002 Participating Special Entities 197,000 82,827 0 82,827 82,827 (114,173)935300 722003 City/County Rdways Plan Cov 50,000 0 0 0 0 (50,000)935300 740020 Interest-Invested Funds 0 11,071 3,690 F3 14,761 19,681 19,681935300 741000 Rents 7,200 2,400 2,400 F5 4,800 7,200 0935300 771410 Flood Control District 157,000 0 92,286 F10 92,286 92,286 (64,714)935300 781360 Other Misc Revenue 0 86,450 F4 86,450 86,450 86,450935300 781520 TIPPING FEES 2,072,494 956,433 604,301 F1 1,560,734 2,048,534 (23,960)935300 781560 Contr. - Other Agencies 150,000 0 0 F11 0 75,000 (75,000)

Dept. 935300 Total Revenue 2,683,694 1,139,181 702,677 1,841,858 2,411,978 (271,716)



Actual Expended Amount through 3/31/08

March Accruals N

OTE




Budget at 6/30/08

Dept. 935300 Expenditures:

Appropriation 1 (Salaries and Benefits): 935300 510040 Regular Salaries 121,178 9,543 278 F8 9,820 13,094 108,084935300 510320 Temporary Salaries 0 0 0 0 0 0935300 518100 Budgeted Benefits 72,050 6,818 1,300 F7 8,118 10,824 61,226


Appropriation 2 (Supplies and Services):935300 520200 Communications 3,500 1,010 1,010 1,346 2,154935300 520260 Computer Lines 0 30 0 30 90 (90)935300 521360 Maint-Computer Equip 1,000 0 0 0 1,000 0935300 523230 Miscellaneous Expense 360 1,192 0 1,192 1,589 (1,229)935300 523620 Books/Publications 113 0 0 0 113 0935300 523640 Comp Equip-Non Fixed Assets 0 59 0 59 59 (59)935300 523680 Office Equip-Non Fixed Assets 0 0 0 0 0 0935300 523700 Office Supplies 14,000 2,621 0 2,621 3,495 10,505935300 523840 Computer Equip-Software 0 579 0 579 579 (579)935300 524520 Indirect Support Cost 39,955 2,968 (302) F7 2,666 3,554 36,401935300 525020 Legal Services 7,575 8,851 0 8,851 11,801 (4,226)935300 525300 OASIS Financials 214 0 0 0 0 214935300 525440 Professional Services 0 0 0 0 0 0935300 526700 Rent-Lease Buildings 81,146 39,519 19,761 F2 59,280 79,040 2,106935300 526910 Field Equip-Non Fix Assets 45,854 7,635 0 7,635 45,854 0935300 527880 Training-Other 8,500 160 0 160 8,500 0935300 527980 Contracts (See Attachment A) 2,281,249 1,226,240 248,438 F9 1,474,678 2,224,161 57,088935300 528900 Air Transportation 0 344 0 344 344 (344)935300 529040 Private Mileage Reimb. 0 64 0 64 64 (64)

Appropriation 2 Total 2,483,466 1,291,271 267,897 1,559,168 2,381,590 101,876

Appropriation 3 (Depreciation):935300 535561 Depreciation-Computer Equip. 1,000 0 188 F12 188 470 530

Appropriation 3 Total 1,000 0 188 188 470 530

Appropriation 4 (Capital Assets):935300 546080 Equipment-Computer 6,000 5,645 0 5,645 6,000 0

Appropriation 4 Total 6,000 5,645 0 5,645 6,000 0Dept 935300 Total Expenditures 2,683,694 1,313,277 269,663 1,582,940 2,411,978 271,716Net Operating Position 935300 0 (174,096) 433,014 258,918 0 0

Notes:F1: Accrue TIPPING Fee revenue as follows:Out of County (OCC):1st Quarter actual 454,3322nd Quarter actual 449,769

Total OOC Actual 904,101 (first 2 quarters of FY 07-08 (Excluding In-County)

average OOC per quarter 452,051

OOC FYE projection 1,808,202 06-07 Adjustment 52,332 Note 1a+In-County 380,000 Note 1b Total Gross Projection 2,240,534

less downturn factor (75,000) 3.35%Total Net projection 2,165,534

less Operations share (117,000) 3% = 64,96697% to 935300 2,048,534

Note 1a: Adjust to final actual for 06-07 as per Executive Office staff on 12/4/07. Adjustment was paid along withmid year estimate. There was 34,888 actual tons more than the original estimate x $1.50 per ton.

Note 1b: In-County is a flat $400,000, however the EO' office is estimating a 5% reduction.

Note F1c: March accrual:

OOC accrual 452,051 Average OOC quarterIn-County accrual 285,000 9/12 of annual In-County estimateless downturn (56,250) 9/12 of annual estimateless Operations share (76,500) 9/12 of annual estimateTotal March accrual 604,301

F2: Accrue rent for Jan through March: $6,587 per month.F3: Interest revenue (accrual and projection) is based on 1st and 2nd quarter actuals posted through March 2008.Interest is earned from subfund activity.F4: Misc Revenue as follows: From Transportation for Teledyne-reimbursement of fencing 78,000 Sale of Easements (SCE) 8,450

Total 86,450 Note F4a

Note F4a: RCA sold a portion of the Allen property (RC22000011) to SCE for an easement for power lines.

F5: Includes Lease Income for Radio Tower Lease at $500 per month, starting in January 2007. Note: KCAA radio is behindon the monthly rent payments. RCA Management is working on collecting all money that is owed.F6: N/AF7: Accrue Indirect and Non-productive time for salaries posted and accrued.F8: Accrue salaries for 100% of pay period 08 and 30% of pay period 09.F9: Accrue contracts through February 08: See Contract detail.F10: Flood Control projects estimate per Ivan Chand 1/16/08. These projects were actually from 2007 calendar year. Prioryear projects had been paid to RCA on a calendar year basis every January. After discussions with Flood Control management the policy has been changed and they will pay us on a fiscal year basis.The total amount to be received from Flood is $172,286.32. $80,000 of this is allocated to Ops 935100.F11: Budgeted donations in 06-07 for Burrowing Owl and recorded as deferred revenue to be recognized as revenue in07-08. Audit Firm required income recognition of $75,000 in 06-07 since the money was for fines. RCA will receive theremaining $75,000 in 07-08 and record it as revenue.F12: Depreciate Video Probe over 5 years (60 months). Acquired in Feb 08, therefore 5 months of depreciation in 07-08.

CONTRACT EXPENSE DETAIL FOR FY 07-08 AS OF 3/31/08Last Revision Date: May 13, 2008C:\Files\FY07_2008\Website\temp\[AGENDA ITEM NO. 7.7 ATT2 Fin Stmts 3.31.08 REVISED FORMAT.xls]Contracts

DeptID Account Description Budget Amount

Actuals through 3/31/08

March Accruals

Actual Expended & Accrued

through 3/31/08 Projection

through 6/30/08

YE Actual (Over)/Under Budget

at 6/30/08OPERATIONS

935200 527980 Ahern, Adcock & Devlin - 14,819 (14,819) 0 0 0935200 527980 Dudek & Assoc., Inc. 202,500 74,911 13,271 88,182 117,576 84,924935200 527980 O'Reilly Public Relations 8,500 0 0 0 0 8,500935200 527980 Fish & Wildlife Service (Coordinator) 20,000 0 0 0 35,000 (15,000)935200 527980 Jacobs-SAMP 16,210 5,739 0 5,739 16,210 0935200 527980 Jacobs-ACOE (Army Corp of Engineers) 133,000 0 0 0 33,000 100,000935200 527980 Naty Kopenhaver 7,200 4,124 1,308 5,433 7,244 (44)935200 527980 Robert's Consulting Group 0 6,000 (3,000) 3,000 3,000 (3,000)

Total Operations 387,410 105,593 (3,239) 102,353 212,030 175,380LAND ACQUISITION

935201 527980 Ahern, Adcock & Devlin 0 43,367 (43,367) 0 0 0935201 527980 U.C.R. (CCB) 50,000 0 0 0 50,000 0935201 527980 Driscoll, David J. 12,500 0 0 0 12,500 0935201 527980 D.B. Works, Inc. (Data Base) 0 8,250 0 8,250 8,250 (8,250)935201 527980 Naty Kopenhaver 64,800 37,474 11,776 49,250 65,666 (866)935201 527980 O'Reilly Public Relations 76,500 16,753 0 16,753 40,000 36,500935201 527980 Facilities Management 700,000 107,699 0 107,699 243,599 456,401935201 527980 Fergusen Group-David Kennett 75,000 57,188 7,759 64,948 100,000 (25,000)935201 527980 Economics&Politics (J. Husing) 100,000 37,494 0 37,494 49,992 50,008935201 527980 Dudek & Assoc., Inc. 679,500 262,477 253,040 515,516 717,662 (38,162)935201 527980 Lobbying (To Be Determined) 250,000 0 0 0 82,500 167,500935201 527980 Tom Mullen 0 82,587 0 82,587 147,500 (147,500)935201 527980 Professional Services 250,000 0 0 0 150,000 100,000935201 527980 Fish & Wildlife Service (Coordinator) 140,000 (140,000)935201 527980 Public Outreach (To Be Determined) 500,000 0 0 0 100,000 400,000935201 527980 NEXUS Study (Taussig??) 100,000 0 0 0 0 100,000935201 527980 Programmatic (RAND) 682,514 370,000 0 370,000 612,514 70,000935201 527980 Parks & Open Space Dist-Land Mgmt 224,881 9,581 106,441 116,022 154,696 70,185935201 527980 Patricia Lock-Dawson 25,000 0 0 0 0 25,000935201 527980 Robert's Consulting Group 0 24,000 3,000 27,000 27,000 (27,000)935201 527980 Roger D. Zortman 10,000 0 0 0 0 10,000

Total Land Acquisition 3,800,695 1,056,869 338,649 1,395,519 2,701,879 1,098,816Management & Monitoring

935300 527980 Parks & Open Space Dist-Land Mgmt 693,749 384,297 79,790 464,088 643,783 49,966935300 527980 Dudek & Assoc., Inc. 100,000 240,584 (175,916) 64,668 92,878 7,122935300 527980 Driscoll, David J. 12,500 11,888 0 11,888 12,500 0935300 527980 USGS 10,000 5,342 0 5,342 10,000 0935300 527980 SAWA 1,465,000 659,129 269,564 928,693 1,381,672 83,328935300 527980 Saddleback/Vaquero (935201 Revenue) 0 (75,000) 75,000 0 0 0935300 527980 Fish & Wildlife Service (Coordinator) 0 0 0 0 83,328 (83,328)935300 527980 Environmental Carreers Org. 0 0 0 0 0 0

Total Management & Monitoring 2,281,249 1,226,240 248,438 1,474,678 2,224,161 57,088

Total Contracts 6,469,354 2,388,702 583,848 2,972,550 5,138,070 1,331,284

ATTACHMENT A CONTRACT DETAIL

REGIONAL CONSERVATION AUTHORITY (RCA)

AGENDA ITEM NO. 7.7

ATTACHMENT 3 MSHCP Fee Collection Reports

Fiscal Year 2007-08 Third Quarter Financial

Report

AGENDA ITEM 7.7ATTACHMENT 3

MSHCP Development Mitigation Fee Categories Total Fiscal Year to Date as of March 31, 2008

$6,552,798.61

$2,850,579.78

Commercial

30%

70%

Residential

MSHCP Development Mitigation Fee CategoriesTotal Third Quarter Only January 1- March 31, 2008

$1,632,201.41

$1,259,509.76

Commercial

Residential

44%

56%

NET MSHCP MITIGATION FEE COLLECTIONS BY MEMBER AGENCY (935200 & 935201)FY 2007/08BASED ON ACCRUAL BASIS METHODOLOGY (Accounts for reported month, not monthfees collected, which is the cash basis)

C:\Files\FY07_2008\Website\temp\[AGENDA ITEM NO. 7.7 ATT3-B FY2008 RCA Fee Collections.xls]FEES FY08Last Revision Date: May 15, 2008

JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH 2007-08 PERCENT2007 2007 2007 2007 2007 2007 2008 2008 2008 YTD TOTALS OF TOTAL

CITY OF BANNING $1,860.00 $0.00 $1,860.00 $0.00 $1,801.00 $0.00 $0.00 $6,333.00 $1,860.00 $13,714.00 0.14%

CITY OF BEAUMONT $215,904.96 $47,378.00 $35,340.00 $79,374.00 $49,196.00 $262,959.31 $209,464.53 $6,625.00 $14,880.00 $921,121.80 9.71%

CITY OF CALIMESA $0.00 $1,860.00 $0.00 $0.00 $1,860.00 $0.00 $3,720.00 $0.00 $0.00 $7,440.00 0.08%

CITY OF CANYON LAKE $9,300.00 $3,720.00 $9,300.00 $3,720.00 $3,720.00 $0.00 $1,860.00 $0.00 $3,720.00 $35,340.00 0.37%

CITY OF CORONA $18,600.00 $1,860.00 $6,102.00 $59,767.05 $0.00 $25,779.73 $0.00 $1,860.00 $100,844.79 $214,813.57 2.26%

CITY OF HEMET $72,068.00 $91,140.00 $57,243.00 $17,439.16 $54,580.27 $1,860.00 $48,569.00 $29,799.90 $14,880.00 $387,579.33 4.09%

CITY OF LAKE ELSINORE $47,651.27 $37,399.90 $48,228.38 $41,510.18 $14,880.00 $46,500.00 $60,341.13 $282,070.60 $0.00 $578,581.46 6.10%

CITY OF MORENO VALLEY $7,440.00 $45,362.61 $36,661.09 $0.00 $31,277.38 $13,229.00 $6,459.66 $0.00 $247,303.65 $387,733.39 4.09%

CITY OF MURRIETA $5,826.36 $16,932.54 $0.00 $32,025.96 $8,469.75 $18,473.17 $12,269.55 $6,586.32 $12,412.68 $112,996.33 1.19%

CITY OF NORCO $0.00 $1,651.00 $3,302.00 $0.00 $6,004.00 $1,651.00 $1,651.00 $0.00 $0.00 $14,259.00 0.15%

CITY OF PERRIS $107,997.00 $48,360.00 $75,568.47 $57,312.56 $26,432.04 $49,685.52 $46,361.97 $4,813.08 $24,180.00 $440,710.64 4.65%

CITY OF RIVERSIDE $76,871.60 $87,479.97 $68,446.79 $45,319.43 $107,183.90 $500,057.25 $13,310.00 $42,549.36 $3,372.96 $944,591.26 9.96%

CITY OF SAN JACINTO $135,286.09 $18,125.80 $11,779.38 $23,143.85 $77,642.58 $8,896.59 $24,216.08 $255.50 $8,597.21 $307,943.08 3.25%

CITY OF TEMECULA $0.00 $7,820.00 $17,188.95 $70,212.67 $0.00 $19,442.31 $3,039.84 $294,995.55 $66,414.81 $479,114.13 5.05%

COUNTY OF RIVERSIDE (LMS) $842,095.00 $520,934.00 $430,419.00 $613,446.00 $471,752.00 $392,700.00 $256,695.00 $362,408.00 $666,991.00 $4,557,440.00 48.04%

FLOOD CONTROL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00%

MISC PARTICIPANT FEES $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $82,827.00 $0.00 $0.00 $82,827.00 0.87%

TOTALS $1,540,900.28 $930,023.82 $801,439.06 $1,043,270.86 $854,798.92 $1,341,233.88 $770,784.76 $1,038,296.31 $1,165,457.10 $9,486,204.99 100.00%$9,486,204.99

REGIONAL CONSERVATION AUTHORITY

AGENDA ITEM NO. 7.8

WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION

AUTHORITY ANNUAL REPORT 2007



WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY MULTIPLE SPECIES HABITAT CONSERVATION PLAN

ANNUAL REPORT 2007

Staff Contact: Pat Egetter Chief of Technical Information (951) 955-0005

Background:

Each year, RCA staff prepares an Annual Report for the Regional Conservation Authority and its Permittees to meet the requirements of the MSHCP and Implementing Agreement.

The Multiple Species Habitat Conservation Plan Annual Report 2007 covers the activities of the Regional Conservation Authority and summarizes the development activities of its Permittees for the period of January 1, 2007 through December 31, 2007. This 2007 Annual Report represents the Authority’s third full year of operation.

Staff Recommendation:

That the RCA Board of Directors receive and file the Multiple Species Habitat Conservation Plan Annual Report 2007. Attachment:

Multiple Species Habitat Conservation Plan Annual Report 2007

AGENDA ITEM NO. 7.8

ATTACHMENT 1 Western Riverside County


Annual Report 2007

The Annual Report will be posted to the Agency Website

AGENDA ITEM NO. 8.1

INTRODUCTION OF ORDINANCE 08-01,

ORDINANCE OF THE WESTERN RIVERSIDE COUNTY

REGIONAL CONSERVATION AUTHORITY ESTABLISHING A

POLICY FOR PROPERTY ACQUISITION



INTRODUCTION OF ORDINANCE 08-01,

ORDINANCE OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY ESTABLISHING

A POLICY FOR PROPERTY ACQUISITION

Staff Contact: RCA Legal Counsel Best Best & Krieger, LLP (951) 686-1450 Background:

The Western Riverside County Regional Conservation Authority (RCA) is a joint powers agency and is the implementing agency of the Multiple Species Habitat Conservation Plan and is charged with acquiring, holding and disposing of property. RCA’s current property acquisition policy is outlined in Ordinance 04-02, as amended by Ordinance 06-01. Recently, the Board proposed, and all member entities adopted, an amendment to the Joint Powers Agreement to change the governing authority for the RCA from state laws governing counties to state laws governing cities. In Ordinance 08-01, the Board will maintain the status quo in continuing to authorize the Executive Director to perform any or all acts necessary to approve and accept for the Authority the acquisition of any interest in real property, along with maintaining specific procedures for the exercise of the authority by the Executive Director and establishing certain dollar limits on any purchase price. The main purpose of the Ordinance is to cite to and rely upon state laws governing cities, rather than state laws governing counties as was the case in Ordinances 04-02 and 06-01. It should be noted that this authority will no longer need to be re-authorized every five (5) years.

As required, prior to adoption of an Ordinance, the proposed Ordinance 08-01 must be published in the newspaper and read to the Board for the second time. It is requested that the Chairman read the title of the Ordinance and waive the reading of the full Ordinance. Further, in compliance with Government section 36933, a summary of the Ordinance will be prepared by the Clerk of the Board for publication.

Executive Committee and Staff Recommendations:

That the RCA Board of Directors:

1) Introduce Ordinance 08-01, Establishing a Policy for Property Acquisition, and after reading the title of the Ordinance, waive further reading;

RVPUB\WHS\749044.2

RVPUB\WHS\749044.2

Agenda Item 8.1 Staff Report Page 2 June 7, 2008 2) Authorize the Clerk of the Board to publish a summary of the proposed Ordinance and post a

certified copy of the proposed Ordinance in the Clerk’s office at least five days prior to the July 7, 2008 Board meeting;

3) Authorize staff to agendize this matter for the July 7, 2008 Regular Meeting of the RCA Board

of Directors to vote on the Ordinance; 4) Adopt Ordinance 08-01 at the July 7, 2008 Regular Meeting of the RCA Board of Directors;

and 5) Authorize the Clerk to publish a summary of the Ordinance with the names of the Board

members voting for and against the Ordinance within 15 days after adoption of the Ordinance.

Attachment: Ordinance No. 08-01, Ordinance Establishing a Policy for Property Acquisition

AGENDA ITEM NO. 8.1

ATTACHMENT 1 Ordinance 08-01,

Ordinance Establishing a Policy for

Property Acquisition


ORDINANCE NO. 08-01

WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY

ORDINANCE ESTABLISHING A POLICY FOR PROPERTY ACQUISITION

PREAMBLE The Western Riverside County Regional Conservation Authority (“Authority”) is a public agency of the State of California formed by a Joint Exercise of Powers Agreement (“Agreement”). Pursuant to Section 3.D. of the Agreement, the Authority has the power, in carrying out the purposes of the Agreement, 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. Under Section 17 of the Agreement, the laws of the State of California applicable to a general law city govern the Authority in the manner of exercising its powers. Under Section 15 of the Agreement, acquisition priorities are to be determined by the Authority’s Board of Directors taking into account any recommendations of the Funding Coordination Committee (“FCC”). Pursuant to Government Code sections 37350 et seq., the Authority may purchase, hold, and enjoy real and personal property, and control and dispose of it for the common benefit. The Western Riverside County Regional Conservation Authority ordains as follows: SECTION 1. AUTHORITY. This Ordinance is enacted, in part, pursuant to the provisions of Government Code sections 37350 et seq. This Ordinance repeals and replaces Ordinances No. 04-02 and 06-01.

SECTION 2. AUTHORITY OF EXECUTIVE DIRECTOR FOR LAND ACQUISITION GENERALLY.

2.1 Authority Up To $100,000

The Authority authorizes its Executive Director to perform any or all acts necessary, including the execution of a certificate of acceptance on behalf of the Authority, to approve and accept for the Authority the acquisition of any interest in real property consistent with the Multi-Species Habitat Conservation Plan (MSHCP) in an amount up to $100,000.

2.2 Authority Up To $500,000

The Authority authorizes its Executive Director to perform any or all acts necessary, including the execution of a certificate of acceptance on behalf of the Authority, to approve and accept for the Authority the acquisition of any interest in real property consistent with the MSHCP, with the consent of the FCC Working Group, in an amount up to $500,000. The FCC Working Group shall be comprised of the Executive Director, Deputy Executive Director, the Chairperson of the Funding Coordination Committee, Legal Counsel, and other individuals appointed by the Chairperson of the Authority.

RVPUB\SDEBAUN\675233.3

2.3 Acquisitions Greater than $500,000 Require Board Approval

The acquisition of any interest in real property in an amount greater than $500,000 shall require an affirmative vote of the Authority’s Board of Directors.

SECTION 3. BROADER AUTHORITY TO ACCEPT GIFTS, BEQUESTS AND DEVISES.

Notwithstanding the limitations which would otherwise be imposed under Section 2 of this Ordinance, the Authority authorizes its Executive Director to perform any or all acts necessary, including the execution of a certificate of acceptance on behalf of the Authority, to approve and accept for the Authority the acquisition of any interest in real property consistent with the MSHCP obtained through gift, bequest, or devise made to or in favor of the Authority for any public purpose without regard to the value of the property so obtained.

SECTION 4. ACQUISITION PRIORITIES TO BE DETERMINED BY THE BOARD BASED ON RECOMMENDATIONS OF THE FUNDING COORDINATION COMMITTEE THROUGH THE EXECUTIVE DIRECTOR

Pursuant to Section 15 of the Agreement, the Authority’s Board of Directors shall establish local funding priorities for acquisitions. The Funding Coordination Committee formed by the Board may provide recommendations on these priorities through the Executive Director.

SECTION 5. FORM OF ACQUISITION DOCUMENTS

Standard documents, approved as to form by the Authority’s counsel, shall be used to ensure consistency in the Authority’s land acquisition process. Counsel must approve any deviation from the standard documents.

SECTION 6. MONTHLY REPORT

The Executive Director shall provide a monthly report and map to the Board showing properties acquired under Sections 2.1, 2.2 and 3 of this Ordinance.

July 7, 2008 By:________________________________ Eugene Montanez, Chairperson Western Riverside County Regional Conservation Authority

ATTEST:

By:________________________________ Honey Bernas, Clerk of the Board

Page 2 of 2

AGENDA ITEM NO. 8.2

Resolution No. 08-011 RESOLUTION OF THE BOARD OF

DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION

AUTHORITY MAKING A FINDNIG THAT THE MEMORANDUM OF UNDERSTANDING ENTERED INTO ON JANUARY 16, 2008, BETWEEN THE RCA, THE COUNTY OF RIVERSIDE, AND ANHEUSER-BUSCH,

INCORPORATED, IS VOID ON ITS FACE AND HAS NO FORCE OR EFFECT




RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY MAKING

A FINDING THAT THE MEMORANDUM OF UNDERSTANDING ENTERED INTO ON JANUARY 16, 2008, BETWEEN THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY, THE COUNTY OF RIVERSIDE,

AND ANHEUSER-BUSCH, INCORPORATED, IS VOID ON ITS FACE AND HAS NO FORCE OR EFFECT

Staff Contact: Charles Landry Executive Director (951) 955-9700 Background: On January 16, 2008, RCA entered into a Memorandum of Understanding between, RCA, the County of Riverside, and Anheuser-Busch, Incorporated. The MOU contains conditions precedent which the parties must satisfy in order for the MOU to move forward with implementation of the terms and conditions set forth within the document and Section 2(a) of the MOU states that the MOU shall not be subject to any third party appeal or litigation. In Section 7, the MOU mandates that the Agreement implementing the terms and conditions set forth in the MOU be executed by the Board of Supervisors of the County of Riverside and the Executive Board of RCA, no later than 43 days after the filing and posting of Notice of Determination (“NOD”).

On February 19, 2008, and February 20, 2008, Andrew D. McElhinney and James and Marceleet Stimmel (respectively) filed Verified Petitions for Writ of Mandate and Complaints for Declaratory Relief against the RCA, County and Anheuser-Busch relating to the MOU, (Andrew D. McElhinney, et al. v. County of Riverside, et al., Case No. RIC 493233; and James Stimmel, et al. v. County of Riverside, et al., Case No. RIC 493433). On April, 23, 2008, a letter from John Condas, Counsel for Anheuser-Busch, to all parties of the MOU was received that states that Anheuser-Busch will not waive Condition 2(a) set forth in the MOU and will not proceed forward with the MOU due to pending litigation; On April 24, 2008, a letter was received from Pamela J. Walls, Assistant County Counsel, to John Condas informing all parties to the MOU that the County will not waive Condition 2(a) set forth under the MOU and will not proceed forward with the MOU due to pending litigation.

Agenda Item 8.2 Staff Report Page 2 June 9, 2008 On April 29, 2008, a letter from Geralyn L. Skapik, Counsel for RCA, was sent to Counsel for the McElhinneys and Stimmels forwarding the April 23, 2008, Anheuser-Busch letter and the April 24, 2008, County letter informing Counsel for the Stimmels and McElhinneys that the County, Anheuser-Busch and RCA will not waive Condition 2(a) of the MOU and therefore, it is County, Anheuser-Busch and RCA’s position that the MOU is void on its face and has no force or effect. Further, the time to comply with Section 7 of the MOU has expired. This resolution finds that as a result of the fact that the conditions precedent described in the recitals have not been satisfied, the MOU is void on its face and has no force or effect. Staff Recommendation: That the RCA Board of Directors:

1. Adopt Resolution No. 08-011, A Resolution of the Board of Directors of the Western Riverside County Regional Conservation Authority Making a Finding that the MOU entered into on January 16, 2008, between the RCA, the County of Riverside, and Anheuser-Busch, Incorporated, is Void on Its Face and Has No Force or Effect.

AGENDA ITEM NO. 8.2

ATTACHMENT 1 Resolution No. 08-011

A Resolution of the Board of Directors of the Western Riverside County Regional

Conservation Authority Making a Finding that the MOU entered into on January 16,

2008, between the RCA, the County of Riverside, and Anheuser-Busch,

Incorporated, is Void On Its Face and Has No Force or Effect



RESOLUTION OF THE BOARD OF DIRECTORS OF THE

WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY MAKING A FINDING THAT

THE MEMORANDUM OF UNDERSTANDING ENTERED INTO ON JANUARY 16, 2008, BETWEEN THE WESTERN

RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY, THE COUNTY OF RIVERSIDE, AND

ANHEUSER-BUSCH, INCORPORATED, IS VOID ON ITS FACE AND HAS NO FORCE OR EFFECT

WHEREAS, the laws of the State of California applicable to the general law cities govern the Western Riverside County Regional Conservation Authority (“RCA”) in the manner of exercising its powers;

WHEREAS, RCA desires to address issues relating to the Memorandum of

Understanding (“MOU”) between RCA, the County of Riverside (“County”) and Anheuser-Busch, Incorporated (“Anheuser-Busch”);

WHEREAS, Andrew D. McElhinney and James and Marceleet Stimmel filed Verified Petitions for Writ of Mandate and Complaints for Declaratory Relief against the RCA, County and Anheuser-Busch relating to the MOU, on February 19, 2008 and February 20, 2008, (Andrew D. McElhinney, et al. v. County of Riverside, et al., Case No. RIC 493233; and James Stimmel, et al. v. County of Riverside, et al., Case No. RIC 493433);

WHEREAS, the MOU contains conditions precedent which the parties must

satisfy in order for the MOU to move forward with implementation of the terms and conditions set forth within the document;

WHEREAS, Section 2(a) of the MOU states that the MOU shall not be subject to

any third party appeal or litigation; WHEREAS, a letter dated April 23, 2008, from John Condas, Counsel for

Anheuser Busch to all parties of the MOU states that Anheuser Busch will not waive Condition 2(a) set forth in the MOU and will not proceed forward with the MOU due to pending litigation;

WHEREAS, a letter dated April 24, 2008, from Pamela J. Walls, Assistant

County Counsel, to John Condas informing all parties to the MOU that the County will not waive Condition 2(a) set forth under the MOU and will not proceed forward with the MOU due to pending litigation;

WHEREAS, a letter dated April 29, 2008, from Geralyn L. Skapik, Counsel for

RCA, was sent to Counsel for the McElhinneys and Stimmels forwarding the April 23, 2008, Anheuser-Busch letter and the April 24, 2008, County letter informing Counsel for the Stimmels and McElhinneys that the County, Anheuser-Busch and RCA will not

2

waive Condition 2(a) of the MOU and therefore, it is County, Anheuser-Busch and RCA’s position that the MOU is void on its face and has no force or effect;

WHEREAS, the MOU, Section 7, mandates that the Agreement implementing the terms and conditions set forth in the MOU be executed by the Board of Supervisors of the County of Riverside and the Executive Board of RCA, no later than 43 days after the filing and posting of Notice of Determination (“NOD”);

WHEREAS, the time to comply with Section 7 has expired; WHEREAS, this Resolution finds that because the conditions precedent set forth

above have not been satisfied, the MOU entered into between RCA, the County and Anheuser-Busch, is void on its face and has no force or effect; and

WHEREAS, all other legal prerequisites to the adoption of this Resolution have

occurred.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Western Riverside County Regional Conservation Authority Board of Directors finds that as a result of the fact that the conditions precedent described in the recitals have not been satisfied, the MOU entered into on January 16, 2008, between RCA, the County and Anheuser-Busch, is void on its face and has no force or effect.

PASSED AND ADOPTED at the regular meeting of the Board of Directors at the

Western Riverside County Regional Conservation Authority held this ______day of __________________ 2008.

By: _____________________________

Eugene Montanez, Chairman Western Riverside County Regional Conservation Authority

ATTEST: By: ___________________________

Honey Bernas, Clerk Western Riverside County Regional Conservation Authority

Documents

Western Riverside County Regional Conservation …...Western Riverside County Regional Conservation Authority Established in 2004, the Western Riverside County Regional servation Authority