Temecula-Elsinore-Anza-Murrieta Resource Conservation District
Regular Board Meeting
Thursday, September 14, 2017 4:00 PM
41923 Second Street, Fourth Floor
Temecula, CA 92590
I. PRELIMINARY FUNCTIONS
Call to Order, 4:00 p.m., meeting recorded by Rose Corona
Roll Call/Establish a Quorum
Directors Present: Rose Corona (President); Carol Lee Brady, Judy Guglielmana, Michael Newcomb (arrived late)
Directors absent: David Kuhlman
Associate Directors Present: Rick Neugebauer, Randy Feeney
District Counsel Absent: Tawny Lieu, Greg Priamos
Office Manage Present: Dave McElroy
Natural Resources Conservation District (NRCS) present: Bob Hewitt
Guest Speaker: Mandy Parkes, District Manager, Inland Empire Resource Conservation District (by phone)
Public Guest: Angel Garcia
Approval of Agenda
President Corona called for a motion to approve the agenda with one addition to new business – discussion and update on pond turtle monitoring.
Director Brady moved to approve as amended, and Director Guglielmana seconded. Call for vote. Motion passed 3-0.
II. CONSENT CALENDAR, III. CORRESPONDENCE & IV. GENERAL INFORMATION
President Corona called for a motion to approve the Consent Calendar, all Correspondence and General Information.
Director Guglielmana moved; Director Brady seconded. Call for vote. Motion passed 3-0.
V. ACTION ITEMS/ DISCUSSION CALENDAR
Item 1: Discussion and potential approval of Benton Channel Proposal from Helix/Mission Pacific
President Corona noted that Ms. Mandy Parkes would be providing her report regarding this item by phone, introduced the item and turned the floor over to Ms. Parkes. At this point in the meeting Director Newcomb arrived.
Ms. Parkes referred to handouts in the Board packet, which included a consolidated table summarizing major items of work to be included in the $90,000 figure proposed by Mission Pacific; as well as a cost summary. (Referenced backup documentation may be found in the published Board Packet online.)
Two points that Ms. Parkes emphasized were 1) The amount sufficient to perform tasks under this Benton Channel mitigation and other applicable costs, and 2) The associated scope of work.
In the first section she provided an overview of site characteristics and property protection instruments and current work of site (to memorialize how TEAM RCD is using existing funding.) The next section included detailed figures; the cost breakdown; and methodology used in her calculations.
Ms. Parkes noted that an assumption in her analysis was that there would be a consistent return rate, which would generate funding for enhancement and removal of invasive vegetation. She also provided some recommendations for removal, for timing and methods with the caveat that only aquatically approved herbicides should be used, as is common knowledge/practice amongst technical removal providers.
She stated that most importantly, the annual removal activity as stated in the document is to be measured by performance of the activities outlined. In the event that additional funding becomes available at a later date, the scope may be revisited for review.
Ms. Parkes asked if there were any questions, and Director Brady referred to page 2 of the document (which is available for review in the Board Packet published on the TEAM RCD website) regarding scope of work. Director Brady noted that there was language addressing ongoing threats to ongoing functions, and asked for clarification regarding trash removal. Since the scope of work under the originally agreement had been only for monitoring, but the scope in the proposed new scope referenced trash removal as well, Director Brady asked if the new language in the agreement that outlines responsibilities of TEAM RCD could be more specific regarding this item.
Ms. Parkes agreed that this was an important point to be included, and stated that she would amend the language to include removal of minor trash as well as a definition of the term “minor trash”. Director Brady then asked if items that could cause injury such as needles or hazardous materials would be specifically noted as excluded from the requirement; and Ms. Parkes expanded on the difference between “minor” (chip bags, soda bottles etc. which can be easily picked up and put into a bag) and “major” trash (tires, concrete, unknown liquids, hazardous materials etc. requiring additional work or assistance from an outside party).
Ms. Parkes stated that the scope of work included in the $90,000 should only include minor trash removal, and should not include major trash removal in perpetuity. She said that she would amend that section of her document’s scope of work to address that clarification.
Ms. Parkes continued, outlining Tasks 2 and 3 (supplemental reporting bio-monitoring.) There was general discussion regarding specifics of these tasks and associated breakdown in the funding analysis.
President Corona opened the floor for additional questions and there were none. She summarized, saying that with 1) the completion of the minor amendment to the scope of work by Ms. Parkes and 2) the review of District Counsel, a finalized agreement would need to be written up by the permittee (Mission Pacific) based on TEAM RCD’s scope of work. In addition, she said that Fish & Wildlife would need to provide an approval letter documenting their acceptance of the new scope of work and the limitations of what the $90,000 funding would be able to support. Because Fish & Wildlife and Flood Control are very busy during this time of year, President Corona indicated that she would like to make a motion that will help move the process along once all documents and approvals are in place.
President Corona moved that TEAM RCD accept the $90,000 from Mission Pacific with the understanding that 1) Fish and Wildlife will approve the revised scope of work (amended by Ms. Parkes as requested by Director Brady) and that TEAM RCD is capable of performing that work for the $90,000; and 2) President Corona is given the authority to sign those agreements with only minor changes if needed. She commented that in the even to of any large changes she would hold off signing and bring the item to the Board at the next meeting.
Director Newcomb briefly summarized his understanding of the numbers and how the funding would align with the revised scope of work, and Ms. Parkes and President Corona confirmed that his assumptions were correct.
The Board thanked Ms. Parkes and she disconnected the call.
Director Newcomb seconded the motion. Call for vote. Motion passed 4-0.
Item 2: Discussion and Potential Approval of MOU with Rivers & Land Conservancy to be signed by Board President if only minor changes are made
President Corona summarized the item, noting that it is in line with the standard MOUs (Memorandums of Understanding) with Mission RCD, with Inland Empire RCD, and SAWA’s (Santa Ana Watershed Association) MOU used as a standard. She explained that Rivers and Land Conservancy is also a group that can take conservation easements because they have passed their due diligence with Fish & Wildlife. This would be another partnership to help TEAM RCD keep costs down and expand TEAM RCD’s abilities. As an example, a developer would like someone to take their conservation easement and with this MOU in place TEAM RCD could potentially work together with Rivers & Land Conservancy rather than waiting until such time TEAM RCD has completed full due diligence requirements.
Associate Director Neugebauer noted that the MOU had been reviewed by Legal (District Counsel) and President Corona confirmed that this was the case.
President Corona asked for a motion to approve the MOU with the Rivers & Land Conservancy, and Director Guglielmana moved; Director Brady seconded. Call for vote.
At this point in the meeting Office Manager Dave McElroy pointed out that the opportunity for public comment was available prior to the items being discussed and suggested that the public guest may wish to speak. Mr. Garcia indicated that he was there to merely observe.
Return to call for vote. Motion passed 4-0.
Item 3: Consideration and Potential Acceptance of RFP for Biological Monitoring of Greer Ranch and Adeline Farms – 2 received
Office Manager Dave McElroy provided background on the item, explaining that an RFP had been sent out for services for monitoring Greer Ranch and Adeline Farms, to see if pricing on the existing agreement could be improved. Two bids were received – one from Mission RCD and one from Inland Empire RCD.
Mr. McElroy reported that both bids were higher than TEAM RCD was currently paying and provided a price comparison summary sheet (available for review in the Board Packet published online). There was some general discussion between Director Newcomb, Mr. McElroy, Director Brady, and Associate Director Neugebauer regarding the criteria used for scope of work requirements in the RFP as compared with scope of work that was bid.
Although the RFP and bid analysis did not provide a direct “apples to apples” comparison, after discussion the Board agreed that pricing under the current agreement with SAWA appeared to be most cost effective as compared with other entities’ pricing, and if it could be renewed year-to-year TEAM RCD should move forward with that option.
President Corona requested a motion to reapprove SAWA for the biological monitoring for years 2017 and 2018. Director Guglielmana moved; Director Newcomb seconded. Call for vote. Motion passed 4-0.
Item 4 (inadvertently missed but addressed later in the meeting): Discussion and Potential Approval of Contract Renewal for Dave McElroy
Item 5: Discussion and Potential Approval of Destruction of Obsolete Records
Mr. McElroy introduced the item, and said that TEAM RCD can destroy some records (within state statues) and there are also some that may be electronically saved once the paper record is destroyed due to office space constraints.
President Corona suggested working from 2017 backwards in scanning the appropriate documents and then bringing to the Board a list of those documents. In that way there would be a list of everything that has been destroyed, and all vital documents or those requiring a hard signature (such as minutes) would stay in perpetuity. There was no further discussion.
President Corona moved to bring to the Board, at the next meeting, approval of specific destruction of records (within state statues), which will be needed in order to make room for more files. Director Newcomb seconded. Call for vote. Motion passed 4-0.
VI. OLD BUSINESS
Item 1: Discussion of Due Diligence application with CDFW (California Department of Fish & Wildlife) Ethics and Sexual Harassment Training, Biographies of Board
Mr. McElroy summarized the requirements and reminded the Board that anyone who had not yet completed training was requested to do so. There was some general discussion regarding website Board bios and photos, and the timing of publication.
Item 2: Discussion of Crop Swap and Water Audits
Mr. McElroy reported that since the last Board meeting there have been two new applicants or Crop Swap and one for Irrigation Audit, and that he anticipated that more would be coming in.
Item 3: Update on MOU with Western Riverside County RCA (Regional Conservation Authority)
Mr. McElroy provided a brief background, saying that RCA, TEAM RCD and legal staff are reviewing the agreement, and that Mr. Jonathan Ingram (Chair of the RCA) has been invited had been invited to speak to the Board.
President Corona moved that the item be tabled until Mr. Ingram could be present at the next meeting; Director Brady seconded. Call for vote. Motion passed 4-0.
Item 4: Update on potential for RCDs as a Partner in Programs for Riparian Restoration Resulting from Homeless Citizens Relocation
President Corona reported that she had been attending meetings regarding the homeless from Temecula and Murrieta, and there are several groups working on this issue. She is moving forward with discussions with the City and with Flood Control, and that Fish & Wildlife is working toward trying to get monies. They are also looking toward Regional Quality Water Board for help in getting the watershed restored.
She reminded the Board of the discussion from the previous meeting regarding of each entity’s role in helping with relocating homeless people and their belongings in a safe and dignified manner, and then restoring the watershed to a safe and thriving condition. She noted that TEAM RCD’s role is more in the area of helping to facilitate and build bridges between Army Corps, Flood Control, the City and the community; and then in helping to bring in group such as Rivers and Land or SAWA for restoration and ongoing monitoring of the area once the appropriate entities have addressed the identification, moving and cleanup activities.
VII. NEW BUSINESS
Item 1: Discussion of Notice for Mitigated Negative Declarations sent by City of Murrieta for Development at the NW Corner of Clinton-Keith and Greer Rd., Plus Heritage Hill
Mr. McElroy introduced the item, saying that the City of Murrieta had sent TEAM RCD two proposed developments for review. If the Board would like to provide comments on them, this provided an opportunity to do so. He and President Corona noted that Associate Director Neugebauer was well versed in the area of development and asked for his input.
Associate Director Neugebauer had reviewed them and commented that he didn’t see any mitigation or wetland or any issues (other than the required management plan and other stipulations placed upon them by the Water Board.) There was some general discussion regarding the two sites.
Director Newcomb asked for clarification as to the expectations if TEAM RCD were to review and comment. Mr. Neugebauer responded that TEAM RCD would send a letter acknowledging receipt of their current plans and documents and current status etc; and that we see no impact to the watershed. Director Newcomb them asked if TEAM RCD is simply being asked to comment as a stakeholder vs being requested to review and comment on the negative declaration through due diligence. Associate Director Neugebauer confirmed the the former was his understanding. He continued, saying that any opinions would come from the consultants that each of the developers has hired to review the design, and that the plan check process would be then performed by the City’s engineering and internal staff.
There was further discussion regarding the pros and cons of responding to the notification. The Board agreed that a more in-depth review could be agendized as a discussion item at a later date, and Director Newcomb moved that TEAM RCD respond to the two reviews on the table with a legal comment later. President Corona seconded. Call for vote. Motion passed 4-0.
Item 2: Discussion of WQUIP (Water Quality Improvement Plan) Meeting October 17 Temecula Conference Center
Associate Director Neugebauer reported that TEAM RCD had not yet received an agenda, and referred to a past discussion regarding the homeless situation (trash) as well as excess nutrients that are ending up in the Santa Margarita estuary as possibly contributing to the issue. He noted that a large percentage is being blamed on the Southwest Riverside County region, which may be subject to challenge. There was general discussion regarding the problem and how community partnerships could potentially tie into a solution.
Item 3: Discussion of potential CDFW Violation (De Portola Road and Monte De Oro Road)
President Corona described the location and details of the potential violation and requested that this item be tabled pending additional details being provided.
Items 4-6: CSDA Annual Conference September 25-28 Monterey, Registration Information and CARCD Annual Conference November 15-18, 2-18 Sacramento Registration, Invitation and Preliminary Agenda; SoCal Inland Region Area Meeting November 4, 2017 Rancho Cucamonga
President Corona noted that registration information and further details were in the Board Packet if any of the Board would like to attend any of these events.
She noted that the added agenda item regarding the pond turtle survey being done for the nature conservancy could be addressed at this time. There had been a “blip” because the principal tasked with the monitoring had accepted another job and was no longer available to perform the work. President Corona and Office Manager McElroy will work on a solution so that the reporting requirements are addressed. President Corona said that an update would be provided as a report in the next meeting.
VIII. ORAL/WRITTEN REPORTS
1. NCRS Bob Hewitt: Mr. Hewitt reported that NCRS is working on eight contracts for farmers in the area, and that HOA work (Meadowview) is coming along well, He went into some detail regarding Flood Control’s review of design and permitting. There was general discussion regarding timing and details of permitting.
2. TEAM RCD Director Reports Open:
Rose Corona: Nothing additional to report
David Kuhlman: Absent
Carol Lee Brady: Nothing to report
Judy Guglielmana: Nothing to report
Michael Newcomb: Nothing to report
3. Associate Director Reports Open:
Rick Neugebauer: Nothing to report
Randy Feeney: Nothing to report
4. SAWA/Fire Safe Reports: Nothing to report
5. District Counsel, Gregory P. Priamos/Tawny Lieu: Not present
6. Office Manager Dave McElroy
At this point on the meeting Mr. McElroy noted that item six regarding renewal of his contracted had been inadvertently missed. President Corona apologized and moved to approve Mr. McElroy’s contract as Office Manager for renewal. Director Guglielmana seconded. Call for vote. Motion passed 4—0.
Mr. McElroy continued his report with an update regarding the first report due to the Department of Conservation (DOC) for completion and the first draw upon the grant. He added that the other grant for visioning and long-range planning would be addressed by a committee established as President Corona, Director Newcomb, and himself; and said that a conference call with the consultant would be taking place the following Tuesday. Individual meetings between Directors and the Consultant will then take place along with a possible future retreat to discuss the vision and mission of the Board for TEAM RCD.
IX. FUTURE AGENDA ITEMS
President Corona asked for a motion to adjourn, and Director Guglielmana moved; President Corona seconded. Call for vote. Motion passed 4-0.
Carol Lee Brady -Secretary/Treasurer Date