HomeMy WebLinkAboutWildlife Conservation Board minutes for the September 4th, 2013 meeting BUTTE COUNTY
ADMINISTRATION
DEC 13 2013
STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY nuncnt i P_CALIFORNIA EDMUND G. BROWN JR.,Governor
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
WILDLIFE CONSERVATION BOARD
1807 131"STREET,SUITE 103
SACRAMENTO,CALIFORNIA 95811
(916)445-8448
FAX(916)323-0280
www.wcb.ca.Qov 14440 olt jpenvisats
State of California
Natural Resources Agency DEC 13 2013
California Department of Fish and Wildlife OROVW,E,
unLIFORIVul
WILDLIFE CONSERVATION BOARD
Minutes
September 4, 2013
ITEM NO. PAGE NO.
1. Roll Call 1
2. Funding Status — Informational 3
3. Special Project Planning Account— Informational 8
*4. Proposed Consent Calendar (Items 4-11) 10
*5. Approval of Minutes —June 4, 2013 10
*6. Recovery of Funds 10
*7. Leininger and C&R Ranches 14
Habitat Improvement, CEQA and Design
Tehama County
*8. CDFW Land Management Plan 18
Knoxville Wildlife Area
Napa County
*9. Puma Canyon, Expansions 3 and 4 20
San Bernardino County
*10. Burcham and Wheeler Flat, Expansion 1 (Winter) 24
Mono County
*11. Western Riverside County, MSCP (2012) — Nelson 28
Riverside County
12. Gray Lodge Wetland Enhancement and Pump Restoration 33
Butte County
13. Dos Rios Riparian Restoration 37
Stanislaus County
14. San Joaquin River, Hidden Valley Ranch 42
Stanislaus County
15. Palo Verde Ecological Reserve, Expansion.3 50
Riverside County
16. San Diego River (Palmer) 55
San Diego County
17 San Dieguito River Riparian Habitat Restoration 61
San Diego County
18. Strategic Plan Update 65
Program Statement 68
*Consent Calendar
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY - EDMUND G.BROWN JR.,Governor
DEPARTMENT OF FISH AND WILDLIFE
WILDLIFE CONSERVATION BOARD
1807 13Th STREET,SUITE 103
SACRAMENTO,CALIFORNIA 95811
(916)445-8448
FM(916)323-0280.1
www.wcb:ca.ov
WILDLIFE CONSERVATION BOARD
September 4, 2013
The Wildlife Conservation Board met on Wednesday, September 4, 2013, at the
State Capitol, Room 112, in Sacramento, California. Mr. Michael Sutton,
President of the California Fish and Game Commission, called the meeting to
order at 1:00 P.M. Mr. John Donnelly, Executive Director of the Wildlife
Conservation Board, performed the roll call. The following Board members/staff
were present at this meeting: Ms. Karen Finn, Program Budget Manager,
Department of Finance; Mr. Michael Sutton , President of the CA Fish and Game
Commission; Mr. John Donnelly, Executive Director of the Wildlife Conservation
Board; Ms. Natalya Kulagina, Mr. Donnelly's Assistant; Ms. Rachelle Caouette,
Senator Fuller's representative; and Ms. Diane Colborn, Assembly Member
Rendon's representative.
1. Roll Call
WILDLIFE CONSERVATION BOARD MEMBERS
Ana Matosantos, Member
Director, Department of Finance
Vice, Karen Finn
Michael Sutton, Member
President, Fish and Game Commission
JOINT LEGISLATIVE ADVISORY COMMITTEE
Senator Jean Fuller
Vice, Rachelle Caouette
Assembly Member Anthony Rendon
Vice, Diane Colborn
EXECUTIVE DIRECTOR
John P. Donnelly
September 4, 2013, WCB Board Meeting Minutes
Wildlife Conservation Board staff present:
•
John P. Donnelly, Executive Director Elizabeth Hubert, Public Land Management Specialist IV
Dave Means, Assistant Executive Director Erin Ingenthron, Office Technician (Typing)
Peter Perrine, Assistant Executive Director Jasen Yee, Associate Land Agent
• Ashley Lackey, Staff Services Analyst Kurt Weber, Senior Land Agend
Bill Gallup, Senior Land Agent(RA) Liz Yokoyama, Senior Land Agent
Brian Gibson, Senior Land Agent Lloyd Warble, Staff Services Analyst
Candice Marg, Associate Land Agent Nancy Templeton, Chief Counsel
Celestial Baumback, Staff Services Analyst Natalya Kuiagina, Executive Assistant
Chad Fien, Public Land Management Specialist IV Roxanne Woodward, Budget and Fiscal Officer(RA)
Colin Mills, Staff Counsel Scott McFarlin, Public Land Management Specialist IV
Cynthia Alameda, Budget and Fiscal Officer Teri Muzik, Senior Land Agent
Dawn Otiz-Drown, Grant Coordinator Terry Roscoe, Public Land Management Specialist IV
Others present:
Chris Hayes, Department of Fish and Wildlife John Carlon, River Partners
Monica Schmalinberger, Senator Pavley's Office Julie Rentner, River Partners
Katherine Kynett, Delta Conservancy Michael Cook, River Partners
Virginia Getz, Ducks Unlimited, Inc. David Neubert, River Partners
Darla Guenzler, CA Council of Land Trusts Brian Beck, Western Riverside County RCA
•
•
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September 4, 2013,WCB Board Meeting Minutes
Mr. Donnelly reported that agenda item #2, the funding status, provides the
information to the Board and public on status of all of the Wildlife
Conservation Board (Board/WCB) funds. Mr. Donnelly added that he
would be happy to answer any questions on that item. Mr. Sutton
commented that we have about $350 million left in our coffers, not counting
what we are going to approve today, and he keeps getting rumors that
people are under the impression that all that money had been allocated
ahead of time and there is no flexibility left. Mr. Sutton asked Mr. Donnelly
to clarify that information. Mr. Donnelly responded that the recap of
balances on page 5 of this agenda is a recap of all of WCB funding
sources, and that money has been provided to the WCB to do projects; we
do have some projects in the pipeline that would take up a portion of those
funds, but they are not all committed. Mr. Donnelly went on to explain that
we can't officially commit any funding until we get the Board's authorization
to do so. Mr. Sutton thanked Mr. Donnelly for his comments.
2. Funding Status — Informational
The following funding status depicts Capital Outlay appropriations by year
of appropriation and by fund source and fund number.
(a) 2013-14 Wildlife Restoration Fund, (0447)
Budget Act $1,000,000.00
Previous Board Allocations -0.00
Unallocated Balance $1,000,000.00
(b) 2013-14 Habitat Conservation Fund, (0262)
Budget Act $20,663,000.00
Previous Board Allocations -0.00
Unallocated Balance $20,663,000.00
•
(c) 2012-13 Habitat Conservation Fund, (0262)
Budget Act $20,663,000.00
Previous Board Allocations -35,000.00
Unallocated Balance $20,628,000.00
(d) 2011-12 Habitat Conservation Fund, (0262)
Budget Act $20,663,000.00
Previous Board Allocations 4,677,213.00
Unallocated Balance $15,985,787.00
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September 4, 2013, WCB Board Meeting Minutes
(e) 2010-11 Habitat Conservation Fund, (0262)
Budget Act $20,668,000.00
Previous Board Allocations -15,390,833.00
Unallocated Balance $5,277,167.00
(f) 2009-10 Habitat Conservation Fund, (0262)
Budget Act $20,668,000.00
Previous Board Allocations -18,293,750.82
Unallocated Balance $2,374,249.18
(g) 2008-09 Habitat Conservation Fund, (0262)
(2012-13 Reappropriation)
Budget Act $20,668,000.00
Previous Board Allocations -15,644,079.00
Unallocated Balance $5,023,921.00
(h) 2007-08 Habitat Conservation Fund, (0262)
(2011-12 Reappropriation)
Budget Act $20,674,000.00
Previous Board Allocations -16,775,217.05
Unallocated Balance $3,898,782.95
(i) 2006-07 Habitat Conservation Fund, (0262)
(2013-14 Reappropriation)
Budget Act $20,699,000.00
Previous Board Allocations -19,437,125.30
Unallocated Balance $1,261,874.70
(j) 2004-05 Habitat Conservation Fund, (0262)
Budget Act $646,714.11
Previous Board Allocations -0.00
Unallocated Balance $646,714.11
(k) 1999-00 Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Fund, (0005)
Continuously Appropriated [Sec. 5096.350 (a)(1), (2), (4) & (7)] $36,100,000.00
Previous Board Allocations -30,729;330.45
Unallocated Balance $5,370,669.55
4
September 4, 2013, WCB Board Meeting Minutes
(I) 2001-02 California Clean Water, Clean Air, Safe Neighborhood Parks and
Coastal Protection Fund, (6029)
Continuously Appropriated (Section 5096.650) $273,000,000.00
Previous Board Allocations -237,299,160.58
Unallocated Balance $35,700,839.42
(m) 2002-03 Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002, (6031)
Continuously Appropriated (Sections 79565 and 79572),
including Chapter 81, Statutes of 2005 $814,350,000.00
2003-04 Budget Act Transfer to HCF from Section 79565 -21,000,000.00
2004-05 Budget Act Transfer to HCF from Section 79565 -21,000,000.00
2005-06 Budget Act Transfer to HCF from Section 79565 -4,000,000.00
2005-06 Budget Act Transfer to HCF from Section 79572 -3,100,000.00
2006-07 Budget Act Transfer to HCF from Section 79572 -17,688,000.00
2007-08 Budget Act Transfer to HCF from Section 79572 -5,150,000.00
2008-09 Budget Act Transfer to HCF from Section 79572 -1,000,000.00
Previous Board Allocations -672,990,883.49
Unallocated Balance $68,421,116.51
(n) 2009-10 Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Fund of 2006, (6051)
(2013-14 Reappropriation)
Budget Act (San Joaquin River Conservancy Projects) $4,800,000.00
Previous Board Allocations -0.00
Unallocated.Balance $4,800,000.00
(o) 2009-10 Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Fund of 2006, (6051)
(2013-14 Reappropriation)
Chapter 2, Statutes of 2009 (SB 8) $15,500,000.00
Previous Board Allocations -0.00
Unallocated Balance $15,500,000.00
(p) 2008-09 Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Fund of 2006, (6051)
(2011-12 Reappropriation)
Budget Act (NCCP Section 75055(c)) $25,000,000.00
Previous Board Allocations -7,898,798.50
Unallocated Balance $17,101,201.50
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September 4, 2013, WCB Board Meeting Minutes
(q) 2007-08 Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Fund of 2006 , (6051)
(2013-14 Appropriation)
Budget Act (Section 75055(d)(1)) 1,279,000.00
Previous Board Allocations -1,082,790.00
Unallocated Balance $196,210.00
(r) 2007-08 Safe Drinking Water, Water.Quality and Supply, Flood
Control, River and Coastal Protection Fund of 2006, (6051)
(2013-14 Appropriation)
Budget Act (Section 75055(d)(2)) $1,500,000.00
Previous Board Allocations -927,437.48
Unallocated Balance $572,562.52
(s) 2007-08 Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Fund of 2006, (6051)
(2013-14 Appropriation)
Budget Act (Section 75055(d)(4)) $2,368,000.00
Previous Board Allocations -247.874.48
Unallocated Balance $2,120,125.52
(t) 2006-07 Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Fund of 2006,
(6051)
Continuously Appropriated (Section 75055a) $164,700,000.00
Previous Board Allocations -86,324,008.50
Unallocated Balance $78,375,991.50
Continuously Appropriated (Section 75055(b)) $123,525,000.00
Previous Board Allocations -96,340,919.03
Unallocated Balance $27,184,080.97
RECAP OF FUND BALANCES
Wildlife Restoration Fund (a) $1,000,000.00
Habitat Conservation Fund (b), (c), (d), (e), (f), (g), (h), (i) and (j) $75,759,495.94
Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Fund (k) $5,370,669.55
California Clean Water, Clean Air, Safe Neighborhood Parks
and Coastal Protection Bond Fund (I) $35,700,839.42
Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002 (m) $68,421,116.51
Safe Drinking Water, Water Quality and Supply, Flood Control,
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September 4, 2013, WCB Board Meeting Minutes
River and Coastal Protection Fund of 2006 (n), (o), (p), (q),
(r),(s) and (t) $145,850,172.01
TOTAL ALL FUNDS $332,102,293.43
RECAP OF NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF
2000
Chapter 113, Statutes of 2000 and Chapter 715, Statutes of 2004
Tax credits awarded through June 30, 2008 $48,598,734.00
Chapter 220, Statutes of 2009 (effective January 1, 2010)
Tax credits awarded $0.00
SUMMARY OF BOND CASH
The following summary provides the status of the up-front general obligation
bond sale proceeds that the Wildlife Conservation Board has received since the
spring of 2009.
Bond Fund Authorized GO Expenditures Encumbrances Cash Balances
Bond Proceeds through , through Includes
07/15/13 06/30/13 Encumbrances
Proposition 12 $12,621,973.31 $9,241,712.56 $101,000.00 $3,279,260.75
Proposition 40 $91,808,942.78 $64,290,116.71 $20,883,563.45 $6,635,262.62
Proposition 50 $127,970,436.60 $58,127,692.31 $42,272,121.07 $27,570,623.22
Proposition 84 ' $293,413,688.65 $201,420,073.39 $33,345,842.03 $58,647,773.23
Proposition 1E $65,710,238.22 $38,360,556.14 $9,551,688.43 $17,797,993.65
Grand Totals $591,525,279.56 $371,440,151.11 $106,154,214.98 $113,930,913.47
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September 4, 2013, WCB Board Meeting Minutes
3. Special Project Planning Account— Informational
The Board has historically used a special project account to provide
working funds for staff evaluation (appraisals, engineering, preliminary title
reports, etc.) of proposed projects. Upon the Board's approval of a project,
all expenditures incurred and recorded in the Special Project Planning
Account are transferred to the Board approved project account which then
reduces the Special Project Planning Account expenditures. This
procedure provides a revolving account for the pre-project expenses.
Some appropriations now made to the Board do not include a specific
budgeted planning line item appropriation necessary to begin a project
without prior Board authorization. Pre-project costs are a necessary
expenditure in most all capital outlay projects. The Special Project
Planning Account is available to be used for these costs.
The Board, at the May 6, 1986 meeting, authorized the Executive Director
to use up to 1% of a budgeted appropriation to set up and maintain an
appropriate planning account with the provision it would be reported to the
Board as an informational item.
Accordingly, a planning account has been set up as follows:
Habitat Conservation Fund $250,000.00
Wildlife Restoration Fund $10,000.00
Clean Water, Clean Air, Safe Neighborhood Parks and Coastal
Protection Fund $100,000.00
Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Fund of 2006 $150,000.00
Mr. Donnelly pointed out that the balances represented here are larger than the
Board is accustomed to see and commented that costs have gone up.
Mr. Donnelly explained that these funds are to provide funding for pre-project
costs, such as appraisal cost, appraisal review cost, phase one site assessment
cost, survey cost, etc. Mr. Donnelly said that over the last year and a half
appraisal costs have gone up considerably, and appraisal cost can be broken
down into three categories: actual appraisal itself; appraisal review costs charged
by the Department of General Services; the independent appraisal reviews for
projects contemplating a contribution of$5,000,000 or greater by WCB.
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September 4, 2013, WCB Board Meeting Minutes
Mr. Donnelly pointed out that we are clearly underneath the 1% total of all the
funds that we have had, so we have not reached the 1% even with these
amounts reflected in this agenda item.
Ms. Finn asked if the 1% is total appropriation or annual. Mr. Donnelly
responded that the 1% is total of the annual appropriation. Ms. Finn asked if
most of the Board's funds are continuously appropriated. Mr. Donnelly confirmed
that they are and clarified that we have only taken a very small percentage of that
amount over time —typically, it was 30 to 50 thousand dollars, and the biggest
amount taken was $150,000.00. Ms. Finn asked to confirm if we have ever taken
more than 1%. Mr. Donnelly responded that we have never exceeded 1%.
Mr. Sutton asked if we are paying more for appraisals than other parties.
Mr. Donnelly replied that we are not paying more for appraisals than anyone
else, and added that it just the costs of doing them have gone up.
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September 4, 2013, WCB Board Meeting Minutes
4. Proposed Consent Calendar (Items 4-11)
Mr. Donnelly asked if there were any questions or public comments on the
agenda items 4 through 11. There were none.
As one of the consent items heard at the beginning of the meeting, it
was moved by Ms. Finn that the Wildlife Conservation Board approve
Consent Calendar Items 4-11 as proposed in the individual agenda
explanations.
Motion carried.
*5. Approval of Minutes —June 4, 2013
As one of the consent items heard at the beginning of the meeting, it
was moved by Ms. Finn that the Wildlife Conservation Board approve
the Minutes of the June 4, 2013, Board meeting.
Motion carried.
*6. Recovery of Funds
The following projects previously authorized by the Board are now
completed, and some have balances of funds that can be recovered and
returned to their respective funds. It is recommended that the following
totals be recovered and that the projects be closed.
$8,746.00 to the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund
$13,353.00 to the Habitat Conservation Fund
$33,289.00 to the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Fund
$38,964.26 to the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002
$6,752,159.09 to the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal
Protection Fund of 2006
SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND
COASTAL PROTECTION BOND FUND
Allensworth Ecological Reserve, Expansion 26, Tulare County
Allocated $2,900.00
Expended -2,900.00
Balance for Recovery $0.00
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September 4, 2013, WCB Board Meeting Minutes
Joshua Tree North Linkage - Section 33, San Bernardino County ,
Allocated $695,000.00
Expended -686,254.00
Balance for Recovery $8,746.00
Total Safe Neighborhood Parks, Clean Water, Clean $8,746.00
Air, and Coastal Protection Bond Fund
HABITAT CONSERVATION FUND
Daugherty Hill Wildlife Area, Expansion 13, Yuba County
Allocated $2,740,000.00
Expended -2,737,522.00
Balance for Recovery $2,478.00
Habitat Restoration, Mill Creek Watershed, Del Norte County
Allocated $500,000.00
Expended -500,000.00
Balance for Recovery $0.00
Ocean Meadows, Santa Barbara County
Allocated $910,000.00
Expended -900,000.00
Balance for Recovery $10,000.00
Santa Clara River Watershed, Teyton, Ventura County
Allocated $1,010,000.00
Expended -1,009,125.00
Balance for Recovery $875.00
Swiss Ranch Conservation Easement, Expansion 4; Calaveras County
Allocated $555,000.00
Expended -555,000.00
Balance for Recovery $0.00
Total Habitat Conservation Fund $13,353.00
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD
PARKS, AND COASTAL PROTECTION FUND
Black Mountain Preserve, Expansion 4 (Kimbler), Fresno County
Allocated $1,240,000.00
Expended -1,233,872.00
Balance for Recovery $6,128.00
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September 4, 2013, WCB Board Meeting Minutes
Puma Canyon, and Expansions 1 and 2 (Swart, J. Cox, and M&B Cox),
San Bernardino County
Allocated $488,000.00
Expended -471,175.00
Balance for Recovery $16,825.00
San Antonio Valley Ecological Reserve Expansion 1, Santa Clara County
Allocated $868,000.00
Expended -857,664.00
Balance for Recovery $10,336.00
Total California Clean Water, Clean Air, Safe $33,289.00
Neighborhood Parks, and Coastal Protection Fund
WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND
BEACH PROTECTION FUND OF 2002
Habitat Restoration, Mill Creek Watershed, Del Norte County
Allocated $3,020,000.00
Expended -2,981,035.74
Balance for Recovery $38,964.26
Total Water Security, Clean Drinking Water, Coastal $38,964.26
and Beach Protection Fund of 2002
SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD
CONTROL, RIVER AND COASTAL PROTECTION FUND OF 2006
Campstool Ranch, Calaveras County
Allocated $2,761,055.00
Expended -2,751,294.46
Balance for Recovery $9,760.54
Laguna Mountain Skipper, Palomar Mountain (Mendenhall), San Diego
County
Allocated $15,000.00
Expended -7,601.45
Balance for Recovery $7,398.55
Wild Cherry Canyon, San Luis Obispo County
Allocated $6,735,000.00
Expended -0.00
Balance for Recovery $6,735,000.00
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September 4, 2013,WCB Board Meeting Minutes
Total Safe Drinking Water, Water Quality and $6,752,159.09
Supply, Flood Control, River and Coastal Protection
Fund of 2006
Mr. Donnelly reported that we typically do not have a recovery with this
amount of dollars, and the $6,735,000 is the result of the Wild Cherry
Canyon project not going forward - the Board allocated $6 million to that
project, so we are recovering this funding, and it will go back into
Proposition 84 and will be used for future projects.
As one of the consent items heard at the beginning of the meeting, it
was moved by Ms. Finn that the Wildlife Conservation Board approve
the Recovery of Funds for the projects listed on pages 8 through 10
of the agenda and close the project accounts. Recovery totals
include $8,746.00 to the Safe Neighborhood Parks, Clean Water,
Clean Air, and.Coastal Protection Bond Fund; $13,353.00 to the
Habitat Conservation Fund; $33,289.00 to the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund;
$38,964.26 to the Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002; and $6,752,159.09 to the Safe
Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Fund of 2006.
Motion carried.
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September 4, 2013, WCB Board Meeting Minutes
*7. Leininger and C&R Ranches $60,000.00
Habitat Improvement, CEQA and Design
Tehama County
This proposal was to consider the allocation for a grant to the Tehama
County Resource Conservation District (TCRCD), for a cooperative project
with the landowners and the Natural Resources Conservation Service to
initiate planning, design, and environmental review for potential future
habitat improvements on two ranches in Tehama County: the Leininger
Ranch and the C&R Ranch, located approximately 10 miles east and 17
miles west of the City of Corning, respectively.
LOCATION AND SURROUNDING USES
Leininger Ranch. The 12,000-acre Leininger Ranch consists of three
properties located 4.7 miles northeast of Vina off Leininger Road. Deer
Creek passes within the northern and western boundaries of the ranch
property. The Leininger Ranch is protected with a conservation easement
held by The Nature Conservancy.
The Leininger Ranch was originally a part of Leland Stanford's 33,000-
acre Vina Ranch. In addition to being currently managed as a cattle
ranch, the Leininger Ranch is also used for upland game and waterfowl
hunting. A hunting lodge is located on one of the ridge tops, and duck
blinds are located adjacent to the large bermed ponds in the southwestern
portion of the property.
The ranch contains several natural hydrological features including creeks,
vernal pools and swales, and a small groundwater spring. Deer Creek
flows through the northern and northwestern boundaries of the ranch
property before it reaches its confluence with the Sacramento River,
approximately five miles southwest of the ranch property. Deer Creek
provides important aquatic habitat for numerous native fish, including
anadromous salmonids, as well as invertebrates, plants, and other wildlife
species. The ranch also contains several seasonal drainages, including
the headwaters of the main branch of Brush Creek, as well as the West
and Middle Fork tributaries of Brush Creek. These seasonal drainages
provide important temporary aquatic habitat for numerous native plant,
invertebrate, and wildlife species.
C&R Ranch. The C&R Ranch is a 330-acre ranch located just east of
Paskenta, in Tehama County, California, approximately 22 miles
southwest of Red Bluff. The ranch lands are located in the Thomes Creek
watershed and include a portion of Thomes Creek at the lower elevations
and one unnamed intermittent creek and several ephemeral creeks that
flow through the ranch.
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September 4, 2013, WCB Board Meeting Minutes
Much of the lower-elevation floodplain portion of the ranch was farmed
historically which removed native oaks and other woody vegetation. The
ranch has been extensively grazed for decades, which has suppressed
the recruitment of riparian and other native vegetation.
PROJECT DESCRIPTION
The project will consist of environmental review, planning and design for
habitat improvements on both ranches.
Leininger Ranch. This grant will include design, permitting, and CEQA
documentation necessary to improve two existing stock ponds and five
existing year round springs. The design of the stock pond repair will be
completed by the Natural Resources Conservation Service (NRCS).
TCRCD will be the lead agency for CEQA and permitting on the.project.
C&R Ranch. Work includes planning, site assessments, soil analyses,
design of habitat restoration, enhancement, and hedgerow planting
projects for three phases of wildlife corridor improvements on the ranch.
The three phases include three fenced subunits of the wildlife corridor
which are associated with an intermittent stream flowing through the
center of the property. Phase A would include the downstream reach of
the stream and valley terraces; Phase B would include the middle reach of
the stream and several ephemeral tributaries in the central portion of the
ranch, including an approximately two-acre perennial pond; and Phase C
would include the upstream reach of the creek and several ephemeral
tributaries in the upstream portion of the ranch.
The project will include the design of approximately 1,600-feet of
hedgerow plantings as habitat for wildlife and pollinators. Site
assessments will include the excavation and analysis of soil pits to gain
information about soil type and subsurface hydrologic conditions. Results
of the site assessments will inform designs for woody vegetation, native
grass restoration, emergent marsh plantings, waterfowl nesting platforms,
pond turtle basking structures, and a bat roosting structure.
WCB PROGRAM
The proposed project will be funded through the Ecological Restoration on
Agricultural Lands Program and meets the Program's goal of assisting
landowners in developing sustainable wildlife-friendly practices on
agricultural property that can co-exist with ongoing operations.
MANAGEMENT OBJECTIVES AND NEEDS
This project consists of environmental review and planning for future
restoration activities on portions of the Leininger and C&R ranches. It is
expected that recommended actions from this project on the two ranches
may partially be funded through a future Wildlife Conservation Board
(WCB) proposal. At that time, management of the project will ultimately
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September 4, 2013, WCB Board Meeting Minutes
be incorporated into wildlife-friendly agricultural practices at each Ranch
with TCRCD technical assistance to the landowners throughout the
planned 25-year life of that project.
PROJECT FUNDING
Contributors
Task Descriptions NRCS Landowners WCB Total
Project Administration 5,400 $5,400
Project Design 6,408 1,980 31,000 $39,388
Permitting and CEQA 4,000 13,700 $17,700
Project Management 9,900 $9,900
Totals $10,408 $1,980 $60,000 $72,388
FUNDING SOURCE
The proposed funding source for this project is the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection
Fund of 2006 (Proposition 84), Public Resources Code Section
75055(d)(4). This funding allows for projects to assist farmers in
integrating agricultural activities with ecosystem restoration and wildlife
protection, and is consistent with the objectives of this project.
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
The project is exempt from the California Environmental Quality Act
(CEQA) pursuant to the State CEQA Guidelines (California Code of
Regulations, Title 14, Chapter 3, Section 15262, Planning and Feasibility
Studies). Subject to approval by the WCB, the appropriate Notice of
Exemption will be filed with the State Clearinghouse. The California
Department of Fish and Wildlife has reviewed this proposal and
recommends it for funding by the WCB.
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board approve this
project as proposed; allocate $60,000.00 from Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Fund of
2006 (Proposition 84), Public Resources Code Section 75055(d)(4);
authorize staff to enter into appropriate agreements necessary to
accomplish this project; and authorize staff and the California Department
of Fish and Wildlife to proceed substantially as planned.
As one of the consent items heard at the beginning of the meeting, it
was moved by Ms. Finn that the Wildlife Conservation Board approve
this project as proposed; allocate $60,000.00 from Safe Drinking
Water, Water Quality and Supply, Flood Control, River and Coastal
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September 4, 2013, WCB Board Meeting Minutes
Protection Fund of 2006 (Proposition 84), Public Resources Code
Section 75055(d)(4); authorize staff to enter into appropriate
agreements necessary to accomplish this project; and authorize staff
and the California Department of Fish and Wildlife to proceed
substantially as planned.
Motion carried.
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September 4, 2013, WCB Board Meeting Minutes
*8. CDFW Land Management Plan Knoxville Wildlife Area $172,500.00
Napa County
This proposal was to consider the allocation for a grant to the California
Wildlife Foundation for a cooperative project with the California
Department of Fish and Wildlife (CDFW) to complete and deliver a land
management plan for CDFW's Knoxville Wildlife Area located north of
Lake Berryessa, in Napa County.
LOCATION AND SURROUNDING USES
Knoxville Wildlife Area (KWA) is located in the inner north coast range of
California at the northeast end of Napa County about six miles north of
Lake Berryessa along the Berryessa-Knoxville Road. KWA comprises
over 20,000 acres of oak woodland, grassland, riparian, and chaparral
habitat.
PROJECT DESCRIPTION
The scope of this project is to update the existing KWA land management
plan (LMP) by including new land parcels, conducting basic inventories of
biological resources on the new parcels, and adopting best management
practices to conserve and enhance the wildlife area's natural resources.
These wildlife area lands are large and have a diverse assemblage of
habitat types and wildlife species. The complexity and length of the LMP
will be determined by the property's management requirements.
The LMP is to be prepared according to CDFW guidelines, A Guide and
Annotated Outline for Writing Land Management Plans, and other local or
federal agency requirements as necessary. The LMP is to be written to
fulfill CEQA and CESA requirements. The product will be suitable for
CEQA review and approval.
An important part of the planning process fora LMP is inviting public input.
This wildlife area is becoming more important to nearby residents as a
general recreation and hunting area. The LMP must present to the public
CDFW's objectives for managing the wildlife area lands and describe in
some detail any potential conflicts with wildlife inherent in allowing free
and uncontrolled access to the area.
The scope of work with this agreement will include delivery of a draft
approved LMP and related environmental documents no later than two
fiscal years from the contract start date.
WCB PROGRAM
Under Proposition 40, Wildlife Conservation Board (WCB) specifically
received funding to prepare management plans for properties acquired in
fee by the WCB.
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September 4, 2013, WCB Board Meeting Minutes
PROJECT FUNDING
The proposed funding breakdown for the project is as follows:
Cost estimate for the project:
Plan Update Contracts $150,000.00
Grant Administration 22,500.00
Total Amount Requested: $172,500.00
WCB is the sole source of funding for the project. Project costs of
$172,500.00 will be for the preparation of the KWA LMP and for the
circulation and finalization of the appropriate CEQA documentation for that
plan.
FUNDING SOURCE
The proposed funding source for this project is the California Clean Water,
Clean Air, Safe Neighborhood Parks and Coastal Protection Fund
(Proposition 40), Public Resources Code Section 5096.650(a), which
provides funding to prepare management plans for properties acquired in
fee by the WCB and is consistent with the objectives of this project.
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
The project is exempt from the California Environmental Quality Act
(CEQA) pursuant to the State CEQA Guidelines (California Code of
Regulations, Title 14, Chapter 3, Section 15262, Planning and Feasibility
Studies). Subject to approval by the WCB, the appropriate Notice of
Exemption will be filed with the State Clearinghouse. The California
Department of Fish and Wildlife has reviewed the proposal and
recommends it for funding by the Board.
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board approve this
project as proposed; allocate $172,500.00 from the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Fund
(Proposition 40), Public Resources Code Section 5096.650(a); authorize
staff and the California Department of Fish and Wildlife to enter into
appropriate agreements necessary to accomplish this project; and
authorize staff and the California Department of Fish and Wildlife to
proceed substantially as planned.
As one of the consent items heard at the beginning of the meeting, it
was moved by Ms. Finn that the Wildlife Conservation Board approve.
this project as proposed; allocate $172,500.00 from the California
Clean Water, Clean Air, Safe Neighborhood Parks and Coastal
Protection Fund (Proposition 40), Public Resources Code Section
5096.650(a); authorize staff and the California Department of Fish
and Wildlife to enter into appropriate agreements necessary to
accomplish this project; and authorize staff and the California
Department of Fish and Wildlife to proceed substantially as planned.
Motion carried.
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September 4, 2013, WCB Board Meeting Minutes
*9. Puma Canyon, Expansions 3 and 4 $558,000.00
San Bernardino County
This proposal was to consider the allocation for a grant to the Transition
Habitat Conservancy (THC) for a cooperative project with California
Department of Fish and Wildlife (CDFW), Office of Spill Prevention and
Response (OSPR), to acquire fee title to two separate properties totaling
137± acres, to conserve and protect lower montane chaparral and
woodland habitat for the benefit of deer and other wildlife species that are
located in the western upper Mojave Desert ecoregion.
LOCATION AND SURROUNDING USES
The subject properties (Properties), known as Saylor (±72 ac.) and Tidwell
(±65 ac.), are located within Puma Canyon, located approximately five
miles south of the community of Pinon Hills, south of State Route 138. At
the Wildlife Conservation Board's (WCB) March 2013 meeting, the Board
approved the Puma Canyon acquisition and expansions 1 and 2 totaling
124± acres. These properties are located next to and adjoin the Saylor
property. The Tidwell property is located approximately 1/8 mile east of
this block of properties.
Surrounding land uses are primarily rural/suburban home sites. Puma
Canyon provides a habitat link between the southern slopes of the San
Gabriel Mountains (that lie within the San Bernardino National Forest),
stretching north and connecting with the southwest region of the Mojave
Desert. It ranges in elevation from 4,470 to 5,658 feet and contains a
unique blend of vegetative communities that only occur at the transition
zone between the Mojave Desert and San Gabriel Mountain ecoregions.
The general terrain in the subject area is high desert, with large washes
and arroyos separated by small undulating hills and ridges that give way
to steeper terrain as the Puma Canyon extends up into the San Gabriel
Mountains. Pinyon pines, juniper and Joshua tree dominate the
landscape and provide important habitat to many desert wildlife species.
The Properties fall within the CDFW's Puma Canyon Conceptual Area
Protection Plan (CAPP). Puma Canyon plays an important role in
maintaining regional landscape connectivity. The main objectives of this
CAPP are to conserve and enhance biodiversity, protect threatened
vegetative communities along with other rare and important plants and
animals and maintain habitat linkages that help protect elevation gradients
that allow species to adapt to climate change. This project and CAPP also
seek to protect the upper Sheep Creek Wash watershed, infiltration area,
and drainage tributary, located east of the Properties. These conserved
areas help protect one of the only open space habitat linkages and
corridors between the Mojave Desert and San Gabriel Mountains, also
providing climate change adaption benefits to wildlife by protecting an
elevation gradient between the two habitat areas.
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September 4, 2013, WCB Board Meeting Minutes
PROJECT DESCRIPTION
Both Properties are covered with natural vegetation consisting of desert
shrubs, pinyon pines, junipers, and Joshua trees. The Properties have a
series of alternating ridges and canyons running north to south, and the
ridge tops afford good views of Victor Valley to the north and east. The
Properties provide important habitat for wide-ranging species such as
mountain lion, deer, bobcat, Cooper's hawk, golden eagles, and
loggerhead shrikes, as well as other special status species such as the
arroyo toad, California red-legged frog, coastal horned lizard, and the
southwestern willow flycatcher.
WCB PROGRAM
The proposed grant for this project is being made under the WCB's Land
Acquisition Program (Program). The Program is administered pursuant to
the Board's original enabling legislation, "The Wildlife Conservation Law of
1947" (Fish and Game Code Section 1300, et seq.) authorizing the WCB
to acquire real property or rights in real property on behalf of CDFW, grant
funds to other governmental entities or nonprofit organizations to acquire
real property or rights in real property and accept federal grant funds to
facilitate acquisitions or subgrant these federal funds to assist with the
acquisitions of properties. Under the Program the WCB provides funds to
facilitate the acquisition of lands and interests in land that can successfully
sustain or be restored to support wildlife and, when practicable, provide for
suitable wildlife oriented recreation opportunities. These activities are
carried out in conjunction with CDFW, which evaluates the biological
values of property through development of a Land Acquisition Evaluation
(LAE)/Conceptual Area Protection Plan (CAPP). The LAE/CAPP is then
submitted to CDFW's Regional Operations Committee (ROC) for review
and, if approved, later transmitted to the WCB with a recommendation to
fund.
MANAGEMENT OBJECTIVES AND NEEDS
The Properties will be managed and owned by THC. THC will provide
stewardship and monitoring. THC expects to raise over $1,000,000 in
other funding in the next three years from foundations, corporations, State
and federal grants, memberships and bequests. THC will also consider
the potential for future public uses such as self-guided nature trails, hiking,
horseback riding, nature viewing, and outdoor educational programs for
local schools.
PROJECT FUNDING
The Properties have been appraised as having a combined fair market
value of$553,000.00 and are broken out as follows: Saylor $310,000.00
(72± ac) and Tidwell $243,000.00 (65± ac). The appraisal has been
reviewed by WCB staff and reviewed and approved by the Department of
General Services (DGS). The terms and conditions of the grants between
WCB and THC provide that staff of the WCB must review and approve all
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September 4, 2013, WCB Board Meeting Minutes
title documents, appraisals, preliminary title reports, documents for
purchase and sale, escrow instructions and instruments of conveyance
prior to disbursement of funds directly into the escrow account established
for the acquisition. In the event of a breach of the grant terms, the WCB
can require the grantee to encumber the Properties with a conservation
easement in favor of the State or another entity approved by the State and
seek reimbursement of funds.
FUNDING SOURCE
The proposed funding breakdown for the project is as follows:
Wildlife Conservation Board $538,000.00
CDFW-OSPR 15,000.00
Total Purchase Price $553,000.00
Other Project-Related Costs $20,000.00
TOTAL WCB ALLOCATION $558,000.00
The funds from CDFW Office of Spill Prevention and Response (OSPR)
were received from the National Fish and Wildlife Foundation (NFWF).
These funds come from legal settlements arising from small hazardous
waste spills. NFWF administers the funds through OSPR, and both
NFWF and OSPR have reviewed and determined the project is eligible for
this funding. There are no mitigation related requirements or conditions
placed on the property as a result of these funds.
It is estimated that an additional $20,000.00 will be needed to cover
project-related administrative costs, including DGS appraisal review.
FUNDING SOURCE
The purposes of this project are consistent with the authorized uses of the
proposed funding source, the Habitat Conservation Fund (Proposition
117), Fish and Game Code Section 2786(a), which allows for the
acquisition and protection of habitat and to protect deer and mountain
lions.
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
The project has been reviewed for compliance with the California
Environmental Quality Act (CEQA) requirements and is proposed as
exempt under CEQA Guidelines Section 15313, Class 13, as an
acquisition of land for wildlife conservation purposes, and Section 15325,
Class 25, as a transfer of an ownership interest in land to preserve open
space and habitat. Subject to authorization by the WCB, a Notice of
Exemption will be filed with the State Clearinghouse.
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September 4, 2013, WCB Board Meeting Minutes
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board approve this
project as proposed; allocate $558,000.00 from the Habitat Conservation
Fund (Proposition 117), Fish and Game Code Section 2786(a) for the
grant funding and to cover internal project-related expenses; authorize
staff to enter into appropriate agreements necessary to accomplish this
project; and authorize staff and the California Department of Fish and
Wildlife to proceed substantially as planned.
As one of the consent items heard at the beginning of the meeting, it
was moved by Ms. Finn that the Wildlife Conservation Board approve
this project as proposed; allocate $558,000.00 from the Habitat
Conservation Fund (Proposition 117), Fish and Game Code Section
2786(a) for the grant funding and to cover internal project-related
expenses; authorize staff to enter into appropriate agreements
necessary to accomplish this project; and authorize staff and the
California Department of Fish and Wildlife to proceed substantially
as planned.
Motion carried.
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September 4, 2013, WCB Board Meeting Minutes
'10. Burcham and Wheeler Flat, $225,000.00
Expansion 1 (Winter)
Mono County
This proposal was toconsider the fee title acquisition of 75± acres of land
as an expansion to the California Department of Fish and Wildlife's
(CDFW) proposed Burcham and Wheeler Flat Wildlife Area, for the
protection of eastern Sierra mountain sagebrush scrub areas that provide
important habitat for mule deer and the greater sage grouse.
LOCATION AND SURROUNDING USES
The subject property (Property) is located approximately 15 miles
northwest of Bridgeport, near the intersection of U.S. 395 and S.R. 108,
commonly referred to as Sonora Junction. This area falls within the lower
western slopes of the Sweetwater Mountain range that straddles the
Nevada and California border. To west is the main stem of the Walker
River. The Property lies within an approved CDFW Land Acquisition
Evaluation (LAE). The LAE identifies a number of priority properties within
the proposed Burcham and Wheeler Flat Wildlife Area, for protection and
conservation of habitat important to the greater sage-grouse, a California
Species of Special Concern. The primary habitat is Sierra mountain
sagebrush and scrub, which also support deer herds that range and
forage in the Sweetwater Mountains and the Walker River watershed.
On March 23, 2010 the U.S. Fish and Wildlife Service (Service) published
its12-month finding(s) for multiple petitions to list the greater sage grouse
under the federal Endangered Species Act (ESA). In these findings, the
Service designated greater sage grouse in the Bi-State area of California
and Nevada as a distinct population segment (DPS). The Service also
found that listing the greater sage grouse Bi-State DPS as threatened or
endangered was warranted, but precluded by higher priority listing actions.
As a result of these findings, the greater sage grouse Bi-State DPS was
identified as both a distinct listing entity separate from greater sage grouse
range-wide and a candidate for listing under the ESA. The greater sage
grouse Bi-State DPS currently has a listing priority number of 3 (a
relatively high priority). A proposed rule regarding listing of the DPS is
anticipated in September 2013.
Since 2002, the greater sage grouse Bi-State Local Area Working Group
(LAWG) has provided the forum and the catalyst for cooperative sage
grouse conservation efforts in the Bi-State area. The LAWG was
extremely active during development of the Nevada Governor's 2004
Greater Sage-grouse Conservation Plan for Nevada and Eastern
California, and the LAWG continues to be a model for cooperative sage
grouse conservation efforts today. The 2004 plan provided the focus for
the implementation of multi-jurisdictional sage grouse conservation actions
in the Bi-State area until 2012, when the plan was updated and replaced
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September 4, 2013, WCB Board Meeting Minutes
with the Bi-State Action Plan for Conservation of the Greater Sage-grouse
Bi-State Distinct Population Segment.
Other protected lands in close proximity to the Property include the
1,160±-acre CDFW managed original Burcham Flat and Wheeler Flat
acquisition, funded and approved by the WCB in 2007. The Burcham Flat
and Wheeler Flat managed area is surrounded by Toiyabe National Forest
Land. Other CDFW protected lands in close proximity include the West
Walker River, Pickel Meadow, and Slinkard-Little Antelope Wildlife Area.
PROJECT DESCRIPTION
The Property is covered with native vegetation consisting of high Sierra
sagebrush and scrub rangeland areas, with wet meadow inclusions that
provide year-round habitat for a small population of greater sage grouse.
This population of greater sage grouse has declined dramatically over the
last 20 years due to habitat problems associated with overgrazing, fire
suppression, and pinyon juniper encroachment on sagebrush rangelands.
The Property also provides migration, holdover, summer range and
fawning habitat for the Walker River, Sweetwater Mountains and Mono
Lake mule deer herds. Other species likely to benefit from the protection
of the Property include the Sierra Nevada red fox, bank swallow, willow
flycatcher, western white-tailed hare,American badger, black bear,
mountain lion, Townsend's big-eared bat, spotted bat, northern goshawk,
bald eagle, blue grouse, and mountain quail.
WCB PROGRAM
The proposed grant for this project is being made under the WCB's Land
Acquisition Program (Program). The Program is administered pursuant to
the Board's original enabling legislation, "The Wildlife Conservation Law of
1947" (Fish and Game Code Section 1300, et seq.) authorizing the WCB
to acquire real property or rights in real property on behalf of CDFW, grant
funds to other governmental entities or nonprofit organizations to acquire
real property or rights in real property and accept federal grant funds to
facilitate acquisitions or subgrant these federal funds to assist with the
acquisitions of properties. Under the Program the WCB provides funds to
facilitate the acquisition of lands and interests in land that can successfully
sustain or be restored to support wildlife and, when practicable, provide for
suitable wildlife oriented recreation opportunities. These activities are
carried out in conjunction with CDFW, which evaluates the biological
values of property through development of a Land Acquisition Evaluation
(LAE)/Conceptual Area Protection Plan (CAPP). The LAE/CAPP is then
submitted to CDFW's Regional Operations Committee (ROC) for review
and, if approved, later transmitted to the WCB with a recommendation to
fund.
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September 4, 2013, WCB Board Meeting Minutes
MANAGEMENT OBJECTIVES AND NEEDS
The CDFW estimates that operation and management costs for the
Property will be minimal, not exceeding $5,000.00 per fiscal year, with
said costs to be allocated from existing lands and facility management
budgets for the northern area of the Inland Deserts Region (Region 6).
The primary management objective will be to conserve, protect, and
enhance habitat for greater sage grouse and mule deer. Management
may include activities such as meadow irrigation, stream bank
stabilization, and aspen stand reforesting. The Property has been, and
will remain, open to public uses (hunting, nature viewing, hiking, etc.) but
camping will be prohibited. Other potential habitat enhancement projects
could be undertaken through support and in partnership with other non-
profit organizations, such as the California Deer Association and Quail
Unlimited.
TERMS
The Property has been appraised as having a fair market value of
$210,000.00. The appraisal has been reviewed by WCB staff and
reviewed and approved by the Department of General Services (DGS).
As part of its due diligence, WCB staff will review and approve all title
documents, appraisals, preliminary title reports, documents for purchase
and sale, escrow instructions and instruments of conveyance prior to
disbursement of funds into the escrow account established for the
acquisition. This project will also undergo transaction review and approval
by DGS, prior to transmitting funding and documents to escrow.
PROJECT FUNDING
The proposed funding breakdown for the project is as follows:
Wildlife Conservation Board $210,000.00
Total Purchase Price $210,000.00
Other Project-Related Costs $15,000.00
TOTAL WCB ALLOCATION $225,000.00
It is estimated that an additional $15,000.00 will be needed to cover
project-related administrative costs, including DGS appraisal review.
FUNDING SOURCE
The purposes of this project are consistent with the authorized uses of the
proposed funding source, the Habitat Conservation Fund (Proposition
117), Fish and Game Code Section 2786(a), which allows for the
acquisition and protection of deer and mountain lion habitat.
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
The project has been reviewed for compliance with the California
Environmental Quality Act (CEQA) requirements and is proposed as
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September 4, 2013,WCB Board Meeting Minutes
exempt under CEQA Guidelines Section 15313, Class 13, as an
acquisition of land for wildlife conservation purposes, and Section 15325,
Class 25, as a transfer of an ownership interest in land to preserve open
space and habitat. Subject to authorization by the WCB, a Notice of
Exemption will be filed with the State Clearinghouse.
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board approve this
project as proposed; allocate $225,000.00 from the Habitat Conservation
Fund (Proposition 117), Fish and Game Code Section 2786(a) for the
acquisition funding and to cover internal project-related expenses;
authorize staff to enter into appropriate agreements necessary to
accomplish this project; and authorize staff and the California Department
of Fish and Wildlife to proceed substantially as planned.
As one of the consent items heard at the beginning of the meeting, it
was moved by Ms. Finn that the Wildlife Conservation Board approve
this project as proposed; allocate $225,000.00 from the Habitat
Conservation Fund (Proposition 117), Fish and Game Code.Section
2786(a) for the acquisition funding and to cover internal project-
related expenses; authorize staff to enter into appropriate
agreements necessary to accomplish this project; and authorize staff
and the California Department of Fish and Wildlife to proceed
substantially as planned.
Motion carried.
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September 4, 2013, WCB Board Meeting Minutes
*11. Western Riverside County Multi-Species Habitat $88,000.00
Conservation Plan (MSHCP) (2012) - Nelson
Riverside County
This proposal was to consider the acceptance of a U.S. Fish and Wildlife
Service (USFWS) Habitat Conservation Planning Land Acquisition grant
(Section 6 Grant) and the approval to subgrant these federal funds to the
Western Riverside County Regional Conservation Authority (Authority);
and to consider a Wildlife Conservation Board (WCB) grant to the
Authority to acquire in fee 119± acres of land near the City of Wildomar in
southwestern Riverside County for the protection of habitat that supports
threatened and endangered species; and to increase regional wildlife
habitat corridors and linkages located within the Western Riverside County
Multiple Species Habitat Conservation Plan area (Western Riverside
County MSHCP).
WESTERN RIVERSIDE COUNTY MSHCP
The Western Riverside County MSCHP represents a combined and
approved federal Habitat Conservation Plan and California Natural
Community Conservation Plan. On August 20, 2012, Authority received a
Federal Financial award in the amount of $4,000,000.00 from the United
States Department of Interior— USFWS, Cooperative Endangered
Species Conservation Fund — 2012 HCPLA (aka U.S. Fish and Wildlife
Service Habitat Conservation Planning Land Acquisition grant) for the
conservation and recovery of both listed and unlisted species within the
Western Riverside County MSHCP. The Western Riverside County
MSCHP is in its seventh year of implementation with an approved plan to
assemble a 500,000-acre reserve area. Within the 500,000 acre reserve,
the Authority's goal is to protect 153,000 acres. As of December 6, 2011,
with the assistance of WCB, a total of 44,714 acres of habitat have been
acquired by Authority using a combination of local, State and federal
funding. These projects also assist in fulfilling the California and federal
governments' funding and conservation commitments as they relate to this
regional planning effort.
Western Riverside County is considered one of the most ecologically
important areas in the United States, containing a diversity and
abundance of wildlife and plant species and contains the most listed
species of any region in California. The Western Riverside County
MSHCP represents one of the largest, most complex regional habitat
conservation plans in the U.S., covering a total area of 1.2 million acres
and 146 species, 29 of which are State or federally listed. Within the plan
it identifies six major target acquisition areas that include the Western
Core/Linkage, Alkali PlayaNernal Pool Area, Temecula Creek Watershed,
Santa Rosa Plateau, San Timoteo Canyon and B Canyon Area. The
proposed federal award will be used to acquire lands identified in the
Western Riverside MSCHP that have important benefits for listed species,
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September 4, 2013, WCB Board Meeting Minutes
and will sustain ecosystem processes that support their habitats. The
Authority's property acquisition selection criteria include consideration of
the property's biological value, vulnerability to development, and proximity
to existing conservation lands.
LOCATION AND SURROUNDING USES
The subject property (Property) is located one mile east of the 1-15
freeway in the northern portion of the City of Wildomar and is more
specifically situated on the westerly terminus of Linny Court and Lost
Road, which extends north to south about 1,000 feet easterly of the
Property. The Property is in an area that has rolling hills to steeper
terrain, and is in close proximity to freeways, major surface streets, and
suburban and rural development. The immediate area is mostly
undeveloped with the exception of a few rural residences located to the
east of the Property in low lying areas. The Property is bordered on the
west and south by lands currently under the ownership of the Authority
and represents the first proposed land acquisition under the approved
2012 USFWS Habitat Conservation Planning Land Acquisition grant.
The Property is situated in one of the Western Riverside County MSCHP
target areas, known as the Western Core/Linkage. This habitat linkage is
necessary for maintaining ecological processes in a rapidly developing
landscape. The acquisition of the Property will improve the habitat
connections in the western portion of the Western Core/Linkage by
enhancing the linkage from existing California Department of Fish and
Wildlife (CDFW) reserves such as the Estell Mountain Ecological Reserve
located to the northwest and the Santa Rosa Plateau Ecological Reserve
located to the south. Parcels in this area provide habitat for State and
federally listed endangered least Bell's vireo, southwestern willow
flycatcher, the State threatened and federally endangered Stephens'
kangaroo rat, and the federally threatened coastal California gnatcatcher,
quino checkerspot butterfly, and the thread-leaved brodiaea. The
connectivity provided by the Western Core/Linkage area is essential in
maintaining the genetic viability for the listed and sensitive species being
conserved, and provides ecosystem responses to climate change by
incorporating elevation gradients that will allow species and vegetation
communities to shift upward in elevation.
PROJECT DESCRIPTION
The Property is an L-shaped parcel zoned by the City of Wildomar as
Rural Residential and is designated under the local General Plan as Rural
Mountainous. The site is characterized by rolling to steep terrain with
elevated hillsides split by a narrow valley that extends from the northeast
corner to the center of Property. Vegetation is moderate to heavy over
most of the site with numerous boulders and rock out-croppings. The only
visible improvements on site are dirt roads and old abandoned water well.
Protection of the Property will help support and provide habitat for the
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September 4, 2013, WCB Board Meeting Minutes
State and federally listed southwestern willow flycatcher and the federally
threatened quino checkerspot butterfly and the thread-leaved brodiaca.
WCB PROGRAM
The proposed grant is being considered under the WCB's Land
Acquisition Program (Program). The Program is administered pursuant to
the Board's original enabling legislation, "The Wildlife Conservation Law of
1947" (Fish and Game Section 1300, et seq.) authorizing WCB to acquire
real property or rights in real property on behalf of CDFW, grant funds to
other governmental entities or nonprofit organizations to acquire real
property or rights in real property and accept federal grant funds to
facilitate acquisitions or subgrant theses federal funds to assist with
acquisitions of properties. Under the Program, the WCB provides funds to
facilitate the acquisition of lands and interests in land that can successfully
sustain or be restored to support wildlife and, when practicable, provide for
suitable wildlife-oriented recreation opportunities. The Property has been
reviewed and approved by CDFW under its Natural Community
Conservation Plan program, substantiating the biological values of the
Property and recommending it for funding. The USFWS grant proposed
and accepted for this project has also been reviewed and approved by
CDFW as a participant in the USFWS Land Acquisition grant selection
and review process.
MANAGEMENT OBJECTIVES AND NEEDS
The Property will be managed by the Authority as part of the Western
Riverside County MSHCP reserve system, which serves to provide
permanent habit protection for populations of federal and State-listed
endangered and threatened species that occupy the reserve, and to
increase regional wildlife habitat cores and linkages that will connect
existing habitat reserve areas through Western Riverside County. As part
of its obligation under the plan, the Authority retains a Reserve Manager to
ensure that management actions are consistent with the plan. The plan
provides for the financing and implementation of an endowment for the
monitoring and management of the Property in perpetuity. Management
costs for parcels acquired under the Western Riverside County MSHCP
will be provided by the Authority's operating funds.
TERMS
The Property has been appraised as having a fair market value of
$270,000.00. The appraisal has been reviewed by WCB staff and
reviewed and approved by the Department of General Services (DGS)
and USFWS. The Property owner has agreed to sell the Property for the
approved appraised fair market value of$270,000.00. The USFWS funds
in the amount of $189,000.00 require a non-federal match in the amount
of $81,000.00 that is being provided by a grant from the WCB. The terms
and conditions of the proposed WCB grant and USFWS subgrant to the
Authority provide that staff of the WCB must review and approve all title
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September 4, 2013, WCB Board Meeting Minutes
documents, preliminary title reports, documents for purchase and sale,
escrow instructions and instruments of conveyance prior to disbursement
of funds directly into the escrow account established for the acquisition. In
the event of a breach of the grant terms, the WCB can require the
subgrantee to encumber the Property with a conservation easement in
favor of the State or another entity approved by the State and seek
reimbursement of funds.
PROJECT FUNDING
The proposed funding breakdown for the project is as follows:
Wildlife Conservation Board $ 81,000.00
WCB — subgrant of USFWS funds 189,000.00
TOTAL Purchase Price $270,000.00
Other Project-Related Costs $ 7,000.00
TOTAL WCB ALLOCATION $ 88,000.00
It is estimated that an additional $7,000.00 will be needed to cover project
related administrative costs, including the DGS appraisal review. The
Authority, as project proponent, will fund all other project-related
administrative costs for the acquisition, including but not limited to the
environmental site assessment, appraisal, survey, escrow, and title
insurance costs.
FUNDING SOURCE
The purposes of this project are consistent with the authorized uses of the
proposed funding source, the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Fund of 2006
(Proposition 84), Public Resources Code Section 75055(c) that provides
funding for grants to implement or assist in the establishment of Natural
Community Conservation Plans.
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
The project has been reviewed pursuant to the California Environmental
Quality Act (CEQA) and is proposed as exempt under CEQA Guidelines
Section 15313, Class 13, as an acquisition of land for wildlife conservation
purposes, and Section 15325, Class 25, as a transfer of an ownership
interest in land to preserve open space and existing natural conditions,
including plant or animal habitats. Subject to authorization by the WCB, a
Notice of Exemption will be filed with the State Clearinghouse.
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board approve this
acquisition project as proposed; accept the Habitat Conservation Planning
Land Acquisition grant funds from the U.S. Fish and Wildlife Service in the
amount of$189,000.00 and approve the Agreement to Subgrant these
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September 4, 2013, WCB Board Meeting Minutes
federal funds to the Western Riverside County Regional Conservation
Authority; allocate $88,000.00 from the Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Fund of
2006 (Proposition 84), Public Resources Code Section 75055(c) for the
grant and to cover internal project-related expenses; authorize staff to
enter into appropriate agreements necessary to accomplish this project;
and authorize staff to proceed substantially as planned.
As one of the consent items heard at the beginning of the meeting, it
was moved by Ms. Finn that the Wildlife Conservation Board approve
this acquisition project as proposed; accept the Habitat
Conservation Planning Land Acquisition grant funds from the U.S.
Fish and Wildlife Service in the amount of$189,000.00 and approve
the Agreement to Subgrant these federal funds to the Western
Riverside County Regional Conservation Authority; allocate
$88,000.00 from the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Fund of 2006
(Proposition 84), Public Resources Code Section 75055(c) for the
grant and to cover internal project-related expenses; authorize staff
to enter into appropriate agreements necessary to accomplish this
project; and authorize staff to proceed substantially as planned.
Motion carried.
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September 4, 2013, WCB Board Meeting Minutes
12. Gray Lodge Wetland Enhancement $1,038,000.00
and Pump Restoration
Butte County
This proposal was to consider the allocation for a grant to Ducks
Unlimited, Inc. for a cooperative project with the California Department of
Fish and Wildlife (CDFW) to enhance 560± acres of wetland habitat and
install a pump that will help supply water to all of CDFW's 9,168-acre Gray
Lodge Wildlife Area (Wildlife Area), located approximately six miles west
of the City of Gridley in Butte County. Mr. Chad Fien of the Wildlife
Conservation Board briefly described the project and its location.
LOCATION AND SURROUNDING USES
The project lies within the CDFW's Gray Lodge Wildlife Area, located
approximately six miles west of the City of Gridley in Butte County. The
Wildlife Area is a mosaic of wetlands, riparian habitat and uplands,
supporting many species of wildlife, especially the hundreds of thousands
of wintering waterfowl and shorebirds that depend on this site every year.
Over the last few years, Gray Lodge Wildlife Area staff worked diligently
with many partners, including the Wildlife Conservation Board (WCB), to
successfully complete the construction of a master water delivery system.
The new infrastructure has dramatically increased the capability to deliver
water supplies with increased efficiency and control to the entire wildlife
area.
PROJECT DESCRIPTION
The project will enhance 560± acres of wetland habitat at Fields 46, 48,
55, 56, 57, and 59 at the Wildlife Area. These ponds have substantial
topographic variation and do not have proper drain and fill capabilities.
These fields cannot be irrigated efficiently or effectively during the summer
to promote moist soil vegetation. The project will improve wetland
topography to provide wetland diversity and improve water management,
install water control structures, and restore nesting cover. This project will
also install a pump in an existing well that was drilled as part of a previous
project and will help supply water to the entire 9,200±Wildlife Area. The
pump will be located at the upper end of the water distribution system, and
water from the well can then be pumped directly into the distribution
system and used throughout the entire Wildlife Area. The project will
benefit waterfowl and other wetland dependent wildlife by providing
wintering and migratory wetland habitat.
The project is located in the Butte Basin, one of nine basins in the Central
Valley. The project is consistent with the Central Valley Joint Venture's
Implementation Plan (CVJVIP), which identifies annual wetland habitat
enhancement goals for each of the nine basins. The CVJVIP calls for
3,362 acres of wetland enhancement per year within the Butte Basin.
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September 4, 2013, WCB Board Meeting Minutes
WCB PROGRAM
The proposed project will be funded through the Inland Wetland
Conservation Program and meets the program's goal of assisting the
Central Valley Joint Venture's mission to protect, restore, and enhance
wetlands and associated habitats.
MANAGEMENT OBJECTIVES AND NEEDS
The project will be on a portion of CDFW's Gray Lodge Wildlife Area, and
management of this project will be incorporated into the existing
management of the Wildlife Area. The improved water management
capabilities associated with this wetland enhancement will allow CDFW
managers to provide improved wetland habitat through mare efficient
water delivery and drainage, with less staff time.
PROJECT FUNDING
The proposed funding breakdown for the project is as follows:
Cost DU CDFW NAWCA WCB
Earthwork, Site Prep $479,298 $42,040 $72,833 $364,425
Water Control Structures, Pump $433,985 $4,814 $15,300 $413,871
Plant Establishment $16,405 $3,525 $12,880
Survey, Design, Project Mgmt &
$256,776 $36,245 $21,561 $20,852 $178,118
Project Admin
Contingency $68,706 $68,706
Total Project Costs $1,255,170 $36,245 $71,940 $108,985 $1,038,000
Project costs will be for surveys, design, earthwork, water control
infrastructure, plant establishment, and project management and
administration.
FUNDING SOURCE
The proposed funding sources for this project are the Habitat
Conservation Fund (Proposition 117), Fish and Game Code Section
2786(d)(Proposition 1E), Inland Wetlands Conservation Program; and the
Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection
Bond Fund (Proposition 12), Public Resources Code Section
5096.350(a)(1)(A). These funding sources allow for the acquisition,
enhancement or restoration of wetland habitat in the Central Valley and
wetland habitats within a floodplain or flood corridor, and are consistent
with the objectives of this project.
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September 4, 2013, WCB Board Meeting Minutes
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
This project is exempt from the California Environmental Quality Act
(CEQA) under Class 4 of Categorical Exemptions, California Code of
Regulations, Title 14, Section 15303 as the installation of small new
equipment and Section 15304 as a minor alteration to land. Subject to
approval by the WCB, the appropriate Notice of Exemption will be filed
with the State Clearinghouse. The DFW has reviewed this proposal and
recommends it for funding by the WCB.
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board approve this
project as proposed; allocate $543,116.00 from the Habitat Conservation
Fund (Proposition 117), Fish and Game Code Section 2786(d)(Proposition
1 E), Inland Wetlands Conservation Program and $494,884.00 from the •
Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection
Bond Fund (Proposition 12), Public Resources Code Section
5096.350(a)(1)(A); authorize staff and the California Department of Fish
and Wildlife to enter into appropriate agreements necessary to accomplish
this project; and authorize staff and the California Department of Fish and
Wildlife to proceed substantially as planned.
Mr. Fien said that few years ago we took a project to the Board for a new
well and pump, and, unfortunately, due to the market prices going up,
WCB only had enough to put the well in, so with this project we would
install the pump. Mr. Fien went on to explain that all the pumps at the
Wildlife Area are able to flood the field adjacent to them, as well as have
the ability to put water into the water distribution system, so the water can
be used throughout the Wildlife Area. Ms. Finn asked about how long the
well has been without the pump. Mr. Fien responded that it has been
about four years.
Mr. Sutton commented that some of the groups like California Waterfowl
Association (CWA) and Ducks Unlimited, Inc. (DU) have begun to install
solar power pumps at duck clubs, and asked if the CDFW is paying the
electrical bills on the pumps at the Wildlife Area. Mr. Fien confirmed that
the CDFW pays all these bills, and about two years ago WCB paid for
solar arrays to go in at the Los Banos Wildlife Area, so it is kind of our trial
to see how that holds up. Mr. Fien went on to explain that our grantees
that we commonly deal with, like CWA and DU, have already approached
us about possible solar arrays on other wildlife areas.
Mr. Perrine commented that this particular well may be operated using the
U.S. Bureau of Reclamation (BOR) funds, as the CDFW and BOR are
working on agreements to have joint electrical power costs paid directly by
the federal government. Mr. Fien added that the BOR just installed
another well on the Wildlife Area and BOR is operating it as well.
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September 4, 2013, WCB Board Meeting Minutes
Mr. Sutton asked if there were any additional questions or comments
about this agenda item. There were none.
It was moved by Ms. Finn that the Wildlife Conservation Board
approve this project as proposed; allocate $543,116.00 from the
Habitat Conservation Fund (Proposition 117), Fish and Game Code
Section 2786(d)(Proposition 1E), Inland Wetlands Conservation
Program and $494,884.00 from the Safe Neighborhood Parks, Clean
Water, Clean Air and Coastal Protection Bond Fund (Proposition 12),
Public Resources Code Section 5096.350(a)(1)(A); authorize staff and
the California Department of Fish and Wildlife to enter into
appropriate agreements necessary to accomplish this project; and
authorize staff and the California Department of Fish and Wildlife to
proceed substantially as planned.
Motion carried.
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September 4, 2013,WCB Board Meeting Minutes
13. Dos Rios Riparian Restoration $1,392,000.00
Stanislaus County
This proposal was to consider the allocation for a grant to the River
Partners for a cooperative project with the Natural Resources
Conservation Service, the Department of Water Resources and others to
restore 599± acres of riparian habitat, located at the confluence of the
Tuolumne and San Joaquin rivers in Stanislaus County. Ms. Terry
Roscoe of the Wildlife Conservation Board briefly described the project
and its location.
LOCATION AND SURROUNDING USES
The project site is located in the floodplain at the confluence of two major
Central Valley rivers, the Tuolumne and the San Joaquin. Historically, the
project area contained a mosaic of floodplain sloughs, oxbow wetlands,
oak groves and diverse shrublands and woodlands. Based on historic
images, the project area was almost completely cleared and leveled for
farming between 1937 and 1945, although the project area had been
grazed and partially cleared even prior to 1937. In 1959, the US Army
Corps of Engineers completed construction or improvements of the
historic levee to meet the standards set in the San Joaquin River Flood
Control Project. Since that time, flood flows have never breached the
flood control levees, thus the project area has been disconnected from the
rivers for over 50 years. All that remains today at Dos Rios Ranch are
small remnant patches of the native herbaceous communities including
mugwort, gumplant, creeping wildrye and basket sedge, and few areas
containing gallery valley oak woodlands and willow scrub. Dos Rios
Ranch is immediately adjacent to the U.S. Fish and Wildlife Service's
(FWS) 7,000-acre San Joaquin River National Wildlife Refuge (SJRNWR).
PROJECT DESCRIPTION
Almost all of the project area has been converted to agricultural uses.
Currently, the project area within the Dos Rios Ranch contains no remnant
native vegetation. Steenstrup Slough flows from south to north along the
eastern edge of the project area. This slough follows its historic
alignment, but is completely disconnected from the rivers and has been
used as an irrigation supply and drain feature for decades. For this
reason, it has almost entirely lost its native marsh vegetation due to its
banks being cleared of vegetation, and its bed having been dredged to
maintain conveyance. When the levee was constructed, the Steenstrup
Slough of today is only influenced by river conditions through groundwater
seepage during high water years. Currently, lands within the project area
are farmed in corn-winter wheat rotation, or alfalfa. On the far eastern
edge of the project area, lands naturally slope upwards at the edge of the
historic floodplain, providing the potential for flood refugia for riparian-
obligate mammals.
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September 4, 2013, WCB Board Meeting Minutes
This project would restore and enhance native habitats to 599± acres of
riparian habitat, ranging from 4,550 to 6,220 feet wide behind the levees of
the rivers and including the banks of Steenstrup Slough. Restored
habitats will provide a suitable reintroduction site for riparian brush rabbit,
as well as expanded habitat areas for riparian woodrat, least Bell's vireo,
and valley elderberry longhorn beetle.
WCB PROGRAM
The proposed project will be funded through the California Riparian
Habitat Conservation Program and meets the program's goal of increasing
riparian habitat across California by implementing riparian habitat
restoration and enhancement projects.
MANAGEMENT OBJECTIVES AND NEEDS
During the restoration phase, Dos Rios Ranch will be held in fee title by
River Partners, and maintenance will be the sole responsibility of River
Partners. Anticipated maintenance during the 4-year restoration phase
includes weed control, irrigation, road and levee maintenance, and access
control. River Partners will maintain the property, pursuant to the grant
agreement between River Partners and the Wildlife Conservation Board
(WCB), until all phases are completed and the property is transferred to an
appropriate resource management agency.
Following completion of the restoration for the entire Dos Rios Ranch
project (Phases 1-4), River Partners will give the property (full fee title with
encumbrances) to a resource management agency for perpetual
management as a wildlife preserve. While the ultimate agency is still
undetermined, it is anticipated that the FWS will take ownership of a
majority of the property for inclusion in the SJRNWR. The San Luis
National Wildlife Refuge Complex, which includes the SJRNWR, has
recently received approval from the Director of the FWS to plan and permit
a Refuge Boundary Expansion that would include the entirety of Dos Rios
Ranch. This expansion is expected to be approved by Congress prior to
the conclusion of the restoration of this project. Additional potential
agency managers include California Department of Parks and Recreation
(DPR) and/or the California Department of Fish and Wildlife (CDFW). The
DPR has identified Dos Rios Ranch in its long-range visioning documents
for the Central Valley, foreseeing campgrounds and hiking trails across
the restored ranch. River Partners has begun preliminary planning in
support of the potential use of a portion of the high-ground at Dos Rios
Ranch as a public recreation facility; however, plans will be finalized in the
coming years, and likely only within Field 20, which is not included in this
phase.
Upon transfer of the restored Dos Rios Ranch to the agency or agencies
listed above, long term maintenance will be the responsibility of the
landowner agency (or agencies). During the restoration phase, River
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September 4, 2013,WCB Board Meeting Minutes
Partners will work with these agencies and project partners to ensure
minimal maintenance will be required to promote floodplain reconnection,
maintain flood structures (such as flap gates or breaches), and maintain
the habitat values targeted by this project once ownership is transferred.
As over 2,500 acres of similar restoration work is underway or completed
across the river at the SJRNWR, long-term maintenance needs can be
readily predicted and planned for similar and adjacent future projects.
PROJECT FUNDING
The proposed funding breakdown for the project is as follows:
Dos Rios NRCS DWR CVPIA WCB River Total
Restoration Phase Partners
1
Project Planning - $312,495 $207,388 $109.000 $628,926
and Monitoring
Project $1,760,504 $300,000 $315,577 $1,157,000 - $3,532,543
Establishment
Project - $62,417 $52,491 126,000 $362,457 $603,916
Administration
Total Project Cost $1,760,504 $674,912 $575,456 $1,392,000 $362,457 $4,765,386
WCB funding will provide for:
• earthwork to construct elevated refugia and wetland swales
• installation of drip irrigation to service the elevated refugia
• planting native vegetation on elevated refugia
• project monitoring and management
• weed control and irrigation
• education and community outreach
FUNDING SOURCE
The proposed funding source for this project is the Habitat Conservation
Fund (Proposition 117), Fish and Game Code Section 2786(e/f)
(Proposition 1E), which allows for the acquisition, restoration or
enhancement of riparian habitat to protect or enhance a flood protection
corridor or bypass, and are consistent with the objectives of this project.
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
The CDFW has reviewed this proposal and recommends it for funding by
the WCB. The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines
(California Code of Regulations, Title 14, Chapter 3, Section 15304; Class
4, as a minor alteration to land, water and/or vegetation which does not
involve the removal of healthy, mature, scenic trees. Subject to approval
of this proposal by the WCB, the appropriate Notice of Exemption will be
filed with the State Clearinghouse.
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September 4, 2013, WCB Board Meeting Minutes
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board approve this
project as proposed; allocate $1,392,000.00 from the Habitat
Conservation Fund (Proposition 117), Fish and Game Code Section
2786(e/f) (Proposition 1E); authorize staff to enter into appropriate
agreements necessary to accomplish this project; and authorize staff and
the California Department of Fish and Wildlife to proceed substantially as
planned.
Ms. Roscoe introduced Mr. John Carlon, President, and Ms. Julie Rentner,
Central Valley Regional Director form the River Partners who were in the
audience and available to answer questions.
Ms. Finn commented that this agenda item says that the Dos Rios Ranch
will be held in fee title by River Partners only until the restoration is done,
and then it is their intent to transfer the property to another agency.
Ms. Finn asked who will be responsible if there is no management agency
to accept the property after the restoration is done? Ms. Roscoe
responded that it will continue River Partner's responsibility. Ms. Finn said
that she also noted that there is reference in this agenda write-up
identifying that the Dos Rios project has been mentioned in DPR's long-
range vision documents. Ms. Finn asked to clarify if that is under the
current administration or was that a document from previous
administration. Ms. Finn commented that she is a little bit nervous about
putting DPR out there not knowing whether the current director has been
briefed.
Mr. John Calron from River Partners responded that several years ago,
DPR did a strategic plan study document, and they looked at where the
need is for state parks in the State of California. The study confirmed that
the Central Valley is significantly underserved with regards to DPR lands
and pointed out that people like to recreate next to water. The subsequent
area turned out to be one of the top priorities as it has six miles of river
frontage in the Central Valley. Mr. Carlon added that there was never any
commitment by DPR; when River Partners acquired this property, they
kept about 250 acres out of any kind of easement with the idea that if
things change and improve, and if the people of California decide that they
want to pay for state parks in the future, this will be ideally suited for a
future state park - it would be up and out of the floodplain, close to a
paved road and urban center with a lot of river frontage in a very
underserved area. Mr. Carlon went on to explain that other public lands in
the area could complement DPR's vision as well.
Mr. Donnelly commented that it was a part of the vision document the
DPR put out in 2004-2005.
Ms. Finn thanked Mr. Carlon and Mr. Donnelly for their comments.
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September 4, 2013, WCB Board Meeting Minutes
Mr. Sutton commented that the majority of the property might become a
part of the federal refuge and asked if that is still the case. Mr. Carlon
responded that the federal government had expressed interest, and it
would seem to make sense because the SJRNWR is right across the
river.
Mr. Sutton commented that there are references to phases Ito IV of the
restoration and asked if the budget listed in this agenda item is for phase I
only. Ms. Roscoe responded that this budget is for the phase I area which
is located within the federal levee, and future restoration that is completed
outside the federal levee will require additional permits.
Mr. Sutton asked if there are cost estimates for the entire project.
Ms. Julie Rentner from River Partners responded that complete budgeting
for all phases of restoration for Dos Rios Ranch is not 100% complete,
and preliminary estimates are about $10 million. Ms. Rentner went on to
explain that phase I does include significant planning and permitting
efforts.
Ms. Finn asked how many acres is this property in total. Ms. Roscoe
responded that it is 1,600 acres, with almost 600 acres being restored in
the first phase for $4.7 million.
Mr. Sutton commented that it is nice to see that partnership among the
federal and State agencies.
Mr. Sutton asked if there were any additional question or comments about
this agenda item. There were none.
It was moved by Ms. Finn that the Wildlife Conservation Board
approve this project as proposed; allocate $1,392,000.00 from the
Habitat Conservation Fund (Proposition 117), Fish and Game Code
Section 2786(e/f) (Proposition 1E); authorize staff to enter into
appropriate agreements necessary to accomplish this project; and
authorize staff and the California Department of Fish and Wildlife to
proceed substantially as planned.
Motion carried.
Mr. Sutton welcomed Ms. Diane Colborn, Assembly Member Rendon's
representative, who joined the meeting at this point.
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September 4, 2013, WCB Board Meeting Minutes
14. San Joaquin River, Hidden Valley Ranch $3,010,000.00
Stanislaus County
Mr. Donnelly acknowledged that letters of support for this project were
received from the following people: Mr. John R. Cain, Conservation
Director, Bay-Delta and Central Valley Flood Management, and Ms. Ellie
Cohen, President and CEO, Point Blue Conservation Science.
This proposal was to consider the allocation for a grant for a cooperative
project with River Partners and the Department of Water Resources
(DWR) to acquire in fee 466± acres of valley floodplain and riverine
habitat. The proposed project will help expand on contiguous protected
lands, providing important habitat for a number of listed species that
reside and migrate along the San Joaquin and Tuolumne river corridors.
Ms. Liz Yokoyama of the Wildlife Conservation Board briefly described the
project and its location.
LOCATION AND SURROUNDING USES
The subject property (Property) is located along the east bank of the San
Joaquin River, just upstream from the confluence with the Tuolumne
River, west of Shiloh Road and approximately eight miles southwest of the
City of Modesto. Surrounding land uses are primarily agricultural and rural
residential. Much of the available open farmland in this area has been
developed with permanent plantings, including almond, walnut and peach
orchards and vineyards. There are also a number of farms growing row
and field crops, such as corn, alfalfa, and wheat in many cases to provide
livestock feed, as well as small to moderate sized dairies with irrigated
pastures, and poultry farms.
Immediately adjacent and north of the Property is the 1,603-acre Dos Rios
Ranch that was acquired and funded in part by a grant from the Wildlife
Conservation Board (WCB), approved at its February 2012 meeting. A
restoration grant for the Dos Rios property is also being proposed for
consideration at this Board meeting. North of the Tuolumne River and
west of the San Joaquin River, across from the Property, is the San
Joaquin River National Wildlife Refuge that encompasses approximately
7,000 acres of riparian woodlands, wetlands, and grasslands. This area
combined with the Property and the Dos Rios property will create a large
8,500-acre protected habitat landscape hosting a diversity of wildlife native
to California's Central Valley, as well as providing shaded river and
floodplain refugia for fisheries in the San Joaquin and Tuolumne rivers.
The location of this area is also in the middle of the Pacific Flyway and
provides foraging and resting area for migrating waterfowl and other bird
species.
Further upstream on the San Joaquin River is a large stretch of land
targeted for restoration under a collaboration of federal, State and
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September 4, 2013, WCB Board Meeting Minutes
conservation groups. This project will entail a comprehensive long term
effort to restore flows to the San Joaquin River from Friant Dam to the
confluence of the Merced River and will restore a self-sustaining Chinook
salmon fishery in the river while reducing or avoiding adverse water supply
impacts from restoration flows.
PROJECT DESCRIPTION
The Property is zoned "Exclusive Agriculture" —A-2-40 zoning. Current
uses include a dairy farm along with irrigatedfield crops, including corn,
winter wheat and alfalfa that provide feed supplies for the dairy operation.
Improvements on the site include the related dairy infrastructure and
facilities, two single family residences, a duplex unit, and other
miscellaneous irrigation, road and site improvements.
The shape of the Property is irregular with its western border being the
San Joaquin River. Its topography is fairly level with the majority falling
within a historical Flood Zone. Central Valley Flood Protection managed
and maintained levee runs through the western portion of the Property,
providing flood protection for the lower farmed areas and infrastructure
located in the lower areas of the historical floodplain east of the levee.
However, even these lower areas have been prone to flooding during
major flood events that have occurred in the past on the Tuolumne and
San Joaquin rivers. As a result, there is a significant amount of flood plain
and riparian habitat found on the Property, within and outside the levee.
Types of wildlife habitat found on the Property include riparian corridors,
wetlands and riverine. The row and field crops also tend to support
wildlife as well. Wildlife friendly crops such as alfalfa are utilized by
Swainson's hawks, and harvested corn fields are frequented by large
numbers of Aleutian snow geese. The presence of river and irrigation.
water also helps to support a diversity and abundance of native trees,
shrubs and grasses, supporting populations of bird and other wildlife not
otherwise seen on other nearby privately owned farmlands.
The Property hosts populations of a number of special-status species
including the federally and State endangered least Bell's vireo, the State
endangered willow flycatcher, greater sandhill crane and Swainson's hawk
and the federally endangered valley elderberry longhorn beetle. Other
important species include the northern harrier, American white pelican and
yellow-breasted chat. Located on the other side of the San Joaquin River
within the san Joaquin River National Refuge is a population of the
federally and State endangered riparian brush rabbit, which from time to
time have been known to occupy the Property. With the brush rabbit
restoration improvements being planned for the Dos Rios property, there
is high probability that reestablishment of a larger viable population of
brush rabbits could occur shortly in the future on the combined protected
areas of the Property and Dos Rios property.
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September 4, 2013, WCB Board Meeting Minutes
WCB PROGRAM
The proposed grant is being considered under the WCB's Land
Acquisition Program. The Land Acquisition Program is administered
pursuant to the Board's original enabling legislation, "The Wildlife
Conservation Law of 1947" (Fish and Game Section 1300, et seq.)
authorizing the WCB to acquire real property or rights in real property on
behalf of the California Department of Fish and Wildlife (CDFW), grant
funds to other governmental entities or nonprofit organizations to acquire
real property or rights in real property, and accept federal grant funds to
facilitate acquisitions or subgrant theses federal funds to assist with
acquisitions of properties. Under the program the WCB provides funds to
facilitate the acquisition of lands and interests in land that can successfully
sustain or be restored to support wildlife and, when practicable, provide for
suitable wildlife-oriented recreation opportunities. These activities are
carried out in conjunction with the CDFW, which evaluates the biological
values of property through development of a Conceptual Area Protection
Plan (CAPP). The CAPP is then submitted to CDFW's Regional
Operations Committee (ROC) for review and, if approved, later transmitted
to the WCB with a recommendation to fund.
MANAGEMENT OBJECTIVES AND NEEDS
The Property will be managed by River Partners, a California nonprofit
corporation established in May 1998. River Partners, after acquiring the
property, intends to discontinue the dairy operations but will continue with
farming the Property using wildlife friendly practices, until potential future
long-term habitat and restoration activities can be fully planned and
developed. These practices include coordinating planting, irrigation and
harvesting timelines to coincide with the needs of migratory wildlife that
frequent the Property. Revenues from the farming activities will be used
to offset management and monitoring costs as required under the terms of
the WCB Grant Agreement. River Partners also proposes to enhance the
wildlife habitat on the Property by removing non-native plants along the
non-farmed riverbanks and restoring the banks with native and/or
compatible plants.
TERMS
The Property has been appraised as having a fair market value of
$9,300,000.00. The appraisal has been reviewed by WCB staff and
reviewed and approved by the Department of General Services (DGS).
The Property owner has agreed to sell the Property for the approved
appraised fair market value, $9,300,000.00. The terms and conditions of
the proposed WCB grant provide that staff of the WCB must review and
approve all title documents, preliminary title reports, documents for
purchase and sale, escrow instructions and instruments of conveyance
prior to disbursement of funds directly into the escrow account established
for the acquisition. In the event of a breach of the grant terms, the WCB
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September 4, 2013, WCB Board Meeting Minutes
can seek specific performance of the grant or require the grantee to
transfer the conservation easement to WCB or another qualified holder.
The Property is subject to a Conservation Land Contract (Williamson Act).
Following the transfer of title to River Partners, the Property will continue
with historical agricultural field crop operations and comply with the terms
of the Williamson Act Contract.
PROJECT FUNDING
The proposed funding breakdown for the project is as follows:
Wildlife Conservation Board $3,000,000.00
Dept. of Water Resources, FESSRO Program $3,900,000.00
Dept. of Water Resources, Flood Corridor
Protection Program $2,400,000.00
TOTAL Purchase Price $9,300,000.00
Other Project-Related Costs $ 10,000.00
TOTAL WCB ALLOCATION $3,010,000.00
It is estimated that an additional $10,000.00 will be needed to cover
project related administrative costs, including DGS appraisal review costs.
FUNDING SOURCE
The purposes of this project are consistent with the proposed funding
source, Habitat Conservation Fund (Proposition 117), Fish and Game
Code Section 2786(b/c) (Proposition 1 E), which allows for the acquisition
of habitat to protect rare, endangered, threatened or fully protected
species, to protect or enhance a flood protection corridor or bypass and
allow continued agricultural use.
A portion of funding for this project will be contributed by the DRW through
its FloodSAFE Environmental Stewardship and Statewide Resources
Office (FESSRO) Program. The FESSRO Program contribution requires
that a portion of the property be eligible for advanced mitigation towards
the Central Valley Flood Control Project; whereas, WCB's Grant
Agreement states that WCB's contribution to the project cannot be used
for purposes of mitigation. To reconcile these two requirements; the
WCB's grant describes a process where in the event the Property is used
for mitigation, the amount of land eligible for mitigation would be based on
a pro-rata share of the FESSRO contribution. Specifically, FESSRO
funding accounts for approximately 42% of the total purchase price;
therefore, FESSRO could designate up to 42% of the Property acreage, or
approximately 196 acres, for acquisition-related mitigation purposes. The
remaining 58%, or 270 acres, of the property would not be eligible for
acquisition-related mitigation. The terms of the WCB grant also require
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September 4, 2013, WCB Board Meeting Minutes
that WCB must first review and approve any future plans to use, convey or
designate any of the Property for mitigation purposes.
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
The acquisition has been reviewed pursuant to the California
Environmental Quality Act (CEQA) and is proposed as exempt under
CEQA Guidelines Section 15313, Class 13, as an acquisition of land for
fish and wildlife conservation purposes, and Section 15325, Class 25, as a
transfer of an ownership interest in land to preserve open space and
existing natural conditions, including plant or animal habitats, and Section
15304, Class 4, as a minor alteration in the condition of land, water and/or
vegetation which does not involve removal of healthy, mature, scenic
trees. Subject to authorization by the WCB, a Notice of Exemption will be
filed with the State Clearinghouse.
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board approve this
project as proposed; allocate $3,010,000.00 from the Habitat
Conservation Fund (Proposition 117), Fish and Game Code Section
2786(b/c) (Proposition 1 E) for the grant and to cover internal project-
related expenses; authorize staff to enter into appropriate agreements
necessary to accomplish this project; and authorize staff to proceed
substantially as planned.
Ms. Yokoyama introduced Mr. John Carlon, President, and Ms. Julie
Rentner, Central Valley Regional Director form the River Partners who
were in the audience and available to answer questions.
Ms. Finn asked to clarify if this property will be acquired in the name of the
State or River Partners. Ms. Yokoyama responded that River Partners will
acquire the property in fee.
Mr. Sutton commented that the property was in use as a dairy farm and
mentioned that he did not see any references to tri-color blackbirds in the
agenda item. Ms. Yokoyama responded that, historically, numerous tri-
colored blackbirds resided on the property. Currently, the tri-colored
blackbirds are no longer seen on the site. Mr. Sutton stated that the
reason he asked that question was that what remains of the blackbirds'
population in Central Valley tends to prefer dairy wheat fields. Mr. Sutton
asked if in the long-term there is a plan for that species to move them off
the dairy wheat fields back to their natural habitat. Mr. Carlon indicated
there had been no observed populations of tri-colored blackbirds noted on
the property.
Mr. Sutton commented that downstream of this location is Bob Gallo's
ranch where extensive restoration work has been completed that was
privately funded and asked to what extent River Partners worked with
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September 4, 2013, WCB Board Meeting Minutes
adjacent landowners. Mr. Sutton also commented that it bothers him to
see us paying full market value for property. Mr. Sutton went on to explain
that private purchasers seldom pay full fair market value, and it feels like
we are being taken advantage of because we are a State agency. We
have to be transparent about our appraisals and so forth, but it seems
unjustified that we have to pay full market value for these properties when
in many acquisitions on the private market this is not the case.
Ms. Finn commented that she does not know why we offer the appraised
value and why we don't negotiate to willing parties in a transaction.
Mr. Sutton commented that this is kind of a sore subject because the
public look at this and say "we never pay full market value, so why does
the State do that?" and that just contributes to the impression that the
State is wasting money on those projects.
Mr. Carlon responded that River Partners have a very long and successful
history of working with neighbors, and the Gallos have hired River
Partners to do habitat restoration work on their properties. Mr. Carlon
added that part of River Partner's goal here is to work hard to integrate
habitat restoration with agricultural practices. He indicated that if you
allow people a little bit of time to understand what is going on and make
arrangements -for example, if someone has been buying their silage
there for many years, and then we walk in and say, "no more silage" —that
puts a lot of people into stress, so a better way to do that is to tell these
people that "in four-five years, this is what we are going to do, and you
have that time to make arrangements". Mr. Carlon stated that they work
with locals in the neighborhood and really try to leverage not only their
dollars but also their local knowledge and networks by working together on
collaborative projects.
Mr. Carlon added that there is a huge public safety flood benefit to this
project, as this is the last piece of the puzzle in a big basin that is prone to
historical flooding, requiring a federal project levee for protecting two
properties — Dos Rios Ranch and this property. With this acquisition, that
levee will no longer need to be maintained, and the ability to park 10,000
acre feet of flood water and take it off at the peak of the flood flows is a
huge deal and one of the reasons why this project has received strong
support from the DWR. Mr. Carlon said that this is a statewide model of
how conservation is not only about species — it is about cost effectively
protecting the public and its safety. Mr. Carlon went on to explain that
they are really excited about all these different collaborative relationships
and aspects of this project.
Mr. Carlon stated that no matter what State pays, the public is going to be
disappointed: if State pays too much — it is wasting taxpayers' money, and
if State pays too little — it is driving private property owners out of business
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September 4, 2013, WCB Board Meeting Minutes
because they can't compete in this case. Ms. Finn commented that is how
real estate works — a small, depressed house gets purchased for less, and
neighbors get upset as it drives down the values of their properties.
Mr. Sutton commented that we are a lot more concerned about paying too
much then paying too little, as it is our job to steward the State's pot of
money and paying too little is the least of our concerns, no matter what it
does to the neighborhood. Mr. Sutton went on to explain that when State
money is involved, it is all about current real estate market in the vicinity,
and he has had a lot of complaints from the public that we consistently pay
fair market value or appraised value, and we have to be transparent about
these appraisals. Mr. Sutton added that he would like to see more
negotiation on the part of our grantees and our staff.
Mr. Dave Means, Assistant Executive Director on Acquisition at the WCB,
said that agrees with Mr. Sutton's comments. Mr. Means went on to
explain that a lot of WCB deals are structured where we are looking for
participating dollars, so we me say that we are only going to put in a
certain amount towards funding a project; however, the project proponents
may decide to raise the rest of funding, as was the case in this particular
project where we are not funding the entire acquisition. Mr. Means added
that we deal with a lot of situations where we are trying to get landowners
to provide a discount and are successful in a number of cases, and will
definitely continue to try and do so. Ms. Finn commented that in this
project the State is paying $3.9 million. Mr. Means said that this is correct
and added the other funds were from DWR and how much they choose to
fund was more of a DWR program decision and not something we would
normally try and negotiate down after the fact. Mr. Means also added that
sometimes the need to fund full fair market value is because we are using
federal dollars and want to maximize these funds by maximizing the match
amount. Also, there are cases where many of our project proponents do
ask for discounted prices from the landowners, many times in response to
our preference not to fund the entire purchase price. However, when a
landowner is adamant about receiving full fair market value and project
partners feel the property is important to protect, then in these cases
paying full fair market value may be appropriate.
Mr. Sutton asked if WCB has ever walked away from a project.
Mr. Donnelly responded that we have, and he did that as a staff at the
WCB when he worked as a Land Agent. Mr. Donnelly went on to explain
that WCB was in a position "this is all we are going to pay for the property
—you either take it or leave it," and they left it, and then they came back a
year and a half later and we bought the property; we had to go through the
appraisal process again and we ended up paying a little bit less.
Nonetheless, we walk away from projects, and we do tell grantees "no"
when don't have the funding necessarily to put into a project.
Mr. Donnelly said that it is not evident that we say no because such
projects don't make it before the Board. Mr. Sutton commented that it
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September 4, 2013, WCB Board Meeting Minutes
seems to him that this is a transparency issue that we have been talking
about at the strategic planning workshops, and added that he would be
very interested to hear about the deals that don't go through, maybe as a
summary at the Board meetings, as that would really inform our
understanding of the staffs work.
Mr. Donnelly said that he would like to make a comment about reducing
property values in neighborhoods. Mr. Donnelly explained that we have to
offer fair market value, and that fair market value is based on an appraisal
that has been approved by the WCB and DGS staff, so the value of that
particular property is set for transaction purposes. If the landowner
chooses to sell the property below fair market value, he or she may take
that difference as a tax write-off. Mr. Donnelly commented,that by offering
something less than an appraised value, we are not decreasing the value
in the local market. Ms. Finn asked if we have statutory requirement to
offer the fair market value. Mr. Donnelly responded that the statutory
requirement is to let people know what the fair market value of their
property is as established in an appraisal approved by the DGS.
Ms. Finn commented that this is a consistent issue throughout the
California conservancies. Mr. Sutton commented that he can assure that
private funders do not pay fair market values.
Mr. Sutton asked if there were any additional questions or comments
about this agenda item. There were none.
It was moved by Ms. Finn that the Wildlife Conservation Board
approve this project as proposed; allocate $3,010,000.00 from the
Habitat Conservation Fund (Proposition 117), Fish and Game Code
Section 2786(b/c) (Proposition 1E) for the grant and to cover internal
project-related expenses; authorize staff to enter into appropriate
agreements necessary to accomplish this project; and authorize staff
to proceed substantially as planned.
Motion carried.
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September 4, 2013, WCB Board Meeting Minutes
15. Palo Verde Ecological Reserve, Expansion 3 $420,000.00
Riverside County
This proposal was to consider the acquisition of fee title to 36± acres of
land adjacent to the Colorado River as an expansion of the California
Department of Fish and Wildlife's (CDFW) Palo Verde Ecological Reserve
(PVER) in Riverside County. This property contains native riparian habitat
and the acreage will assist in implementation of the Lower Colorado River
Multi-Species Conservation Program (LCR MSCP). This acquisition will
also protect a wildlife corridor for unique, rare, endangered, threatened or
fully protected species within a floodplain area.
CDFW, along with other State, federal, tribal, and private entities is a
primary stakeholder and participant in developing and implementing the
LCR MSCP. The protection of designated properties within the LCR
MSCP helps to provide long term species and habitat protection along the
Lower Colorado River basin for 56 covered species. Prominent species
that would benefit from the acquisition of targeted properties include the
southwestern willow flycatcher, yellow-billed cuckoo, elf owl, gila
woodpecker, razorback sucker, and desert tortoise. Ms. Teri Muzik of the
Wildlife Conservation Board briefly described the project and its location.
LOCATION AND SURROUNDING USES
The subject property (Property) is located in the Palo Verde Valley just
south of the city limits of Blythe in southeastern Riverside County. Since
2002, the Wildlife Conservation Board (WCB/Board)has approved the
acquisition of approximately 1,600 acres of land in the Palo Verde Valley
to establish the PVER. The eastern boundary of the reserve is adjacent to
the Colorado River and the western boundary is adjacent to active
agricultural fields. The Palo Verde Valley is part of the Colorado Desert
physiographic province, commonly referred to as the "low desert." The
Colorado River province is bounded on the east by the Colorado River, on
the south by the Mexican border, and on the west and north by the
Transverse Ranges.
PROJECT DESCRIPTION
The Property is a vacant, irregularly shaped parcel that contours around
what was, at one time, part of the channel of the Colorado River and is
located in a primarily agricultural area. The Property is identified as a Tier
1 Property in the Palo Verde Valley-Colorado River Conceptual Area
Protection Plan (CAPP) developed by CDFW. Certain criteria were used
to establish acquisition priorities for properties in the CAPP. Tier 1 is the
highest priority. Tier 1 properties consist of those properties directly
adjacent to, or in close proximity to the current Colorado River channel.
They were also chosen as the highest priority for protection based upon
their level of development threat, location relative to the river, current or
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September 4, 2013, WCB Board Meeting Minutes
historical importance as riparian habitat, and potential for restoration when
considering water rights and existing water delivery infrastructure.
The Property has historically been used for agricultural purposes.
Approximately 5 acres of the Property is an existing natural wildlife
corridor that is legally restricted to open space. Habitat found in the wildlife
corridor may provide important breeding and migratory habitat for the
southwest willow flycatcher, elf owls, and yellow billed cuckoos as well as
a linkage between the desert and river for many wildlife species.
WCB PROGRAM
The proposed acquisition is considered under the WCB's Land Acquisition
Program. The acquisition program is administered pursuant to the
Board's original enabling legislation, "The Wildlife Conservation Law of
1947" (Fish and Game Section 1300, et seq.) to acquire areas that can
successfully sustain wildlife and provide for suitable recreation
opportunities. Under this program acquisition activities are carried out in
conjunction with CDFW evaluating the biological values of property
through development of a Land Acquisition Evaluation/Conceptual Area
Protection Plan (LAE/CAPP). The LAE/CAPP is then submitted to
CDFW's Regional Operations Committee (ROC) for review and approval
and later transmitted to WCB with a recommendation to fund.
MANAGEMENT OBJECTIVES AND NEEDS
CDFW will manage and maintain the Property in its current undeveloped
condition consistent with the objectives of the LCR MSCP. Partnership
funding available under the LCR MSCP will be used to pay all water tolls
and management costs associated with the Property. Unless absolutely
necessary for species and habitat protection or public safety, it is CDFW's
policy that the PVER shall be open to the public for wildlife related use.
Boating, swimming and picnicking are among the most popular outdoor
activities in the general area. Where appropriate, game bird hunting is
also allowed. To include this property in the PVER, appropriate action and
environmental compliance will be undertaken by CDFW and the California
Fish and Game Commission in the future.
TERMS
The Property has been appraised as having a fair market value of
$390,000.00. The appraisal has been reviewed by WCB staff and
reviewed and approved by the Department of General Services (DGS).
The Property owner has agreed to sell the Property for the fair market
value of$390,000.00. The terms and conditions of the proposed
acquisition provide that staff of the WCB review and approve all title
documents, preliminary title reports, documents for purchase and sale,
escrow instructions and instruments of conveyance prior to disbursement
of funds directly into the escrow account established for the acquisition.
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September 4, 2013, WCB Board Meeting Minutes
Once approved by the Board, the transaction will also be reviewed and
approved by DGS.
PROJECT FUNDING
The proposedfunding breakdown for the project is as follows:
Wildlife Conservation Board $390,000.00
Other Project-Related Costs $30,000.00
TOTAL WCB ALLOCATION $420,000.00
It is estimated that an additional $30,000.00 will be needed to cover
project-related administrative costs, including DGS environmental,
appraisal and transaction review costs, escrow and title insurance costs.
FUNDING SOURCE
The purposes of this project are consistent with the authorized uses of the
proposed funding source, the Habitat Conservation Fund (Proposition 17),
Fish and Game Code Section 2786(b/c) (Proposition 1 E) that allows for
the acquisition of habitat to protect natural communities and rare,
endangered, threatened, or fully protected species.
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
The proposed acquisition is has been reviewed for compliance with the
California Environmental Quality Act (CEQA) requirements and is
proposed as exempt under CEQA Guidelines Section 15313, Class 13, as
an acquisition of lands for wildlife conservation purposes, and Section
15325, Class 25, as a transfer of an ownership interest in land to preserve
open space and existing natural conditions, including plant or animal
habitats. Subject to authorization by the WCB, a Notice of Exemption will
be filed with the State Clearinghouse.
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board approve the
project as proposed; allocate $420,000.00 from the Habitat Conservation
Fund, (Proposition 117), Fish and Game Code Section 2786(b/c)
(Proposition 1 E) for the acquisition and to cover internal project-related
expenses; authorize staff to enter into appropriate agreements necessary
to accomplish this project; and authorize staff and the California
Department of Fish and Wildlife to proceed substantially as planned.
Ms. Muzik introduced Mr. Chris Hayes, Deputy Regional Manager, Region
6 with the CDFW, who was in the audience and available to answer
questions.
Mr. Sutton commented that this is another example of paying fair market
value and asked what DGS looks for when they review these acquisitions.
Ms. Muzik responded that in a transaction review, DGS looks at the
acquisitiondocuments to make sure that all of them are in order, that there
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September 4, 2013, WCB Board Meeting Minutes
is a preliminary title report and proof that the landowner was notified about
fair market value.
Mr. Sutton clarified that he was asking specifically about appraisal review.
Ms. Muzik responded that DGS does not look at the projects for WCB the
same way that they do, let's say, for California State Parks where they
consider whether it is an appropriate expenditure or not - in our case that
is the role of the WCB. Ms. Muzik added that this project is essential to
the CDFW. Ms. Muzik went on to explain that this area could be
developed, and a lot of WCB projects have development potential, and
appraisals for those projects actually have development as the highest
and best use. Ms. Muzik explained that we (WCB) are protecting the
habitat as opposed to having this property developed.
Mr. Donnelly clarified that DGS function in this particular project would be
two roles: first would be the appraisal review -we are required, pursuant
to Fish and Game Code that for acquisition by the WCB for the CDFW, the
appraisal that we use has to be reviewed and approved by the DGS;
second, for an acquisition by CDFW, the Director of the DGS needs to
review the documents and sign off. For projects with a value of less than
$150,000.00, WCB has an exemption from DGS and is not required to
send such projects forward for transaction review. Mr. Donnelly went on
to explain that this particular project is over $150,000; therefore, we have
to submit it for the DGS transaction review, and DGS reviews the
transaction documents—they do not look for the reasons or rational
behind the acquisition; they consider the real estate and the legal aspects
of that particular transaction. Mr. Donnelly added that there are several
documents in a standard State acquisition that you have to submit to the
seller, and DGS ensures that the deed is a recordable document, the title
is an insurable title, and compensation is appropriate. Once reviewed, the
Director or staff who have delegation to sign off on those transactions, will
approve the documents and send them back to WCB for recording and
escrow closure.
Mr. Sutton thanked Mr. Donnelly for his comments. Mr. Sutton
commented that the write up for this project says that this area may
provide important breeding and migratory habitat for various bird species
and one thing the Board looks at is if this is going to be true 50 years from
now in the face of changing climate. Our job is not just to protect what is
important now, it is what we need to protect a 100 years from now.
Mr. Sutton commented that, for example, some of these areas may not be
suitable anymore because it would become too hot or too dry. Mr. Sutton
went on to explain that there is a lot of science going on right now that will
be published soon about future bird and mammal ranges; California Fish
and Game Commission is starting to see more endangered species
petitions for alpine species that are going to disappear under projected
climate change, so it is something we need to be considering.
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September 4, 2013, WCB Board Meeting Minutes
Mr. Chris Hayes from CDFW said that this property, once it is made
available to the LCR MSCP will be protected in perpetuity, and the intent
here is to fence and restore it back to original native conditions.
Mr. Hayes said that once it is in the program, the property will be protected
forever. Mr. Sutton thanked Mr. Hayes for his comments and said that his
question was that if any of these species will still be on the property 50
years from now because in changing climate, habitat suitability changes
too, and we may lose a lot of species because they can no longer exist in
the area.
Mr. Donnelly said that he assumes that the LCR MSCP took climate
change in consideration. Mr. Hayes confirmed that this is correct and
went on to explain that the part of the adaptive management of that
program is to look at the impact of climate change. Mr. Hayes went on to
explain that this project will go from agriculture to habitat, and it will be
enhanced to the point where it will get species overflowing to other areas.
Mr. Donnelly commented that the evaluating processes we have in place
require climate change adaptation considerations. Mr. Sutton thanked
Mr. Donnelly for his comments and added that the fundamental issue here
is that we don't want to acquire a house where nobody can live, and it
would not make sense to acquire fabulous habitat that is important today
that turns out not to be important tomorrow. Mr. Donnelly commented
that, on occasion, we work with CDFW to identify projects that are no
longer necessary for the CDFW's needs or meet the requirements they
were originally acquired for. In those situations, the WCB has the
authority to sell or transfer such properties. If we sell them, the money is
returned to our budget and can be used for future projects. Mr. Donnelly
stated that we will continue to use that process when necessary.
Mr. Sutton asked if there were any additional questions or comments
about this agenda item. There were none.
It was moved by Ms. Finn that the Wildlife Conservation Board
approve the project as proposed; allocate $420,000.00 from the
Habitat Conservation Fund, (Proposition 117), Fish and Game Code
Section 2786(b/c) (Proposition 1E) for the acquisition and to cover
internal project-related expenses; authorize staff to enter into
appropriate agreements necessary to accomplish this project; and
authorize staff and the California Department of Fish and Wildlife to
proceed substantially as planned.
Motion carried.
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September 4, 2013, WCB Board Meeting Minutes
16. San Diego River (Palmer) $676,000.00
San Diego County
This proposal was to consider the acceptance of a U.S. Fish and Wildlife
Service Recovery Land Acquisition grant and the approval to subgrant
these federal funds to the Endangered Habitats League (EHL), and to
consider a Wildlife Conservation Board (WCB) grant to EHL to acquire in
fee 9± acres of land for the protection of watershed function, wildlife
linkages and habitat that will support the continued recovery of the State
and federally endangered least Bell's vireo, the southwestern willow
flycatcher, and the federally threatened California gnatcatcher.
Mr. Donnelly explained that Ms. Teri Muzik of WCB will briefly describe the
project and its location, and then Mr. Michael Beck from the EHL will
explain the overall context of this project.
LOCATION AND SURROUNDING USES
The subject property (Property) fronts upon Alpine Boulevard in the
northwest portion of the unincorporated East County community of Alpine,
just south of the Interstate 8 freeway near the Peutz Valley Road junction.
The City of El Cajon is approximately 13 miles westerly and the central
business district of San Diego is about 30 miles to the west. The Property
is situated within the San Diego River watershed. The San Diego River
and its tributaries are one of the few areas in the region still supporting the
least Bell's vireo at the time of its listing in 1986.
The Property is identified for protection within a Multi-Species
Conservation Plan (MSCP), a comprehensive federal, State, and local
habitat conservation planning program that addresses multiple species
habitat needs and the preservation of natural communities for an
approximate 900 square mile area in southwestern San Diego County.
The Property is one in a composite of properties that make up the "bottle
neck", an important and narrow habitat corridor, identified in the MSCP
Crestridge/Harbison Canyon wildlife linkage. To date, there are over
4,000 acres of protected lands within the MSCP being managed for
natural resource conservation purposes.
PROJECT DESCRIPTION
The Property is at or near the grade of Alpine Boulevard and slopes gently
downward westerly into an ephemeral blue-line stream identified as
Chocolate Creek, located within the upper San Diego River watershed.
The Property contains a split level detached single-family residence that
was built in 1980 with 3,173 square feet of living area and an attached 594
square foot two-car garage. Potential future uses for the building include
modifications so it could be utilized as a hub for resource land
management and monitoring activities within the MSCP
Crestridge/Harbinson Canyon area. Additionally, the facility could be
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September 4, 2013, WCB Board Meeting Minutes
made available to conservation partner organizations with minor retrofits
to provide meeting and workshop space, work stations for part-time
interns and volunteers, and storage for supplies, archived materials, and
storage for management and monitoring equipment.
The biological resources onsite include oak woodland, riparian, and
coastal sage scrub habitat. The Property also provides suitable foraging
and dispersal habitat for the State and federally endangered least Bell's
vireo and the southwestern willow flycatcher. The federally threatened
coastal California gnatcatcher is known to occur in this area of San Diego
County and the site provides suitable breeding and foraging habitat. The
Property is also a vital wildlife linkage due to its proximity to the only
undercrossing of Interstate 8 within this segment of the MSCP.
WCB•PROGRAM
The proposed grant and subgrant for this project are being considered
under the WCB's Land Acquisition Program. The acquisition program is
administered pursuant to the Board's original enabling legislation, "The
Wildlife Conservation Law of 1947" (Fish and Game Section 1300, et seq.)
and enables WCB to pursue acquisition on behalf of the California
Department of Fish and Wildlife (CDFW) and accept federal grant funds to
facilitate acquisitions or subgrant these federal funds to assist with
acquisitions of properties. The project has been reviewed and approved
by CDFW under its Natural Community Conservation Plan program,
substantiating the biological values of the property and recommending it
for funding. The USFWS grant proposed for this project has also been
reviewed and approved by CDFW as a participant in the USFWS Land
Acquisition grant selection and review process.
MANAGEMENT OBJECTIVES AND NEEDS
The Property will be cooperatively managed by ELC with the Endangered
Habitats Conservancy (EHC). Currently EHC owns and/or manages
approximately 4,000 acres of MSCP land within the Crestridge/Harbinson
Canyon MSCP Management Unit. Additionally, State and federal wildlife
agencies have asked EHC to consider accepting responsibility for
additional 1,400± acres of conserved habitat lands over the next 18
months. The dwelling on the Property is centrally located to many of
these lands and could be utilized to execute the many monitoring and
management activities in the area. Partner conservation organizations
and agencies that may utilize the building for conservation related
activities include U.S. Geological Survey for monitoring, the Earth
Discovery Institute for environmental education, CFWS, San Diego
Management and Monitoring Program, Urban Corps of San Diego, Back
Country Land Trust, and the Conservation Biology Institute for research.
Given the small size of the parcel, the potential use of the building for
storage of potentially expensive equipment for monitoring and
management and the proximity to the highway, it is likely that any potential
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September 4, 2013, WCB Board Meeting Minutes
for future public access that might be provided would be through guided
tours in conjunction with environmental studies.
TERMS
The Property has been appraised as having a fair market value of
$810,000.00.. The appraisal has been reviewed by WCB staff and
reviewed and approved by the Department of General Services (DGS)
and USFWS. The Property owner has agreed to sell the Property for the
fair market value of$810,000.00. The USFWS funds require a non-
federal match that is proposed to be provided by the proposed WCB grant.
The terms and conditions of the proposed WCB grant and the USFWS
subgrant to EHL provide that staff of the WCB must review and approve
all title documents, preliminary title reports, documents for purchase and
sale, escrow instructions and instruments of conveyance prior to
disbursement of funds directly into the escrow account established for the
acquisition. In the event of a breach of the grant terms, the WCB can
require the landowner to encumber the Property with a conservation
easement in favor of WCB or another approved holder and seek
reimbursement of funds.
PROJECT FUNDING
The proposed funding breakdown for the project is as follows:
Wildlife Conservation Board $666,000.00
WCB -Subgrant of USFWS funds 144,000.00
TOTAL purchase price $810,000.00
Other project related costs $ 10,000.00
TOTAL WCB ALLOCATION $676,000.00
It is estimated that an additional $10,000.00 will be needed to cover
project related administrative costs, including DGS appraisal review costs:
FUNDING SOURCE
The purposes of this project are consistent with the authorized uses of the
proposed funding source, the Habitat Conservation Fund (Proposition
117), Fish and Game Code Section 2786(b/c) that allows for the
acquisition of habitat containing natural communities and for the
protection of rare, endangered, threatened, or fully protected species.
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
The proposed acquisition has been reviewed for compliance with the
California Environmental Quality Act (CEQA) requirements and is
proposed as exempt under CEQA Guidelines Section 15303, Class 3, as
a conversion of a small structure, Section 15313, Class 13, as an
acquisition of lands for wildlife conservation purposes, and Section 15325,
Class 25, as a transfer of an ownership interest in land to preserve open
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September 4, 2013, WCB Board Meeting Minutes
space and existing natural conditions, including plant or animal habitats.
Subject to authorization by the WCB, a Notice of Exemption will be filed
with the State Clearinghouse.
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board approve the
project as proposed; allocate $676,000.00 from the Habitat Conservation
Fund, (Proposition 117), Fish and Game Code Section 2786(b/c) for the
grant and to cover internal project-related expenses; accept the U.S. Fish
and Wildlife Service Recovery Land Acquisition grant in the amount of
$144,000.00 and the subgrant of these funds to the Endangered Habitats
League; authorize staff to enter into appropriate agreements necessary to
accomplish this project; and authorize staff and the California Department
of Fish and Wildlife to proceed substantially as planned.
Ms. Finn asked if the private landowner is the current owner. Mr. Michael
Beck, San Diego Director of the EHL, and Executive Director of the EHC,
responded that the property is the one that EHC acquired to prevent it
from being developed as a horse ranch, which was unacceptable in EHC
view, as this property is the only linkage across the Interstate 8 in the
MSCP. To acquire the property, EHC had to take a loan with the hopes of
obtaining other partnership funding in the future to help fully secure and
protect this property.
Mr. Beck went on to explain that EHL has been a partner with the State in
NCCP program since they started in 1991, and they have had the same
Board for 22 years; they have a Director for each of the five southern
California counties, and Mr. Beck is the San Diego Director. EHC was
formed in 2005 because of a critical need to work in partnership with both
federal and State wildlife agencies and local government to do strategic
acquisitions, management and monitoring. Mr. Beck presented an image
showing a map of the MSCP area - the conservation that was put in place
by the many partners protecting critically important wildlife corridors and
linkages in San Diego County.
Mr. Beck reported that EHC works closely with Conservation Biology
Institute (CBI), the lead scientists in the development of the MSCP, before
and after they acquire land to prioritize activities and expenditures of
money, and which species to focus on.
Mr. Beck showed the last slide on his presentation which represented the
funding that is necessary to manage the land. He went on to explain that
EHL has a budget of approximately $70,000 a year for the Crestridge
Ecological Reserve endowment.
Mr. Sutton asked if EHC negotiated the purchase price for this property.
Mr. Beck responded that the appraised value of the property was the
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September 4, 2013, WCB Board Meeting Minutes
determining factor in the purchase price. He indicated that appraisers
consider many factors when determining the fair market value of the
property. The highest and best use of the property and the comparable
sales are two important considerations when appraising property.
Mr. Beck went on to explain that EHC does not work on a project unless it
has been approved by a State agency. In this case, the property was
appraised and the appraisal was approved by DGS. Ms. Muzik
commented that anytime there is federal money involved, the appraisal
has to be done to the Yellow Book standard, and it is reviewed and
approved by the feds.
Ms. Colborn, Assembly Member Rendon's representative, commented
that WCB not only acquires properties because of their conservation
values, but also many times because the properties are targeted for
potential development. Ms. Colborn commented that sometimes the State
will pay the fair market value to acquire the property rather than lose it to a
developer.
Ms. Finn commented that we probably missed our window in the last five
years with housing and land prices going down —we could have gotten
even better deals at that time.
Ms. Muzik commented that among her projects in San Diego County,
there were some that had tentative development subdivision maps and
were about to be developed. When the prices dropped so significantly,
the WCB was able to acquire these properties for a much lower price.
Mr. Sutton commented that he understands that we are competing in
some cases with other buyers and added that he would like to see one of
these projects where the fair market value is $1 million and we are paying
$600,000 instead of$1 million.
Mr. Donnelly commented that timing is the key in such negotiations, and
there are also processes that we are legally mandated to follow, and
sometimes the landowners are not willing to wait.
Mr. Beck said that when EHC first engage with property owner, they tell
him or her that the process takes 12 to 18 months and there will be a
hearing process to get an approval, and some landowners may not like
that and decide to sell the property to someone else who can pay sooner.
Mr. Sutton asked if there were any other comments or questions about
this agenda item. There were none.
It was moved by Ms. Finn that the Wildlife Conservation Board
approve the project as proposed; allocate $676,000.00 from the
Habitat Conservation Fund, (Proposition 117), Fish and Game Code
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September 4, 2013, WCB Board Meeting Minutes
Section 2786(b/c) for the grant and to cover internal project-related
expenses; accept the U.S. Fish and Wildlife Service Recovery Land
Acquisition grant in the amount of$144,000.00 and the subgrant of
these funds to the Endangered Habitats League; authorize staff to
enter into appropriate agreements necessary to accomplish this
project; and authorize staff and the California Department of Fish
and Wildlife to proceed substantially as planned.
Motion carried.
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September 4, 2013, WCB Board Meeting Minutes
17. San Dieguito River Riparian Habitat Restoration $1,005,000.00
San Diego County
Mr. Donnelly reported that letters of support for this project were received
from the following people: Senator Marty Block, CA State Senate, 39th
District; Assembly Member Brian Mainschein, CA State Assembly, 77th
District, and Councilman Mark Kersey, City of San Diego, 5th District.
This proposal was to consider the allocation for a grant to River Partners
for a cooperative project with the City of San Diego to restore 100± acres
of riparian and oak woodland habitat on City of San Diego property
located just upstream of Lake Hodges, near Escondido in San Diego
County. Ms. Terry Roscoe of the Wildlife Conservation Board briefly
described the project and its location.
LOCATION AND SURROUNDING USES
Located approximately 24 miles north of downtown San Diego and east of
the Interstate 15 freeway, the San Dieguito River Habitat Restoration
project area starts at the east end of Lake Hodges Reservoir and
continues up the San Pasqua) Valley in an easterly direction about one
mile. The project site includes approximately 100 acres of active and
passive riparian habitat restoration.
The watershed extends through a diverse array of habitats from its
eastern headwaters in the Volcan Mountain to its outlet at the San
Dieguito Lagoon and the Pacific Ocean. There are several important
natural areas within the watershed that sustain a number of threatened
and endangered species. Among these are the 55-mile long, 80,000 acre
San Dieguito River Park, the 150-acre San Dieguito Lagoon, and five
water storage reservoirs, the largest of which are Lake Hodges, Lake
Sutherland, and Lake Poway.
PROJECT DESCRIPTION
Historically, the habitat at the project site suffered from unauthorized
recreational use (off-road vehicles), fires, and run-off from adjacent
agricultural operations. Efforts by the City of San Diego Public Utilities
Department to restrict unauthorized access to the site and work with
adjacent landowners to reduce run-off have had a positive impact over the
past 10+ years. However, the project site continues to be a flat,
previously-leveled field that is dominated by non-native grasses and forbs.
River Partners will restore habitat along the north floodplain and bank of
the San Dieguito River. The 100-acre site will be approximately 0.75 river
miles long, by approximately 400 yards wide on the north side of the river.
The project is situated along the main channel and secondary channels of
the San Dieguito River and will greatly benefit from habitat restoration
activities. The restored habitat types will include but not be limited to
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September 4, 2013, WCB Board Meeting Minutes
southern coast live oak riparian forest and southern riparian forest. The
project considered in this proposal will become the first phase in
developing this combined 1,050 acre habitat restoration corridor within the
San Dieguito River Valley.
Twenty-one animal species covered by the San Diego Multiple Species
Conservation Program (MSCP) have been detected in the Lake
Hodges/San Pasqua) Valley Open Space area or in its immediate vicinity.
These species include arroyo toad, San Diego horned lizard, orange-
throated whiptail, Canada goose, bald eagle, peregrine falcon, northern
harrier, tricolored blackbird, southwestern willow flycatcher, least Bell's
vireo, rufous-crowned sparrow, California gnatcatcher, western bluebird,
white-faced ibis, mountain lion, and mule deer. The National Audubon
Society and American Bird Conservancy have recognized Lake Hodges
and the upland habitat around it as a globally important bird area, the first
site in California to receive this distinction.
WCB PROGRAM
The proposed project will be funded through the California Riparian
Habitat Conservation Program and meets the program's goal of increasing
riparian habitat across California by implementing riparian habitat
restoration and enhancement projects.
MANAGEMENT OBJECTIVES AND NEEDS
During the four-year construction period, native seedlings will be installed
in the field and operations and maintenance activities at the site will begin.
River Partners' site work will include ongoing removal of invasive species,
irrigation installation, vegetation mowing, herbicide applications, and
replanting as necessary. Monitoring and reporting activities will continue
through late June 2017 to assure that the plants are successfully
established, four years after the start of the restoration. After project
implementation is complete, long term management of the project area will
be undertaken by the City of San Diego pursuant to the grant between the
Wildlife Conservation Board (WCB) and River Partners and consistent
with the City of San Diego Subarea Plan of the San Diego MSCP.
PROJECT FUNDING
The proposed funding breakdown for the project is as follows:
WCB River Partners City of San Diego Total
Project $913,605 $17,621 $477,000 $1,408,226
Development
Project $91,395 $2,379 $40,200 $133,974
Administration
Total $1,005,000 $20,000 $517,200 $1,542,200
The project will be collaboration between the WCB, the City of San Diego,
and River Partners. WCB's project partners will be responsible for the
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September 4, 2013, WCB Board Meeting Minutes
following components:
1. River Partners will plan and implement the project over a four year
period and will remove invasive species, prepare the soil, install the
irrigation system, purchase and install plants, provide for operation
and management of the restored habitat, and undertake monitoring
and reporting activities.
2. The City of San Diego, as landowner, will make the project site
available to River Partners, acquire all necessary permits, and
maintain the habitat over a 25 year period (as per the agreement
with WCB). The City will also provide irrigation water at no cost
from one of its wells located in or around the project area or directly
from the aqueduct that passes through the property, which provides
water to the City of San Diego.
FUNDING SOURCE
The proposed funding source for this project is the Habitat Conservation
Fund (Proposition 117), Fish and Game Code Section 2786(e/f)
(Proposition 1E), which allows for the acquisition, restoration, or
enhancement of riparian habitat to protect or enhance a flood protection
corridor or bypass, and is consistent with the objectives of this project.
ENVIRONMENTAL COMPLIANCE AND STATE RECOMMENDATION
The California Department of Fish and Wildlife has reviewed this proposal
and recommends it for funding by the WCB. The project is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to
the State CEQA Guidelines (California Code of Regulations, Title 14,
Chapter 3, Section 15304, Class 4, as a minor alteration to land, water
and/or vegetation which does not involve the removal of healthy, mature,
scenic trees. Subject to approval of this proposal by the WCB, the
appropriate Notice of Exemption will be filed with the State Clearinghouse.
STAFF RECOMMENDATION
Staff recommended that the Wildlife Conservation Board and approve this
project as proposed; allocate $1,005,000.00 from the Habitat
Conservation Fund (Proposition 117), Fish and Game Code Section
2786(e/f) (Proposition 1E); authorize staff to enter into appropriate
agreements necessary to accomplish this project; and authorize staff and
the California Department of Fish and Wildlife to proceed substantially as
planned.
Ms. Roscoe introduced Mr. John Carlon, President, and Mr. David
Neubert, Vice President from the River Partners, who were in the
audience and available to answer questions.
Ms. Finn asked if the City of San Diego owns the property. Ms. Roscoe
confirmed that this is correct. Ms. Finn asked if the City offered water at
no cost for its own property. Ms. Roscoe responded that it is City's
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September 4, 2013, WCB Board Meeting Minutes
contribution to this restoration project. Mr. Sutton asked if$517,200 City's
contribution is not cash but "in-kind" water. Ms. Roscoe confirmed that
this is correct. Ms. Sutton asked if the City is offering a 25-year
agreement to manage the property. Ms. Roscoe responded that this is
correct. Mr. Sutton commented that in cases like that one where there is
an MOU in place, it would be useful to have that agreement in the agenda
write up. Mr. Donnelly commented that it is not an MOU; it is a grant
agreement that has standard grant agreement language saying that it is
the City's commitment to manage the restoration for 25 years.
Mr. Perrine commented that a Notice of Grant Agreement was recorded
by the County of San Diego, so the requirements of the grant agreement
will run with the land for 25 years.
Mr. Sutton asked if the budget presented here covers the entire
restoration. Ms. Roscoe responded that the budget covers the first four
years, which is phase I.
Mr. Sutton asked if there were any additional questions or comments
about this agenda item. There were none.
It was moved by Ms. Finn that the Wildlife Conservation Board and
approve this project as proposed; allocate $1,005,000.00 from the
Habitat Conservation Fund (Proposition 117), Fish and Game Code
Section 2786(e/f) (Proposition 1E); authorize staff to enter into
appropriate agreements necessary to accomplish this project; and
authorize staff and the California Department of Fish and Wildlife to
proceed substantially as planned.
Motion carried.
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September 4, 2013,WCB Board Meeting Minutes
18. Strategic Plan Update Informational
Mr. Donnelly reported that on July 23, 2013/the Wildlife Conservation ✓
Board (WCB/Board) held a workshop including all WCB staff and
designated California Department of Fish and Wildlife (CDFW) staff to
develop the strategic plan framework. On August 12, 2013, the WCB held
a Strategic Planning Board Workshop that was open to the public where
the contractor provided information and solicited the Board's comments
and recommendations, as well as public engagement on the framework
developed to date.
Mr. Donnelly provided an update and highlighted the work completed
during the August 12th Strategic Planning Board Workshop and stated that
the contractors are currently working on all comments received.
Mr. Donnelly stated that the WCB project steering committee will be
meeting again with the contractors on September 13, 2013 to complete
the framework for both the second and third phases of the plan.
Mr. Donnelly stated that following the September 13th meeting, the
contractor will present the updated plan to the Board at a second Strategic
Planning Board Workshop scheduled on October 22, 2013.
Mr. Donnelly said that we are making progress and staying within the time
frames that we anticipated. Mr. Donnelly added that he is hopeful that we
will complete the planning process on time and have a strategic plan we
can all be proud from.
Mr. Sutton recalled that one of the topics discussed at the workshop was
the need for the consultants to reach out further beyond the identified
stakeholders and attendees at the planned workshops to engage
additional interested parties. Mr. Sutton further encouraged anyone with
opinions on how the Board can work better and what should be in its
strategic plan to provide input to the consultants.
Mr. Donnelly went on to explain that in addition to the scheduled
workshops, interested parties can attend scheduled quarterly Board
meetings, as well as any of the three public meetings that will be held
statewide— in northern, central, and southern California.
Mr. Donnelly said that once the draft plan is fully developed, it will be
posted on the WCB webpage, and an on-line survey tool will be available
to further engage the public and provide opportunities for comment.
Ms. Finn asked if the plan will eventually provide a road map of
prioritization of habitat and land acquisitions, so when we approve an item,
we can see where it fits in prioritization in the State of California.
Mr. Donnelly commented that there will be goals, objectives and action
plans associated with the programs that are currently administered by the
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September 4, 2013, WCB Board Meeting Minutes
WCB; however, as these programs are tied to specific funding sources,
that will need to be taken into consideration. Mr. Donnelly further stated
that the plan will provide the basis on which staff can identify projects to
bring to the Board, and the Board will know that these are priority projects
consistent with the agreed upon strategic plan.
Mr. Sutton commented that there were a number of calls for more
transparency and a more strategic approach by the Board for acquisitions,
easements, and restoration projects in the larger context because we do
not really know the back story of how all these projects came to the Board
in the first place and where they rank in priority—whether they address
priority landscapes or are the priority of the CDFW. Mr. Sutton said that
he would like to see the reasoning for project selection to be more obvious
instead of being presented with projects that are essentially "done deals"
and don't demonstrate how we direct the work of the Board.
Ms. Finn commented that she does not want the WCB strategic plan to be
driven by how much money we have — if, for instance, riparian habitat is
the highest priority, and we only have $5,000 for the riparian habitat
restoration program but we have $3 million for other programs, the highest
prioritization should still reflect riparian habitat and should be transparent
in the plan.
Mr. Donnelly responded that he would not want to lock the Board into just
one kind of habitat as the highest priority because we may not have the
funding for that particular program in the future.
Mr. Sutton commented that we recognize that the Board should be more
deliberative and strategic in its approach, and issuing requests for
proposals (RFP) could get us there. Mr. Sutton said that putting out an
RFP when the Board wants to accomplish something specific, or
implementing a competitive grant making process could be beneficial —
the process we are using now is competitive in a sense, but it is not a
formal competitive grant program. Mr. Sutton added that he had the
impression from the last workshop that the contractors heard all the
comments and would identify options that might depart from past practice
for consideration.
Mr. Donnelly commented that he would not want to lock in a competitive
grant process or RFPs but suggested that WCB could identify a
percentage of its funding or a percentage of resources available for an
aspect of that process, but we need to be able to act when the best
product comes along, and if we are tied up to a once-a-year competitive
process, we would not be able to act when such opportunity occurs.
Mr. Sutton commented that finding the right balance there is the key—we
don't want to be completely prescriptive, but we should not be only
opportunistic either.
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September 4, 2013,WCB Board Meeting Minutes
Mr. Sutton asked if there were any other questions or comments about
this agenda item. There were none.
With no further business to discuss, the meeting was adjourned at 2:50 P.M.
Respectfully submitted,
Bohn Donnelly
Executive Director
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September 4, 2013, WCB Board Meeting Minutes
PROGRAM STATEMENT
At the close of the meeting on September 4, 2013, the amount allocated to
projects since the Wildlife Conservation Board's inception in 1947 totaled
$2,487,589,847.41. This total includes funds reimbursed by the Federal
Government under the Accelerated Public Works Program completed in 1966,
the Land and Water Conservation Fund Program, the Anadromous Fish Act
Program, the Sport Fish Restoration Act Program, the Pittman-Robertson
Program, and the Estuarine Sanctuary Program.
The statement includes projects completed under the 1964 State Beach, Park,
Recreational and Historical Facilities Bond Act, the 1970 Recreation and Fish
and Wildlife Enhancement Bond Fund, the Bagley Conservation Fund, the State
Beach, Park, Recreational and Historical Facilities Bond Act of 1974, the General
Fund, the Energy Resources Fund, the Environmental License Plate Fund, the
State, Urban and Coastal Park Bond Act of 1976, the 1984 Parklands Fund, the
1984 Fish and Wildlife Habitat Enhancement Bond Act, the California Wildlife,
Coastal and Park Land Conservation Act of 1988, Cigarette and Tobacco
Products Surtax Fund of 1988, California Wildlife Protection Act of 1990, the
Safe, Clean, Reliable Water Supply Mt of 1996, the Natural Resources
Infrastructure Fund, the Harbors and Watercraft Revolving Fund, Forest
Resources Improvement Fund, the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond, Safe Drinking Water, Clean Water,
Watershed Protection, and Flood Protection Fund, California Clean Water, Clean
Air, Safe Neighborhood Parks, and Coastal Protection Fund, Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002, Safe
Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Fund of 2006, and the Wildlife Restoration Fund. In addition to
projects completed with the above funding sources, this statement includes tax
credits awarded under the Natural Heritage Preservation Tax Credit Act. The tax
credits are not reflected in the total amount allocated to projects.
A. Fish Hatchery and Stocking Projects $18,414,719.06
B. Fish Habitat Preservation, Development & Improvement 45,884,717.50
Reservoir Construction or Improvement 5,605,699.00
Stream Clearance and Improvement 32,108,906.86
Stream Flow Maintenance Darns 542,719.86
Marine Habitat 3,191,619.07
Fish Screens, Ladders and Weir Projects 4,435,772.71
C. Fishing Access Projects 58,584,786.38
Coastal and Bay 5,524,134.53
River and Aqueduct Access 21,244,175.38
Lake and Reservoir Access 10,813,623.43
Piers 21,002,853.04
D. Game Farm Projects 146,894.49
E. Wildlife Habitat Acquisition, Development and Improvement 2,284,050,438.98
Wildlife Areas (General) 429,982,722.48
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September 4, 2013, WCB Board Meeting Minutes
Miscellaneous Wildlife Habitat Development 34,393,575.88
Wildlife Areas/Ecological Reserves, (Threatened,
Endangered or Unique Habitat) 783,913,300.89
Land Conservation Area 14,361,940.18
Inland Wetlands Conser. Grants & Easements 27,052,966.69
Riparian Habitat Conser. Grants & Easements 86,533,351.27
Other Wildlife Habitat Grants 907,812,581.59
F. Hunting Access Projects 1,366,898.57
G. Miscellaneous Projects (including leases) 37,152,374.61
H. Special Project Allocations 1,892,496.37
I. Miscellaneous Public Access Projects 39,561,463.38
State Owned 2,291,884.42
Grants 37,269,578.96
J. Sales and/or exchanges 535,058.07
K. Natural. Heritage Preservation Tax Credit Act (tax credits awarded)...(48,598,734.00)
Statutory plans (0.00)
Corridors, wetlands, wildlife habitat, streams and
riparian habitat (6,234,658.00)
Agricultural lands (13,775,640.07)
Water and water rights (0.00)
State and local parks, open space and
archaeological resources (28,588,435.93)
Total Allocated.to Projects $2,487,589,847.41
69