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COACHELLA VALLEY CONSERVATION COMMISSION

Thursday, March 10, 2010 11:00 a.m.

CVAG Offices 73-710 Fred Waring Drive, Suite 119

Palm Desert, CA 92260 (760) 346-1127

THIS MEETING IS HANDICAPPED ACCESSIBLE. ACTION MAY RESULT ON ANY ITEMS ON THIS AGENDA.

1. CALL TO ORDER (Chair Richard W. Kite, Mayor, City of Rancho Mirage) 2. ROLL CALL A. Member Roster P. 4 3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS

This is the time and place for any person wishing to address the Coachella Valley Conservation Commission to do so.

5. COMMITTEE MEMBER/DIRECTOR COMMENTS

2

6. CONSENT CALENDAR

A. Approval of the January 13, 2011 Coachella Valley Conservation Commission Minutes P. 5

Recommendation: Approve.

B. Resolution 11-016: Accept donation of 41 parcels within the CVMSHCP

Conservation Areas from the Friends of the Desert Mountains - Bill Havert P. 10 Recommendation: Approve Resolution 11-016 to accept donation of 41 parcels within the CVMSHCP Conservation Areas from the Friends of the Desert Mountains, and authorize the Executive Director or Chair to sign such documents and take such actions as necessary to effect the conveyance.

C. Support for Coachella Valley Mountains Conservancy Funding in State Water Bond – SB2 – Katie Barrows P. 16

Recommendation: Encourage Support for Inclusion of Coachella Valley Mountains Conservancy in any future State Water Bond and authorize the Chair or Executive Director to contact local legislators requesting their support and to sign a letter of support if necessary.

D. Receive and File 1) Exclusion of the Coachella Valley Multiple Species Habitat Conservation from the

Desert Renewable Energy Conservation Plan Area P. 17

2) Report on Contracts Under $25,000 (Contract Augmentation of $3,000 with Willdan) P. 21

3) CVCC Attendance Roster P. 23

7. DISCUSSION / ACTION A. Receive and File Audited Financial Report, Single Audit Report on Federal

Awards, Statement on Auditing Standards (SAS) 114 Letter and Management Letter for Fiscal Year 2009/10 – Gary Leong P. 24 Recommendation: Receive and File the Reports for Fiscal Year 2009/10.

B. Resolution 11-014: Approve purchase of 8.08 acres from Amr & Jera Hassanein –

Bill Havert P. 29

Recommendation: Approve Resolution 11-014 authorizing the purchase of 8.08 acres from Amr & Jera Hassanein for the purchase price of $50,000 and transaction costs not expected to exceed $1,500.

3

C. Resolution 11-015: Accept donation of 40.36 acre parcel from Kristine

Moore/Charles Hollenbeck/Shelley Hollenbeck – Bill Havert P. 33

Recommendation: Approve Resolution 11-015 authorizing acceptance of the donation of the 40.36 acre parcel and payment of transaction costs not expected to exceed $1,575.

D. CVMSHCP Major Amendment Update – Katie Barrows

Staff will provide an oral update.

E. Consider Nexus Study and Revised Ordinance for Local Development Mitigation Fee - Jim Sullivan The staff report will be provided under separate cover.

8. CLOSED SESSION

A. Conference with Real Property Negotiators (Government Code § 54956.8) Assessors Parcel Numbers incorporated on separate attachment P. 37

9. ANNOUNCEMENTS A. Next Scheduled Meeting:

Coachella Valley Conservation Commission – Thursday, April 14, 2011, 11:00 a.m. The meeting will take place at 73-710 Fred Waring Drive, Suite 119, Palm Desert.

Coachella Valley Conservation Commission

Member Roster

Item 2A

Coachella Valley Conservation Members

JURISDICTION MEMBER

City of Cathedral City Mayor Kathleen DeRosa

City of Coachella Councilmember Emmanuel Martinez

City of Desert Hot Springs Mayor Yvonne Parks

City of Indian Wells Councilmember Bill Powers

City of Indio Councilmember Michael Wilson, Vice Chair

City of La Quinta Councilmember Stanley Sniff

City of Palm Desert Councilmember Cindy Finerty

City of Palm Springs Councilmember Chris Mills

City of Rancho Mirage Mayor Richard W. Kite, Chair

County of Riverside, 1st District Supervisor Bob Buster

County of Riverside, 2nd District Councilmember Terry Henderson (for Supervisor John Tavaglione)

County of Riverside, 3rd District Supervisor Jeff Stone

County of Riverside, 4th District Supervisor John J. Benoit

County of Riverside, 5th District Supervisor Marion Ashley

Coachella Valley Water District Board Member Corky Larson

Imperial Irrigation District Board Member Anthony Sanchez

Staff

Tom Kirk, Executive Director

Katie Barrows, Director of Environmental Resources

Jim Sullivan, GIS Program Director

Gary Leong, Director of Administrative Services

Linda Rogers, Program Assistant II

Item 6A

Coachella Valley Conservation Commission Meeting Minutes January 13, 2011

1. CALL TO ORDER

The meeting of the Coachella Valley Conservation Commission (“CVCC”) was called to order by Chair Richard W. Kite at 11:03 a.m. on January 13, 2011. Chair Kite welcomed Councilmember Michael Wilson, who is the City of Indio’s newly appointed representative to the Coachella Valley Conservation Commission.

2. ROLL CALL Roll call was taken and it was determined that a quorum was present. Members Present Agency Mayor Kathleen DeRosa City of Cathedral City Mayor Yvonne Parks City of Desert Hot Springs (non-voting) Councilmember Michael Wilson City of Indio Councilmember Stanley Sniff City of La Quinta Councilmember Cindy Finerty City of Palm Desert Councilmember Chris Mills City of Palm Springs Mayor Richard W. Kite City of Rancho Mirage Councilmember Terry Henderson County of Riverside – 2nd District (Alternate for Supervisor Tavaglione)

Larry Ward, Assessor-County Clerk- County of Riverside – 3rd District Recorder (Alternate for Supervisor Stone) Supervisor John J. Benoit County of Riverside – 4th District Supervisor Marion Ashley County of Riverside – 5th District Board Member Corky Larson Coachella Valley Water District Members Absent Mayor Eduardo Garcia City of Coachella Board Member Anthony Sanchez Imperial Irrigation District Councilmember Bill Powers City of Indian Wells

Others Present Bud Kopp City of Rancho Mirage Barry R. Busch Riverside County Bill Havert Coachella Valley Mountains Conservancy Ken Waxlax Peter Murray & Associates Fred Bell Noble and Co. James Brownyard Desert Valleys Builders Association Kay Hazen Kaiser Ventures Sharalee Sniff Visitor

The audio file for this committee can be found at: http://www.cvag.org/minutes.htm

Coachella Valley Conservation Commission 2 Minutes – 1-13-11

CVAG Staff Tom Kirk, Executive Director Katie Barrows, Director of Environmental Resources Gary Leong, Director of Administrative Services Jim Sullivan, GIS Program Director Linda Rogers, Program Assistant II

3. PLEDGE OF ALLEGIANCE

Chair Richard W. Kite led in the Pledge of Allegiance.

4. PUBLIC COMMENTS – None. 5. COMMITTEE MEMBER/ DIRECTOR COMMENTS

Tom Kirk announced that yesterday staff received notice that CVCC’s grant request for a $300,000 CalTrans Environmental Enhancement Mitigation Grant has been recommended for approval. If approved, the grant funding would be used to purchase property later in the spring. Tom Kirk also indicated that a new gate will be installed on the upper Bump and Grind Trail. Supervisor Benoit and Assessor-County Clerk-Recorder Larry Ward introduced two students from Palm Desert High School that were participating in the Youth in Government Day. Shadowing Supervisor Benoit for the day was Noah Lax and shadowing Mr. Ward was Michael Tseng.

6. CONSENT CALENDAR

Item 6B was pulled from the Consent Calendar at the request of Board Member Larson.

Approval

IT WAS MOVED BY COUNCILMEMBER SNIFF AND SECONDED BY BOARD MEMBER LARSON TO:

A. Approve the November 4, 2010 Coachella Valley Conservation Commission

Minutes. B. Approve CVCC Policy Number 11-01 adopting a Conflict of Interest Code for the

CVCC This item was pulled from the Consent Calendar for further discussion.

C. Authorize continued engagement with Best, Best and Krieger to provide legal services for MSHCP implementation for an amount not to exceed $75,000


D. Approve a letter to Senator Dianne Feinstein supporting funding for the Cooperative Endangered Species Habitat Conservation Fund and authorize the chair to sign the letter. THE MOTION CARRIED WITH THREE ABSTENTIONS FROM THE COUNTY OF RIVERSIDE 3RD, 4TH, AND 5TH DISTRICTS ON ITEM 6C. Item 6B was pulled from the Consent Calendar for further discussion. Board Member Larson requested staff to check and see if the proper title was referenced in the second paragraph of the Policy where the California Administrative Code Section 18730 was cited. Katie Barrows indicated that staff would check with CVCC’s legal counsel to verify that the Code cited was correct. Tom Kirk added that with the CVCC’s concurrence that this item be approved subject to legal review and potential minor modification. Board Member Larson concurred adding that after legal review of the policy, that it be approved by the Chair. THE MOTION CARRIED WITH RESPECT TO ITEM 6B, CVCC POLICY 11-01, SUBJECT TO LEGAL REVIEW, AND POTENTIAL MINOR MODIFICATION, AND THAT THE POLICY BE APPROVED BY THE CVCC CHAIR.

E. Receive and File

1) Quarterly Unaudited Financial Statements as at December 31, 2010 2) CVCC’s Investment Report as at December 31, 2010 3) CVCC Attendance Roster

Items E1 – E3 were received and filed. 7. DISCUSSION/ACTION A. Election of Vice Chair for FY 2010/11

Nominations were opened for Vice Chair. Nominees were Board Member Larson, who declined the nomination, and Councilmember Michael Wilson. Councilmember Wilson indicated he would be happy to serve as the Vice Chair. IT WAS MOVED BY BOARD MEMBER LARSON AND SECONDED BY SUPERVISOR ASHLEY TO NOMINATE COUNCILMEMBER MICHAEL WILSON, CITY OF INDIO, AS VICE CHAIR. NOMINATIONS WERE THEN CLOSED. THE MOTION CARRIED.

B. Consider Nexus Study and Revised Ordinance for Local Development Mitigation Fee

A discussion ensued regarding a tentative meeting on February 10th, but this will depend on meetings with the building industry and stakeholders. If the Commission is agreeable, a tentative meeting date for February 10th will be set, but CVCC members will be notified two weeks prior to the meeting. The CVCC’s next regularly scheduled meeting will be on March 10th.


IT WAS MOVED BY COUNCILMEMBER HENDERSON AND SECONDED BY COUNCILMEMBER SNIFF TO CONTINUE THIS ITEM UNTIL THE MEETING OF FEBRUARY 10, 2011, OR TO MARCH 10, 2011 IF NO FEBRUARY MEETING IS HELD. THE MOTION CARRIED.

C. Resolutions 11-001 through 11-009 for acquisition of 13 Parcels totaling 148.89

acres

IT WAS MOVED BY COUNCILMEMBER SNIFF AND SECONDED BY SUPERVISOR ASHLEY TO APPROVE RESOLUTIONS 11-001 THROUGH 11-009 AUTHORIZING ACQUISITION OF THIRTEEN PARCELS FOR APPROXIMATELY $961,000. THE MOTION CARRIED.

D. Acceptance of three donation properties totaling 30.81 acres by Resolutions 11-010, 11-011, and 11-012 Board Member Larson commented on the slight difference of transaction costs $3,000 on the Agenda recommendation and $3,150 on the staff report. Ms. Larson requested that the amounts cited on the Agenda and staff report be consistent. Ms. Larson added that the language under fiscal analysis be reworded with respect to transaction costs. Finally, that contract finalization be amended to read: Minor changes/revisions may be made for clarification purposes by CVAG Executive Director and Legal Counsel prior to execution upon review by the CVCC Chair. It was moved by Councilmember Henderson and seconded by Board Member Larson to approve Resolutions 11-010, 11-011, and 11-012 authorizing acceptance of the donation of the subject parcels, payment of transaction costs not expected to exceed $3,000 and, if appropriate, authorizing payment for a plaque or similar token of appreciation for the donors in an amount not to exceed $75 each; and amend Contract Finalization to include “review by the CVCC Chair”.

E. Approve Resolution 11-013, 2010 to purchase tax default parcels from the Riverside County Treasurer-Tax Collector (“2010 Tax Default Parcels”)

IT WAS MOVED BY COUNCILMEMBER SNIFF AND SECONDED BY BOARD MEMBER LARSON TO APPROVE RESOLUTION 11-013 AUTHORIZING OBJECTION TO PUBLIC SALE AND ACCEPTANCE OF TAX DEFAULT PARCELS. THE MOTION CARRIED.

F. Letter to Renewable Energy Action Team regarding Desert Renewable Energy

Conservation Plan

Supervisor Benoit commented that he reviewed the letter with County Counsel and made some suggested changes to the first paragraph. Supervisor Benoit added that with the amended changes that he was in full support of the letter. Further discussion ensued.


IT WAS MOVED BY SUPERVISOR BENOIT AND SECONDED BY MAYOR DEROSA TO AMEND THE FIRST PARAGRAPH OF THE LETTER TO PROVIDE AN EXPLANATION REGARDING OUR CONCERNS WITH THE DRECP STATING THAT THE CVMSHCP ALONG WITH WESTERN RIVERSIDE’S MSHCP BE EXCLUDED FROM THE DRECP AREA, AND AUTHORIZE THE CHAIR TO SIGN THE AMENDED LETTER.

8. ANNOUNCEMENTS A. CVCC 2011 Meeting Schedule

January 13; March 10; April 14; June 9; July 14; Sept. 8; and, Nov. 10. *Meetings in February, May and October have been eliminated by the CVCC unless a meeting is deemed necessary and with advance notification to CVCC members and appropriate public notice.

Next Scheduled Meeting: There was some discussion regarding meeting on February 10, 2011 to address the Mitigation Fee issue. Members were requested to hold February 10th as a “tentative” date on their calendars. CVCC members were advised that an e-mail would be distributed to them advising them whether or not the meeting would be held. Coachella Valley Conservation Commission – Thursday, March 10, 2011, 11:00 a.m. The meeting will take place at 73-710 Fred Waring Drive, Suite 119, Palm Desert.

The meeting was adjourned. Submitted by,

Linda Rogers Linda Rogers Program Assistant II


March 10, 2011

Item 6B

Staff Report

Subject: Resolution 11-016: Accept donation of 41 parcels within the CVMSHCP Conservation Areas from the Friends of the Desert Mountains

Contact: Bill Havert, Acquisitions Manager, Coachella Valley Mountains

Conservancy ([email protected])

RECOMMENDATION: Approve Resolution 11-016 to accept donation of 41 parcels within the CVMSHCP Conservation Areas from the Friends of the Desert Mountains, and authorize the Executive Director or Chair to sign such documents and take such actions as necessary to effect the conveyance. BACKGROUND: The Friends of the Desert Mountains (Friends) is offering 41 parcels valued at $2,517,000.00 by appraisal, located in the Stubbe/Cottonwood Canyon, Upper Mission Creek, and Thousand Palms Conservations Areas; total acreage is approximately 682.04 acres. The parcels include APNs 514-250-004, 517-020-001, 517-020-002, 517-030-001, 517-030-002, 517-030-003, 517-030-006, 517-030-007, 517-061-007, 517-180-004, 517-180-005, 517-180-006, 517-180-007, 517-180-008, 517-180-009, 517-320-001, 520-030-005, 520-030-007, 520-030-008, 520-030-009, 520-030-016, 520-040-001, 520-040-004, 520-040-005, 520-040-007, 520-040-009, 520-040-010, 520-040-011, 520-040-012, 520-060-002, 520-060-003, 520-060-004, 520-060-005, 520-060-006, 520-060-011, 647-070-005, 648-130-003, 659-250-004, 660-240-002, 660-240-003. Upon taking title, CVCC will assume management responsibility for the parcels pursuant to the CV MSHCP. The conveyance of these parcels provides another significant benefit to CVCC. CVCC can use the value of these parcels as a match for Section 6 Cooperative Endangered Species Conservation Fund grant projects. There is currently approximately $5.5 million in federal Section 6 grant funds available for acquisition; the transfer of these parcels as a donation to CVCC will provide the necessary match. USFWS and CDFG are optimistic that additional Section 6 grant funds may be approved in the coming year. These would also require a match. CVCC will incur some costs associated with the conveyance, primarily the cost to clean up illegal dumping on the parcels. CVCC may wish to defer the clean-up of some or all of the parcels until fencing and gating can be installed to prevent future dumping. The CVMSHCP Budget for the current fiscal year adopted in July 2010 includes funds for fencing and gating. Under this scenario, CVCC would accept title to the property and reserve the funds needed for the clean-up until CVCC can plan and obtain bids for the installation of fencing and/or gates.

mailto:[email protected]

Two maps showing the location of the parcels to be conveyed are attached. FISCAL ANALYSIS: The total cost for clean-up and potential miscellaneous transaction costs will not exceed $25,000. Such costs would be paid for from the land acquisition fund (Development Mitigation Fee, Regional Road Project Mitigation and Regional Infrastructure Mitigation).

Resolution No: 11-016

A RESOLUTION OF THE


AUTHORIZING ACCEPTANCE OF

APNs 514-250-004, 517-020-001, 517-020-002, 517-030-001, 517-030-002, 517-030-003, 517-030-

006, 517-030-007, 517-061-007, 517-180-004, 517-180-005, 517-180-006, 517-180-007, 517-180-

008, 517-180-009, 517-320-001, 520-030-005, 520-030-007, 520-030-008, 520-030-009, 520-030-

016, 520-040-001, 520-040-004, 520-040-005, 520-040-007, 520-040-009, 520-040-010, 520-040-

011, 520-040-012, 520-060-002, 520-060-003, 520-060-004, 520-060-005, 520-060-006, 520-060-

011, 647-070-005, 648-130-003, 659-250-004, 660-240-002, 660-240-003

FROM THE FRIENDS OF THE DESERT MOUNTAINS

WHEREAS, the Coachella Valley Conservation Commission (“Commission”) is a public

agency of the State of California formed by a Joint Exercise of Powers Agreement ("JPA”); and

WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat

Conservation Plan/Natural Community Conservation Plan (“Plan”); and

WHEREAS, APNs 514-250-004, 517-020-001, 517-020-002, 517-030-001, 517-030-002,

517-030-003, 517-030-006, 517-030-007, 517-061-007, 517-180-004, 517-180-005, 517-180-006,

517-180-007, 517-180-008, 517-180-009, 517-320-001, 520-030-005, 520-030-007, 520-030-008,

520-030-009, 520-030-016, 520-040-001, 520-040-004, 520-040-005, 520-040-007, 520-040-009,

520-040-010, 520-040-011, 520-040-012, 520-060-002, 520-060-003, 520-060-004, 520-060-005,

520-060-006, 520-060-011, 647-070-005, 648-130-003, 659-250-004, 660-240-002, 660-240-003

were acquired by the Friends of the Desert Mountains (FODM) in the Stubbe/Cottonwood Canyon,

Upper Mission Creek, and Thousand Palms Conservation areas prior to completion of the Plan; and

WHEREAS, FODM now desires to convey these parcels to CVCC; and

WHEREAS, acceptance of the above described property would provide $2,517,000.00

dollars in in-kind match for Section 6 Cooperative Endangered Species Conservation Fund grant

funds;

NOW, THEREFORE, be it resolved that the Commission approves acceptance of said parcels

and the expenditure of a not to exceed amount of $25,000 for clean-up and transaction costs; and

FURTHER, the Commission hereby authorizes the Executive Director to execute all

documents that may be necessary to effect the conveyance of this property from FODM to CVCC.

The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 10th

day of March, 2011.

APPROVED:

___________________________ ___________________________

Richard W. Kite Tom Kirk

Chair Executive Director

Exhibit A

Description of Real Property to be Acquired

The below provides general information about the parcels. Actual legal descriptions will be prepared

as part of the conveyance process.

APN Acres 514250004 76.88 517020001 197.06 517020002 49.68 517030001 28.98 517030002 14.62 517030003 20.70 517030006 12.79 517030007 8.64 517061007 0.25 517180004 125.25 517180005 5.24 517180006 5.52 517180007 2.02 517180008 0.97 517180009 2.57 517320001 19.19 520030005 5.00 520030007 5.00 520030008 5.00 520030009 5.00 520030016 5.00 520040001 5.00 520040004 5.00 520040005 5.00 520040007 5.00 520040009 5.00 520040010 5.00

520040011 5.00

520040012 5.00

520060002 5.00

520060003 5.00

520060004 5.00

520060005 5.00

520060006 5.00

520060011 5.00

647070005 1.25

648130003 5.00

659250004 5.00

660240002 2.50

660240003 2.50

671180024 0.43


March 10, 2011

Item 6C

Staff Report

Subject: Support for Coachella Valley Mountains Conservancy Funding in State Water Bond – SB2

Contact: Katie Barrows, Director of Environmental Resources ([email protected])

RECOMMENDATION: Encourage Support for Inclusion of Coachella Valley Mountains Conservancy in any future State Water Bond and authorize the Chair or Executive Director to contact local legislators requesting their support and to sign a letter of support if necessary.

BACKGROUND: State funding for conservation projects including habitat conservation is often provided through statewide bond measures approved by the voters. The Coachella Valley Mountains Conservancy (CVMC) currently funds acquisition of open space lands including MSHCP lands through funds from Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act which was approved by voters in 2006. Last year, an $11 billion State Water Bond was originally proposed for the November 2010 ballot. However, due to the economic slump, state lawmakers pulled the initiative from the November ballot and put it off until the 2012 election.The proposed Water Bond included funding for water supply, storage, conservation, sustainability and remediation projects and programs throughout the state. The 2010 Water Bond included funding for all of the state conservancies except the Coachella Valley Mountains Conservancy. Now is a good time to encourage our local legislators to support inclusion of the Coachella Valley Mountains Conservancy in any future water bond to fund conservation and watershed protection. Allocation of bond funds to the Coachella Valley Mountains Conservancy has been a major benefit to the implementation of the CVMSHCP by providing funds to help meet the state’s commitment to the land acquisition program. While there is still considerable uncertainty about when, or if, the legislature might reconsider a new water bond, there has been some indication that a legislator may plan to introduce a bill to amend the water bond proposal this year. The request is for the CVCC to authorize staff and the Chair to approach our local state legislators to request their support to ensure that CVMC is given parity with the other state conservancies in any future water bond. In the 2010 Water Bond the Santa Monica Mountains Conservancy and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy were included for $75 million each; the territory of each of these conservancies is roughly equivalent in size with CVMC’s territory. Funding for other state conservancies ranged from $20 million for Baldwin Hills Conservancy to $310 million for the Coastal Conservancy. When CVMC’s Proposition 84 funds are exhausted, there is very little prospect in the foreseeable future for a new state bond measure other than the water bond to provide a new source of habitat acquisition funding to CVMC. It is appropriate for CVCC to support ongoing efforts to get CVMC included in any future water bond measure should it go on the 2012 ballot.

FISCAL ANALYSIS: Information only


March 10, 2011

Item 6D.1

Staff Report

Subject: Exclusion of the Coachella Valley Multiple Species Habitat Conservation Plan from the Desert Renewable Energy Conservation Plan area

Contact: Katie Barrows, Director of Environmental Resources ([email protected])

RECOMMENDATION: Receive and file.

BACKGROUND: At the January 2011 meeting, the CVCC authorized the Chair to sign a letter regarding CVCC’s request to have the CVMSHCP area removed from the Desert Renewable Energy Conservation Plan (DRECP) boundary. The DRECP is a large state/federal planning effort to provide for appropriate development of renewable energy projects while ensuring conservation of desert ecosystems throughout the desert area of California. The final letter is attached for your review. The letter was sent to the DRECP Executive Director and the members of the Renewable Energy Action Team (REAT) which oversees the DRECP.

In early February, CVCC staff received an email notice from DRECP Executive Director Dave Harlow that they would be making revisions to the DRECP Plan Area boundary. At the February 16, 2011 DRECP Stakeholder Committee meeting in Ontario, a revised DRECP Plan Area map was presented, excluding the CVMSHCP entirely. This boundary change was posted to the DRECP website on February 15 and took effect immediately. Also removed were small areas of the Western Riverside Multiple Species Habitat Conservation Plan that had been included in the DRECP boundary.

Assemblyman Nestande and Senator Emmerson announced on February 8, 2011 the introduction of AB 284 which would “. . . exclude any area covered by the Coachella Valley Multiple Species Habitat Conservation Plan from the Desert Renewable Energy Conservation Plan.” The legislation was proposed prior to the information from the DRECP staff about possible removal of the CVMSCP. Given the decision by the DRECP Team to exclude the CVMSHCP, we have advised Assemblyman Nestande’s office that the legislation is not necessary. A letter of appreciation for their efforts on this matter will be sent to both Assemblyman Nestande and Senator Emmerson The CVCC letter to the DRECP team also requested coordination to ensure that activities including renewable energy development under the DRECP will not impact the ability of the CVCC and our partners to meet the CVMSHCP conservation goals and objectives. While our plan has been removed from the DRECP Plan Area, CVCC staff will continue to stay in contact with the DRECP team to coordinate on issues of mutual interest. A DRECP representative will be making a presentation about the Desert Renewable Energy Conservation Plan at the Renewable Energy Roundtable on March 17, 2010 at 10 am at UCR Palm Desert. FISCAL ANALYSIS: Information only

P a c i f i c

O c e a n

M e x i c oM e x i c o

A r i z o n aA r i z o n a

N e v a d aN e v a d a

U t a hU t a h

FIGURE 1-1

Regional Map

DESERT RENEWABLE ENERGY CONSERVATION PLAN

0 2512.5Miles

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Sources: Sources: CEC (2010), USGS (2010), ESRI (2010)

February 8, 201


March 10, 2011

Item 6D.2

Staff Report Subject: Report on Contracts under $25,000 Contact: Jim Sullivan, GIS Program Director ([email protected]) Recommendation: Receive and file this report. Background: A contract augmentation not to exceed $3,000 was made to Willdan Financial Services for assistance with responding to comments from the Desert Valleys Builders Association and finalizing the Fee Nexus Study. Fiscal Analysis: A cost not to exceed $3,000 funded from the Land Acquisition program.


Attendance Roster - 2011Item 6D.3

Jan Mar Apr June Jul Sept Nov

X

DESERT HOT SPRINGS X

X

X

X

X

X

X

X

X

X

X

X = Elected member in attendance

= Member Absent

* CVCC meetings go dark in August and December.

** The CVCC did not meet in February

Calendar Year 2011

CATHEDRAL CITY

Jurisdictions/Permittees Present

PALM SPRINGS

RANCHO MIRAGE

COUNTY OF RIVERSIDE - 2nd Dist.

INDIAN WELLS

COACHELLA VALLEY WATER DIST

IMPERIAL IRRIGATION DISTRICT

INDIO

COUNTY OF RIVERSIDE - 5th Dist.

COUNTY OF RIVERSIDE - 4th Dist.

COACHELLA

LA QUINTA

PALM DESERT

COUNTY OF RIVERSIDE - 3rd Dist.

3/2/2011

Item 7.A

Staff Report Subject: Receive and File Audited Financial Report, Single Audit Report on Federal

Awards, Statement on Auditing Standards (SAS) 114 Letter and Management Letter for Fiscal Year 2009/10

Contact: Gary Leong, Director of Administrative Services ([email protected]) Recommendation: Receive and File the Reports for Fiscal Year 2009/10 Background: The accounting firm of Mayer Hoffman McCann P.C. performed the annual audit on CVCC and issued an unqualified audit opinion. The auditors did not detect any material weaknesses or significant deficiencies in internal controls and there were no material audit adjustments detected by the audit process. Jennifer Farr, a shareholder of Mayer Hoffman McCann PC, will be in attendance at the meeting to present the reports and to receive any questions or comments regarding the audit. CVCC’s Finance Committee, excluding Ms. Amy Ammons, who has retired from Coachella Valley Water District, met on February 22nd to review the draft audited financial reports and the letters and was satisfied with them. The Comprehensive Annual Audited Financial Report and the Single Audit Report are available on CVAG’s website (www.cvag.org). Fiscal Analysis: No financial impact.


http://www.cvag.org/


March 10, 2011

Item 7B

Staff Report Subject: Resolution 11-014: Approve purchase of 8.08 acres from Amr & Jera

Hassanein Contact: Bill Havert, Acquisitions Manager, Coachella Valley Mountains Conservancy

([email protected]) Recommendation: Approve Resolution 11-014 authorizing the purchase of 8.08 acres from Amr & Jera Hassanein for the purchase price of $50,000 and transaction costs not expected to exceed $1,500. Background: The owners of these parcels in the Upper Mission Creek/Big Morongo Canyon Conservation Area (see attached map) have accepted an offer at the CVCC’s appraised value. The offer was contingent upon: (1) approval by the CVCC; (2) a site inspection’s demonstrating that there are no hazardous materials or hazardous conditions on the property, or, if clean-up is required that Seller will effect the clean-up; and (3) Seller’s ability to provide to Buyer an owner's policy of title insurance, in the amount of the total purchase price, evidencing Seller can convey good and marketable, fee simple title, free and clear of all liens, encumbrances and other exceptions, except such liens, encumbrances and exceptions as may be accepted in writing by Buyer, together with unrestricted access. If CVCC approves the purchase of the parcels today, the purchase would remain subject to contingencies 2 and 3. CVMC staff will inspect the property and determine if any clean-up is required before contingency 2 can be removed. CVMC staff will also order a Preliminary Title Report for the property to enable the CVCC Executive Director to determine if contingency 3 can be removed by close of escrow. FISCAL ANALYSIS: A cost of $50,000 for the purchase price and an additional amount not expected to exceed $1,500 for closing costs, funded from the Development Mitigation Fee, Regional Road Project Mitigation and Regional Infrastructure Mitigation.



A RESOLUTION OF THE


AUTHORIZING ACQUISITION OF APNs 664-100-022 and 664-100-026

WHEREAS, the Coachella Valley Conservation Commission (“Commission”) is a public agency

of the State of California formed by a Joint Exercise of Powers Agreement ("JPA”); and



WHEREAS, the primary means of conservation under the Plan is acquisition of land from willing

sellers; and

WHEREAS, APNs 664-100-022 and 664-100-026, comprising approximately 8.06 acres, as

further described in Exhibit A, are within the Upper Mission Creek/Big Morongo Canyon Conservation

Area of the Plan, and were appraised by the Commission; and

WHEREAS, the owner has accepted a contingent offer for CVCC to purchase the property at the

market value determined by the appraisal; and

WHEREAS, acquisition of the above described property would advance the goals and objectives

of the Plan;

NOW, THEREFORE, be it resolved that the Commission approves the purchase of said parcels at

a purchase price of $50,000.00, plus closing costs estimated not to exceed $1,500 to be paid by the

Commission; and

FURTHER, the Commission hereby authorizes the Executive Director to execute Escrow

Instructions, Amendments to Escrow Instructions, Certificate of Acceptance, and any and all other

documents that may be necessary to effect the acquisition of this property.

The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 10th day of

March, 2011.

APPROVED:

___________________________ ___________________________



Exhibit A


The following is a draft legal description of APN 664-100-022. The final legal description will be

prepared by the title com

3.08 ACRES M/L IN A PORTION OF PARCEL 3, RECORD OF SURVEY 040/030 IN THE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

Item 7C

Staff Report Subject: Resolution 11-015: Accept donation of 40.36 acre parcel from Kristine

Moore/Charles Hollenbeck/Shelley Hollenbeck Contact: Bill Havert, Acquisitions Manager, Coachella Valley Mountains Conservancy

([email protected]) Recommendation: Approve Resolution 11-015 authorizing acceptance of the donation of the 40.36 acre parcel and payment of transaction costs not expected to exceed $1,575 Background: (See attached map.) The owner of 40.36 acres located in the Dos Palmas Conservation Area, APN 731-050-001, has offered to donate the property to the CVCC. The offer is contingent upon CVCC's paying the transaction costs (escrow fees, title insurance, etc.) so that the donor would not have out-of-pocket expenses. The transaction costs are estimated to be under $1,500. The value of the property is considered to be at least $20,000. Mitigation credit for the donation would accrue to CVCC. Acceptance of the donation should be contingent upon the title report's evidencing that Donor can convey good and marketable, fee simple title, free and clear of all liens, encumbrances and other exceptions, except such liens, encumbrances and exceptions as may be accepted in writing by CVCC. The estimated cost of this transaction includes the purchase of a plaque or similar token of appreciation for the donors in an amount not to exceed $75 each. FISCAL ANALYSIS: A cost not to exceed $1,575 funded from the Development Mitigation Fee, Regional Road Project Mitigation and Regional Infrastructure Mitigation.



A RESOLUTION OF THE


AUTHORIZING ACCEPTANCE OF DONATION OF

APN 731-050-001

WHEREAS, the Coachella Valley Conservation Commission (“Commission”) is a public

agency of the State of California formed by a Joint Exercise of Powers Agreement ("JPA”); and



WHEREAS, the primary means of conservation under the Plan is acquisition of land from

willing sellers; and

WHEREAS, APN 731-050-001, comprising approximately 40.36 acres, as further described

in Exhibit A, is within the Dos Palmas Conservation Area of the Plan,; and

WHEREAS, the owner has offered to donate the parcel contingent upon the Commission’s

paying all transaction costs; and

WHEREAS, acceptance of the above described property would advance the goals and

objectives of the Plan;

NOW, THEREFORE, be it resolved that the Commission approves the acceptance of the

property and payment of the costs associated with the transaction not to exceed $1,575.00; and

FURTHER, the Commission hereby authorizes the Executive Director to execute Escrow

Instructions, Amendments to Escrow Instructions, Certificate of Acceptance, and any and all other

documents that may be necessary to effect the acquisition of this property.

The foregoing Resolution was passed by the Coachella Valley Conservation Commission this 10th

day of March 2011.

APPROVED:

___________________________ ___________________________



Exhibit A


The following is a draft legal description of APN 731-050-001. The final legal description will be

prepared by the title company.

40.36 acres M/L comprising the northwest quarter of the northwest quarter of Section 7,

Township 8 South, Range 12 East.

Item 8.A

8. CLOSED SESSION A. Conference with Real Property Negotiators (Government Code § 54956.8)

Property: Assessors Parcel Number 648130004 Agency negotiator: Bill Havert Negotiating parties: Juan Gastelum Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648130006 Agency negotiator: Bill Havert Negotiating parties: Gastavo Diaz Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648160001 Agency negotiator: Bill Havert Negotiating parties: Howard Golden Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648160004, 648160005 Agency negotiator: Bill Havert Negotiating parties: Dennis L Stieber Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648160006 Agency negotiator: Bill Havert Negotiating parties: Reynaldo Quiroz Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648160008, 648160016, 648160021, and 648160022 Agency negotiator: Bill Havert Negotiating parties: Joan L Flynn Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648160010 Agency negotiator: Bill Havert Negotiating parties: Mario I Alvarez Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648160011 Agency negotiator: Bill Havert Negotiating parties: Clayton E Wells Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648160013 Agency negotiator: Bill Havert Negotiating parties: Stella A DeVito Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648160015 Agency negotiator: Bill Havert Negotiating parties: Serafin Leon Instruction to negotiator regarding price and terms

Item 8.A (continued)

Property: Assessors Parcel Number 648160019 Agency negotiator: Bill Havert Negotiating parties: Cyla Tarre Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648170002 Agency negotiator: Bill Havert Negotiating parties: Sassoon J Ezra Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648180002 Agency negotiator: Bill Havert Negotiating parties: Joseph Silverstein Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648180015 Agency negotiator: Bill Havert Negotiating parties: Armando Aguilera Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648180019 Agency negotiator: Bill Havert Negotiating parties: Michael S Leone Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648180020 Agency negotiator: Bill Havert Negotiating parties: Bladimiro Valdez Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648190002 Agency negotiator: Bill Havert Negotiating parties: Eva G Buckland Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648190003 Agency negotiator: Bill Havert Negotiating parties: Steve F Garcia Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648190009 Agency negotiator: Bill Havert Negotiating parties: Eusebio G Hernandez Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 648220018 Agency negotiator: Bill Havert Negotiating parties: Lyons Barbara M Gonzales Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 657290002 Agency negotiator: Bill Havert Negotiating parties: Sofia Sarofim Israel Instruction to negotiator regarding price and terms


Property: Assessors Parcel Number 660020015 Agency negotiator: Bill Havert Negotiating parties: Mamie Ellen Kern Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660020020 Agency negotiator: Bill Havert Negotiating parties: Kaufman Dbpp Arnold Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660060033, 660170002, 660170006, 660020040, 665190025, 665190027, 669230003, and 669140004 Agency negotiator: Bill Havert Negotiating parties: Gary Kading Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660091001 Agency negotiator: Bill Havert Negotiating parties: B J Stall Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660091002 Agency negotiator: Bill Havert Negotiating parties: Darren Edward Arnaud Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660091003 Agency negotiator: Bill Havert Negotiating parties: Mark S Gellman Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660092001 and 660092002 Agency negotiator: Bill Havert Negotiating parties: Margaret M Justice Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660093002 Agency negotiator: Bill Havert Negotiating parties: Susan E Edgar Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660093003 Agency negotiator: Bill Havert Negotiating parties: Nicholas Dwight Moon Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660093008 Agency negotiator: Bill Havert Negotiating parties: Paiz Instruction to negotiator regarding price and terms


Property: Assessors Parcel Number 660101006 and 660101007 Agency negotiator: Bill Havert Negotiating parties: Eddie F Arugay Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660102002 Agency negotiator: Bill Havert Negotiating parties: Arthur William Rogers Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110004 Agency negotiator: Bill Havert Negotiating parties: John Solomon Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110005 Agency negotiator: Bill Havert Negotiating parties: David B Henderson Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110007 Agency negotiator: Bill Havert Negotiating parties: Elias & Ramirez P Castro Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110008 Agency negotiator: Bill Havert Negotiating parties: J M Raines Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110010 Agency negotiator: Bill Havert Negotiating parties: Jack Birns Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110011 Agency negotiator: Bill Havert Negotiating parties: Shevlin & Shoenberger Schlecet Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110013 Agency negotiator: Bill Havert Negotiating parties: Ambrosio Rios Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110017 Agency negotiator: Bill Havert Negotiating parties: Mark Hocking Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110025 Agency negotiator: Bill Havert Negotiating parties: Carlos Arellano Instruction to negotiator regarding price and terms


Property: Assessors Parcel Number 660110027 and 660110027 Agency negotiator: Bill Havert Negotiating parties: Donnie Ray Brasher Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 66011034 and 660110035 Agency negotiator: Bill Havert Negotiating parties: Jack Birns Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110038 Agency negotiator: Bill Havert Negotiating parties: Orlando Gonzales Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110044 Agency negotiator: Bill Havert Negotiating parties: Ronald W Burgess Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110045 Agency negotiator: Bill Havert Negotiating parties: Juan Pinedo Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660110050 and 660110052 Agency negotiator: Bill Havert Negotiating parties: M Raines Instruction to negotiator regarding price and terms

Property: Assessors Parcel Number 660110051 Agency negotiator: Bill Havert Negotiating parties: Alfred S Nowak Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660120005, 660120007, 660120008, and 660120010 Agency negotiator: Bill Havert Negotiating parties: Rosa E Alvarez Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 660120009 Agency negotiator: Bill Havert Negotiating parties: Priscilla Escobedo Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 661020002 and 661020003 Agency negotiator: Bill Havert Negotiating parties: Abbas Kouhkan Instruction to negotiator regarding price and terms


Property: Assessors Parcel Number 661020004, 661020005, 661020006, and 661020007 Agency negotiator: Bill Havert Negotiating parties: Indigo Lakes Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 661020014 Agency negotiator: Bill Havert Negotiating parties: Shiu Hsia Chen Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 663260015, 663260016, and 663260017 Agency negotiator: Bill Havert Negotiating parties: Joseph Piccinini Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 663330003 Agency negotiator: Bill Havert Negotiating parties: Valentine Gregory Gednov Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 664090005 Agency negotiator: Bill Havert Negotiating parties: Glen Alpert Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 664090007 and 664090012 Agency negotiator: Bill Havert Negotiating parties: Acre Dev Co Lee Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 664120003 and 664130007 Agency negotiator: Bill Havert Negotiating parties: Jules Laurie Partnership Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 664130011 Agency negotiator: Bill Havert Negotiating parties: Husain Umar Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665090005 Agency negotiator: Bill Havert Negotiating parties: Shari S Carruthers Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665090010 Agency negotiator: Bill Havert Negotiating parties: Quality King Distributors Inc Instruction to negotiator regarding price and terms


Property: Assessors Parcel Number 665090011 Agency negotiator: Bill Havert Negotiating parties: Francisco G Calleja Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665090012 Agency negotiator: Bill Havert Negotiating parties: Eugene Cho Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665090018 Agency negotiator: Bill Havert Negotiating parties: Kuang Wei George Wu Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665090019 Agency negotiator: Bill Havert Negotiating parties: Joel Rettew Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665090021 Agency negotiator: Bill Havert Negotiating parties: Nirmala Kripanarayanan Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665100007 Agency negotiator: Bill Havert Negotiating parties: Max Y Garcia Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665100008 Agency negotiator: Bill Havert Negotiating parties: Martin Karel Snytsheuvel Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665100009 Agency negotiator: Bill Havert Negotiating parties: David John Bright Sr. Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665100013 Agency negotiator: Bill Havert Negotiating parties: Ruth Marie Ramirez Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665100014 Agency negotiator: Bill Havert Negotiating parties: Rosalio Araiza Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665100015 Agency negotiator: Bill Havert Negotiating parties: Timothy J Slattery Instruction to negotiator regarding price and terms


Property: Assessors Parcel Number 665100021 Agency negotiator: Bill Havert Negotiating parties: Waheed Am Alawadhi Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665100022 Agency negotiator: Bill Havert Negotiating parties: Theodore Belzman Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665100028 Agency negotiator: Bill Havert Negotiating parties: Ishell Linares Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665100029 Agency negotiator: Bill Havert Negotiating parties: Joseph Njakara Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665190015 Agency negotiator: Bill Havert Negotiating parties: Chuang-Ti Hung Md Inc Dbpp & T Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665200009, 665200010, and 665200012 Agency negotiator: Bill Havert Negotiating parties: Lfre Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665200011 Agency negotiator: Bill Havert Negotiating parties: Survivors Feldman Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 665210007 and 665210009 Agency negotiator: Bill Havert Negotiating parties: Valerie Kay Gumbiner Enterprises Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 671120001, 671130002, 671190001, 671190002, 671190003, 671190004, 671190005, 671190006, 671190007, 671190008, 671190009, 671200002, 671200010, 671200011, and 671200012 Agency negotiator: Bill Havert Negotiating parties: Desert Valley LLC Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 671200003, 671200004, and 671200005 Agency negotiator: Bill Havert Negotiating parties: Ultimate Return Inc. Instruction to negotiator regarding price and terms


Property: Assessors Parcel Number 671200006 Agency negotiator: Bill Havert Negotiating parties: Gary W Holtz Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 671200008 Agency negotiator: Bill Havert Negotiating parties: Peter A Zarenejad Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 671200009 Agency negotiator: Bill Havert Negotiating parties: Dave King Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 671200013 Agency negotiator: Bill Havert Negotiating parties: Miguel A. Ocampo Instruction to negotiator regarding price and terms Property: Assessors Parcel Number 750190003, 750190,004, and 750190005 Agency negotiator: Bill Havert Negotiating parties: Desert Heights Development Group Palm Desert Instruction to negotiator regarding price and terms

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