GENERAL BUSINESS
Meeting Date: May 11, 2022
______________________________________________________________________
TO: Mayor and City Council Members
FROM: Dan York, City Manager
SUBJECT: Sunset Road Extension Providing Connection between Bundy Canyon Road and Clinton Keith Road: City of Lake Elsinore Covered Road Agreement Notice to Nullify and Void Agreement
STAFF REPORT
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to send notice to the City of Lake Elsinore that the executed Covered Road Agreement is null and void;
2. Direct staff to continue coordination with City of Lake Elsinore on north- south circulation improvements between the agencies.
BACKGROUND:
City Council discussed General Business item 3.4 on February 10, 2021 considering a Sunset Road Extension and an Agreement with the City of Lake Elsinore. At that meeting the City Council:
1. Directed Staff to pursue a Minor Amendment to the Multiple Species Habitat Plan (MSHCP) for a future Road that ultimately connects Bundy Canyon Road and Clinton Keith Road currently referred to as Sunset Road Extension;
2. Directed the City Council Committee Member(s) representing Riverside Conservation Authority (RCA) and Riverside County Transportation Commission (RCTC) promote the Sunset Road Extension and Minor Amendment within t he Regional Committees, Commissions and Boards;
3. Authorized the City Manager to execute the Covered Road Agreement with the City of Lake Elsinore;
4. Authorized the City Manager to execute the Wildomar Meadows Reimbursement Agreement; and
5. Authorized the City Manager to make minor adjustments deemed necessary to achieve the objectives of the agreements including securing a third party to serve as the Trustee for the deed(s) of trust.
DISCUSSION SUMMARY:
As directed, staff submitted a proposal for a Minor Amendment and executed the Covered Road Agreement with the City of Lake Elsinore.
The U.S. Fish and Wildlife Service and California Department of Fish and Wildlife in coordination with Riverside Conservation Agency reviewed the city’s proposal for a Minor Amendment. Attach ed includes the letter from the agencies opining that the proposal does not meet the criteria for a Minor Amendment. The letter claims the Sunset extension increases development in the conservation area; interferes with the assembly of t he MSHCP; creates a barrier for terrestrial wildlife; and, bisects the functionality of the wildlife corridor. Therefore, the city would need to pursue a Major Amendment for further consideration of the Sunset extension. A Major Amendment is costly and r equires all members of the Habitat Plan’s concurrence. Therefore, staff does not recommend pursuing a Major Amendment at this time.
The Agreement with the City of Lake Elsinore included provision in the event a Minor Amendment was not approved. The provision requires written Notice that the Agreement becomes null and void. As a result of nullifying the Agreement, the City of Lake Elsinore will not transfer covered road area to the City of Wildomar and the City of Wildomar will not be obligated to fund, design and construct the Lost Road Enhancements. Therefore, staff recommends preparing the written notice to the City of Lake Elsinore to nullify the agreement.
The premise for the City of Lake Elsinore and the City of Wildomar to pursue the Sunset extension and the improvements to Lost Road was improved access to both communities in the event of natural disaster or circulation impacts resulting accidents or short -term closures on Railroad Canyon or Bundy Canyon . Staff recommends continued coordination with the City of Lake Elsinore to address the premise including the study of improvement to Cottonwood Canyon between the two agencies.
FISCAL IMPACT:
None.
Submitted by:
Daniel A. York
City Manager
ATTACHMENTS:
USFW and CDFW December 3, 2021 Letter
U.S. Fish and Wildlife Service
Palm Springs Fish and Wildlife Office
777 East Tahquitz Canyon Way, Suite 208
Palm Springs, California 92262
760-322-2070
FAX 760-322-4648
California Department of Fish and Wildlife
Inland Deserts Region
3602 Inland Empire Blvd., Suite C-220
Ontario, California 91764
909-484-0167
FAX 909-481-2945
In Reply Refer To:
FWS/CDFW-WRIV-22B0020-22CPA0030
December 3, 2021
Sent by email
Matthew Bassi
City of Wildomar
Planning Department
23873 Clinton Keith Rd. Suite 201
City of Wildomar, CA 92595
Subject: Request for a Minor Amendment to the Western Riverside County MSHCP to authorize a Covered Road Exchange allowing the Extension of Sunset Avenue from Bundy Canyon Road southward to La Estrella Road, City of Wildomar Dear Mr. Bassi:
The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Wildlife (CDFW), hereafter referred to jointly as the Wildlife Agencies, have reviewed the Request for a Minor Amendment for a Covered Road Exchange report (September 1, 2021) (Proposal or proposed Minor Amendment) proposed by the City of Wildomar (City), which we received from the City on October 6, 2021. The Wildlife Agencies are providing the following comments as they relate to the Proposals’ consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), and, in particular, with the Section 20.4 (Minor Amendments) of the MSHCP Implementation Agreement (IA) and Section 6.10.2 (Minor Amendments) of the MSHCP document itself. While the Wildlife Agencies appreciate the information provided, we do not concur that the Proposal meets the criteria set forth in the IA or MSHCP for a Minor Amendment. Our reasoning is provided below.
Description of the Proposal
The purpose of the proposed Minor Amendment is to provide MSHCP coverage for a new road in the MSHCP Criteria Area. The effects of planned roadways on the conservation of biological resources were evaluated during the planning and development of the MSHCP. The MSHCP provides coverage for identified planned roads within the MSHCP Criteria Area. Only those planned roadways identified in the MSHCP are Covered Activities within the Criteria Area. As stated in the MSHCP (page 7-31), roadways other than those identified in the Plan cannot be covered without an amendment to the MSHCP.
The proposed Minor Amendment would provide for the extension of Sunset Avenue into the MSHCP Criteria Area. The extension of Sunset Avenue into the Criteria Area is not a Covered Activity. The City proposes to vacate Ramsgate/Rosetta Road, a planned road within Subunit 5- Ramsgate of the Lake Elsinore Area Plan, in exchange for the proposed extension of Sunset Avenue within Subunit 4-Sedco Hills of the Lake Elsinore Area Plan (pg. 28 Figure 7 of the Request for a Minor Amendment for a Covered Road Exchange report). Ramsgate/Rosetta Road, a planned Covered Activity, is located in MSHCP Rough Step Analysis Unit 8, and the proposed extension of Sunset Avenue, not contemplated in the MSHCP, is located in MSHCP Rough Step Analysis Unit 6.
Mr. Matthew Bassi (FWS/CDFW-WRIV-22B0020-22CPA0030) 2
The MSHCP does not include a planned covered road through Subunit 4 of the Elsinore Area Plan as the area is described for conservation in Proposed Linkage 8.
MSHCP Amendment Process
Minor Amendment
As stated above, roadways other than those identified Section 7.3.5 are not covered without an amendment to the MSHCP in accordance with the procedures described in modification and amendment section of the MSHCP (Section 6.10). The Wildlife Agencies have assessed the Proposal to determine if it can be covered by the MSHCP with a Minor Amendment, or if a Major Amendment is needed. Section 6.10.2 of the MSHCP provides that:
“Minor Amendments are amendments to the MSHCP of a minor or technical nature where the effect on Covered Species, level of Take and Permittees’ ability to implement the MSHCP are not significantly different than those described in the MSHCP as originally adopted.
Minor Amendments to the MSHCP shall not require amendments to the IA or the Permits.” Section 6.10.2 of the MSHCP identifies a procedure and three criteria to determine if a proposal is appropriate as a Minor Amendment:
“Any Party may propose Minor Amendments to the MSHCP or the IA by providing written notice to all other Parties. Such notice shall include a description of the proposed Minor Amendment, an explanation of the reason for the proposed Minor Amendment, an analysis of its environmental effects including any impacts to the Conservation of Covered Species and a description of why that Party believes the effects of the proposed Minor Amendment: (1) are not significantly different from, and are biologically equivalent to, the terms in the MSHCP as originally adopted; (2) substantially conform to the terms in the MSHCP as originally adopted; and (3) will not significantly reduce the ability to acquire the Additional Reserve Lands.”
Additionally, item C in both Section 20.4 of the IA and MSHCP Section 6.10.2 provides:
“C. Transfer of target Reserve Assembly acreages between identified subunits within a single Area Plan and/or between Area Plans within a single Rough Step Analysis Unit consistent with the Criteria, as set forth in Sections 3.0 and 6.7 of this document;” The Proposal provides for the exchange of impact acreage within a single Area Plan, the Elsinore Area Plan, but across Rough Step Analysis Units 8 and 6 which is inconsistent with the Minor Amendment criteria above. Every Rough Step Analysis Unit identifies critical vegetation communities to support the MSHCP Covered Species associated with the relevant Reserve Assembly features. The proposed road extension would increase development in Rough Step Analysis Unit 6, upsetting the balance between development and described conservation in Rough Step Analysis Unit 6, and significantly interfere with the assembly of MSHCP Proposed Linkage 8.
The proposed extension of Sunset Avenue is a significant departure from the Reserve Assembly in the MSHCP, as adopted, that would result in a substantial barrier to the movement of many terrestrial Mr. Matthew Bassi (FWS/CDFW-WRIV-22B0020-22CPA0030) 3 wildlife species across Proposed Linkage 8, one of only two major east-west wildlife corridors connecting MSHCP Existing Core conservation area K (the San Jacinto Mountains/San Bernardino National Forest) with Existing Core B (the Santa Ana Mountains). Furthermore, the Proposal would reduce the area available for acquisition of Additional Reserve Lands needed for Proposed Linkage 8 in Cell Group L’. The proposed road extension footprint would not be available for conservation and the bisection of Proposed linkage 8 would unacceptably degrade or eliminate its function.
Major Amendment
Since the Proposal does not meet the criteria for a Minor Amendment as described in the MSHCP and the IA, due to the inconsistency with reserve assembly criteria and impacts across Rough Step Analysis Units, the Proposal would require a Major Amendment. The Major Amendments Section
20.5 of IA identifies criteria and the process that require a Major Amendment. Items A and E within Section 20.5.1 state:
“A. All amendments not contemplated in this Agreement as clerical or Minor Amendments to the MSHCP, except subsequent minor changes which are not specifically listed as a Minor Amendment in this Agreement that the Wildlife Agencies have determined to be insubstantial and appropriate for implementation as a Minor Amendment;…” “E. Interpretations of MSHCP Criteria that are inconsistent with the procedure described in Section 3.0 of the MSHCP.”
Conclusion
The Wildlife Agencies do not concur that the Proposal is appropriate for implementation as a Minor Amendment under the described criteria and procedures set forth in both the Implementation Agreement and the MSHCP because exchanges across Rough Step Analysis Units do not conform to the terms in the MSHCP as originally adopted; the Proposal will affect the composition and function of the affected reserve feature; and the area available for reserve assembly in Proposed Linkage 8 will be diminished, preventing biological equivalence. We have determined that if pursued the Proposal would require a Major Amendment.
We appreciate the City of Wildomar’s commitment to the MSHCP and are available to discuss our comments. To schedule a follow up meeting regarding this letter, please contact James Thiede of the Service at [email protected] or Carly Beck of the CDFW at [email protected] .
Si ncerely,
Rollie White Scott Wilson
Assistant Field Supervisor Environmental Program Manager U.S. Fish and Wildlife Service California Department of Fish and Wildlife cc:
Tricia Campbell, Regional Conservation Authority
Digitally signed by
ROLLAND WHITE
Date: 2021.12.03
10:55:21 -08'00'
WILDOMAR CEMETERY DISTRICT
REGULAR MEETING MINUTES
APRIL 13, 2022
CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
The Regular meeting of April 13, 2022, of the Wildomar Cemetery District was conducted in- person at the Wildomar Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California, and was called to order by Chair Benoit at 8:06 p.m.
District Roll Call showed the following:
Members in attendance: Trustees DePhillippo, Moore, Nigg, Vice Chair Morabito, Chair Benoit
Members absent: None
Staff in attendance: General Manager York, District Counsel Jex, Clerk of the Board Morales, Planning Director Bassi, Administrative Services Director Howell, Project Consultant Riley, Economic Development Director Davidson, Cemetery District Manager Torres, Senior Engineer Farag, Development Manager Stadnik and Code Enforcement Supervisor Berroteran.
PUBLIC COMMENTS
There were no public comments.
BOARD COMMUNICATIONS
There were no board communications.
APPROVAL OF THE AGENDA AS PRESENTED
There were no changes to the agenda as presented.
4.0 CONSENT CALENDAR
A MOTION was made by Trustee Nigg seconded by Trustee Moore, to approve the Consent Calendar.
City of Wildomar
Cemetery Minutes
April 13, 2022
2 MOTION carried, 5-0, by the following vote:
YEA: DePhillippo, Moore, Nigg, Vice Chair Morabito, Chair Benoit NAY: None
ABSTAIN: None
ABSENT: None
4.1 Minutes – March 9, 2022 Regular Meeting
Approved the Minutes as presented.
4.2 Warrant Register
Approved the following:
1. Warrant Register dated 03-03-2022 in the amount of $7,045.86.
2. Warrant Register dated 03-10-2022 in the amount of $1,096.81.
3. Warrant Register dated 03-24-2022 in the amount of $25.00.
4. Warrant Register dated 03-31-2022 in the amount of $1,630.80.
4.3 Treasurer’s Report
Approved the Treasurer’s Report for February 2022.
5.0 PUBLIC HEARINGS
There were no items scheduled.
6.0 GENERAL BUSINESS
There were no items scheduled.
GENERAL MANAGER REPORT
There was no report given.
FUTURE AGENDA ITEMS
There were no future agenda items added.
City of Wildomar
Cemetery Minutes
April 13, 2022
3 ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
There being no further business, Chair Benoit declared the meeting adjourned at 8:06 p.m.
Submitted by: Approved by:
______________________________ ______________________________ Janet Morales, CMC Ben J. Benoit
Clerk of the Board Chair
WILDOMAR CEMETERY DISTRICT
Agenda Item #4.2
CONSENT CALENDAR
Meeting Date: May 11, 2022
______________________________________________________________________
TO: Chairperson and Members of the Board of Trustees
FROM: Robert Howell, Administrative Services Director
SUBJECT: Warrant Register
STAFF REPORT
RECOMMENDATION:
Staff recommends that the Board of Trustees approve the following:
1. Warrant Register dated 04-07-2022 in the amount of $994.55
2. Warrant Register dated 04-21-2022 in the amount of $4,316.49.
DISCUSSION:
The Wildomar Cemetery District requires that the Trustees audit payments of demands and direct the General Manager to issue checks. The Warrant Registers are submitted for approval.
FISCAL IMPACT:
These Warrant Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2021/22 Budget.
Submitted by: Approved by:
Robert Howell Dan York
Administrative Services Director General Manager
ATTACHMENTS:
Voucher List 04/07/2022 Voucher List 04/14/2022
WILDOMAR CEMETERY DISTRICT
Agenda Item #4.3
CONSENT CALENDAR
Meeting Date: May 11th, 2022
______________________________________________________________________
TO: Chairperson and Members of the Board of Trustees
FROM: Robert Howell, City Treasurer
SUBJECT: Treasurer’s Report
STAFF REPORT
RECOMMENDATION:
Staff recommends that the Board of Trustees approve the Treasurer’s Report for March 2022.
DISCUSSION:
Attached is the Treasurer’s Report for Cash and Investm ents for the month of March 2022.
FISCAL IMPACT:
None.
Submitted by: Approved by:
Robert Howell Daniel York
City Treasurer General Manager
ATTACHMENTS:
Treasurer’s Report
PERCENT
OF DAYS STATED
BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE $ 255,907.44 $ 255,907.44 $ 255,907.44 100.00% 0 Variable $ 255,907.44 $ 255,907.44 $ 255,907.44 100.00%
+ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING STATED
BALANCE PURCHASES MATURITIES BALANCE RATE
$ 260,591.35 $ - $ (4,683.91) $ 255,907.44 Variable $ 260,591.35 $ - $ (4,683.91) $ 255,907.44 $ 255,907.44
TOTAL
WILDOMAR CEMETERY DISTRICT
TREASURER'S REPORT FOR
CASH AND INVESTMENT PORTFOLIO
March 2022
DISTRICT INVESTMENT
EDWARD JONES
ISSUER
ISSUER
EDWARD JONES
TOTAL
TOTAL INVESTMENT
Administrative Services Director
In compliance with the California Code Section 53646, as City Treasurer for the Wildomar Cemetery District, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the District's expenditure requirements for the next six months.
I also certify that this report reflects all Government Agency pooled investments and all of the District's Bank Balances.
Robert Howell 4/19/2022
Robert Howell Date