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HomeMy WebLinkAboutItem No. 02 Agreement Transfer Portion of Covered Roadway MSHCPCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 21-059 Agenda Date: 2/23/2021 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 2) Agreement to Transfer Portion of Covered Roadway Under the Provisions of the MSHCP Approve and authorize the City Manager to execute an Agreement to transfer portion of covered roadway under the provisions of the MSHCP by and between the City of Lake Elsinore and the City of Wildomar in substantially the form attached and in such final form as approved by the City Attorney. Page 1 City of Lake Elsinore Printed on 2/18/2021 ` REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, Acting City Manager Date: February 23, 2021 Subject: Agreement to Transfer Portion of Covered Roadway Under The Provisions of The MSHCP Recommendation Approve and authorize the City Manager to execute an Agreement to Transfer Portion of Covered Roadway Under the Provisions of The MSHCP by and between the City of Lake Elsinore and the City of Wildomar in substantially the form attached and in such final form as approved by the City Attorney. Background When the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) was developed and adopted, it recognized that planned roads such as those shown on a composite of County and Cities General Plan Circulation Elements would go through the Criteria Area. Evaluations of planned roadways with respect to conservation of biological resources was conducted throughout the MSHCP planning process. As a result, only those planned roadways identified in Section 7.3.5 of the MSHCP are Covered Activities within the Criteria Area. Roadways other than those identified in this section are not covered without an amendment to the MSHCP. The City of Wildomar proposes to extend Sunset Avenue south to La Estrella in conjunction with the proposed Wildomar Meadows project. Exhibit A of the attached Agreement to Transfer Portion of Covered Roadway represents a preliminary alignment for a two-lane collector with an adjacent multi-purpose trail. This alignment coupled with improvements to Sunset Avenue adjacent to the Farm neighborhood provide an ultimate connection from Bundy Canyon to Clinton Keith Road. This is a critical connection to improve emergency response time and to access areas in the eastly third of the City of Wildomar in the event Bundy Canyon Road becomes inaccessible. The Sunset Avenue extension, which traverses two MSHCP criteria cells, is not identified as a MSHCP “Covered Road”. Wildomar was not incorporated at the time the MSHCP was developed and does not have any unused MSHCP “Covered Roads” to use for the Sunset Avenue extension; leading to the request that the City of Lake Elsinore agree to relinquish a portion of one of Lake Elsinore’s available MSHCP “Covered Roads” as part of a Minor Amendment application to get MSHCP coverage for the Sunset Avenue extension. Agreement to Transfer Portion of Covered Roadway February 23, 2021 Page 2 There are several undeveloped MSHCP “Covered Roads” in the City of Lake Elsinore within the Ramsgate and Tuscany Hills area with a total acreage of approximately 66.8 acres. Only one of these roads, La Strada, is on the City’s General Plan Circulation Element mapping. Due to the availability of undeveloped MSHCP covered roads in the City of Lake Elsinore, we are in the position of helping Wildomar resolve a public safety issue, by enabling it to build the Sunset Avenue extension. Discussion The Sunset Extension portion through the MSHCP is about 4,400 linear feet and 7.44 acres of roadway. The Unnamed Road depicted on Exhibit B of the attached Agreement to Transfer Portion of Covered Roadway is an existing MSHCP “Covered Road” in the City of Lake Elsinore has a 74-foot right-of-way that is approximately 6,744.9 linear feet in length and extends between Wasson Canyon Road and Bella Vista. The Unnamed Road has been identified as a comparable road that will not be constructed. The requested transfer of a portion of the covered road allowance of Unnamed Road would leave a balance of approximately 59.36 acres of covered roads in the Ramsgate/Tuscany Hills area to use for the ultimate construction of La Strada and potentially other roads in the City. During the preliminary discussions with the RCA about a Minor Amendment transferring a Covered Road to allow the Sunset Extension, the RCA instructed the City of Wildomar to initially secure an Agreement with the City of Lake Elsinore to transfer a portion of the covered road. The proposed Agreement to Transfer Portion of Covered Roadway Under the Provisions of The MSHCP is attached. As part of the negotiations with the City of Wildomar to prepare a mutually beneficial Agreement, Lost Road Enhancements were included into the Agreement. Residents of both cities regularly use Lost Road currently an unpaved road connecting both cities. The benefit to the City of Lake Elsinore is that the paving of Lost Road, although within Wildomar, will provide an additional all- weather access to residents in the Canyon Hills development. Exhibit C and D of the Agreement to Transfer Portion of Covered Roadway show the level of enhancement and design requirements. Under the terms of the Agreement, Wildomar is responsible for submitting and obtaining approval of the proposed Minor Amendment. Subject to approval of the Minor Amendment to transfer the covered road from the City of Lake Elsinore to the City of Wildomar, Lost Road Enhancements shall be completed within 2 years. In the event the improvements are not completed in that time frame, the Agreement has a liquidated damages clause due to the City of Lake Elsinore in the amount of $744,000. If the Minor Amendment is not approved, the Agreement will be null and void and that portion of Unnamed Road proposed to be transferred will revert to and remain a “Covered Road” exclusively within the jurisdiction and control of Lake Elsinore, and Wildomar shall have no obligation to fund the design and construction of Lost Road Enhancements. Attachment Exhibit A - Agreement Agreement to Transfer Roadway to City of Wildomar.FINAL.021021 1 AGREEMENT TO TRANSFER PORTION OF COVERED ROADWAY UNDER THE PROVISIONS OF THE MSHCP This Agreement to Transfer Portion of Covered Roadway Under The Provisions of The MSHCP (“Agreement”) is made and entered into this ______day of ___________, 2021, by and between the City of Lake Elsinore, a California municipal corporation (“Lake Elsinore”) and the City of Wildomar, a California municipal corporation (“Wildomar”), collectively referred to as the “Parties” and individually as a “Party.” RECITALS A.The Western Riverside County Regional Conservation Authority (“RCA”) was created in 2004 to achieve one of America’s most ambitious environmental efforts, the Riverside County Multiple Species Habitat Conservation Plan (“MSHCP”). The MSHCP protects 146 native species of plants, birds, and animals, and preserves a half-million acres of their habitats. B.Lake Elsinore and Wildomar are Parties to the MSHCP. C.When the MSHCP was developed, certain planned roadways that were depicted on a composite of County and Cities General Plan Circulation Elements were considered in the evaluation of the MSHCP’s biological resources conservation and identified as “covered activities” allowed in Criteria Area. Only those planned roadways identified in Section 7.3.5 of the MSHCP are “covered roads” and all other roadways are not covered without an amendment to the MSHCP. D.Wildomar was not incorporated at the time the MSHCP was initially developed and, consequently, did not participate in the identification of “covered roads.” When Wildomar was incorporated in 2008, it adopted the existing County of Riverside General Plan, including the Circulation Element, as its governing land use and circulation policy document. E.Wildomar is reviewing their existing Circulation Element and has identified a need to connect Bundy Canyon Road and Clinton Keith Road as a critical circulation element east of I- 15. F.Lake Elsinore’s Circulation Element of the 1990 General Plan as last revised January 27, 2004 identified a road connection between Bundy Canyon Road and Clinton Keith Road east of the I-15. G.Wildomar initiated a project to connect Bundy Canyon Road and Clinton Keith Road east of I-15 by extending Sunset Avenue south to La Estrella as depicted in Exhibit “A” (“Sunset Avenue Extension Map”). The proposed Sunset Avenue extension was not identified in the County of Riverside Circulation Element adopted by the City of Wildomar and is not identified as a MSHCP “covered road.” H.The extension of Sunset Avenue has been identified by Wildomar as critical for primary and secondary emergency vehicle access (including police and fire) to the community in the area. This access is especially critical for safe and efficient evacuation routes for Wildomar residents in light of potential wildfire impacts. Agreement to Transfer Roadway to City of Wildomar.FINAL.021021 2 I.The extension of Sunset Avenue has been identified by Wildomar as critical for reducing greenhouse gas emissions by reducing per capita vehicle miles traveled (VMT). J.Since the Sunset Avenue extension traverses two MSHCP criteria cells, but is not a covered activity under the MSHCP, Wildomar submitted an amendment application (“Minor Amendment”) to the RCA, requesting inclusion of Sunset Avenue as a covered activity under the MSHCP. To obtain approval of the amendment to the MSHCP, Wildomar must identify and remove an equivalent or greater acreage of roadway activities currently covered by the MSHCP in order to offset impacts of the proposed Sunset extension under the MSHCP. K.Wildomar does not have any roadways in its jurisdiction and control that are identified as a covered activity that would qualify to be removed to offset the impacts of the proposed Sunset Avenue extension project. L.Lake Elsinore has several covered roads under the MSHCP which are not included in Lake Elsinore’s current Circulation Element of its General Plan nor planned to be developed. One of those roadways identified as Unnamed Road that has a 74 foot right-of-way that is approximately 6,744.9 linear feet in length and extends between Wasson Canyon Road and Bella Vista as depicted on Exhibit “B” (“Unnamed Road Map”). M.Wildomar has requested Lake Elsinore transfer to Wildomar a portion of Unnamed Road equal to approximately 4,382 linear feet, which equates to approximately 7.44 acres, the same linear footage and acres as the Sunset Avenue extension, and as consideration therefor has offered to improve Lost Road with an all-weather access as depicted in Exhibit “C” (“Lost Road Map”) subject to and consistent with the design requirements set forth in Exhibit “D” (“Lost Road Design Requirements”). N.Lost Road is an existing dirt public access used for an un-specified amount of time between the communities of Lake Elsinore and Wildomar. The existing horizontal and vertical alignment follows existing topography and is not consistent with a public road standard. O.Lost Road is identified on the Wildomar Circulation Plan with a public road standard identified as “Collector”. The Collector road standard would significantly increase the minimum horizontal curve radii; reduce the maximum gradient; improve a paved structural section to 44’ wide; and add curb, gutter, sidewalk within a 74’ wide future right of way. The ultimate improvement of Lost Road to the Collector road standard consistent with the Wildomar Circulation Plan will be completed in connection with future development. The “Lost Road Enhancements” as defined in Section 3 of this Agreement are intended as an interim measure to improve function, safety and convenience. P.Lake Elsinore desires to assist Wildomar in resolving a public safety issue by transferring that portion of Unnamed Road necessary to construct the Sunset Avenue extension and recognizes that although Lost Road is located in Wildomar, Lake Elsinore will benefit from the proposed improvements to Lost Road by providing an additional all-weather access to the Canyon Hills community located in Lake Elsinore and, when completed, Lost Road will help relieve congestion on Railroad Canyon Road. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Agreement to Transfer Roadway to City of Wildomar.FINAL.021021 3 1.Incorporation of Recitals. The Parties agree that the foregoing recitals are true and correct and that the foregoing recitals are a part of this Agreement and are hereby incorporated by reference herein as though set forth in full. 2.Transfer of a Portion of Roadway by Lake Elsinore to Wildomar. Lake Elsinore agrees to transfer and release approximately 4,382 linear feet of Unnamed Road, identified in Exhibit “B,” as required by RCA to Wildomar to be used solely in connection with Wildomar’s application to RCA for a Minor Amendment to allow the proposed Sunset Avenue extension as a covered road in the MSHCP Criteria Area. Wildomar shall diligently process the Minor Amendment application and shall provide a copy of this Agreement to RCA evidencing the proposed transfer to offset MSHCP impacts. 3.Lost Road Enhancements. Upon the approval by RCA of the Minor Amendment, Wildomar agrees to fund, design and construct an enhanced maintenance project within the existing right of way or along the public identified existing public access/traveled way. The enhanced maintenance improvements intend to provide an all-weather access that could include all or a portion of the following: Scarified subgrade; engineered gravel roadway; pavement; safety signage; safety rails; safety lighting; and, localized drainage infrastructure in accordance with the Lost Road Design Requirements set forth in Exhibit “D,” (collectively, the “Lost Road Enhancements”). Prior to commencement of the Lost Road Enhancements, Wildomar shall conduct public outreach to the Cottonwood Canyon Hills Community Association to provide information regarding the proposed improvements and construction schedule and shall use reasonable efforts to minimize the inconvenience and disruption to the Canyon Hills community and adjacent residents during the construction phase of the Lost Road Enhancements. Wildomar shall diligently pursue completion of the Lost Road Enhancements and shall provide Lake Elsinore monthly status reports regarding public outreach, design and construction. Wildomar shall advertise for Public Bid the Lost Road Enhancements within one year from the date of RCA’s approval of the Minor Amendment and shall complete construction within one year from the Advertise for Public Bid. 4.Disapproval or Withdrawal of the Minor Amendment and Termination of Agreement. The Parties understand and agree that in the event the RCA does not approve the Minor Amendment or Wildomar withdraws its application for the Minor Amendment for any reason, this Agreement shall become null and void. In either case, that portion of Unnamed Road identified herein shall revert to and remain a covered road exclusively within the jurisdiction and control of Lake Elsinore, and Wildomar shall have no obligation to fund the design and construction of Lost Road Enhancements. 5.Wildomar Default; Liquidated Damages. In the event, the Minor Amendment is approved by RCA and Wildomar fails to fund and complete or cause to be completed the Lost Road Enhancements in accordance with the terms and specifications set forth in this Agreement, Lake Elsinore shall deliver written notice of default to Wildomar. Wildomar shall have ten (10) working days after service of said notice of default to submit a cure plan demonstrating satisfactory performance and completion of the Lost Road Enhancements in a reasonable period of time mutually agreed to by the Parties. In the event that Wildomar fails to cure its default within such period of time and satisfactorily complete or cause to be completed the Lost Road Enhancements, THE PARTIES AGREE THAT IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES SUFFERED BY LAKE ELSINORE CAUSED Agreement to Transfer Roadway to City of Wildomar.FINAL.021021 4 BY SUCH DEFAULT AND THE PERMANENT LOSS OF COVERED ROAD UNDER THE MSHCP RESULTING FROM THE TRANSFER OF THAT PORTION OF UNNAMED ROAD TO WILDOMAR UNDER THIS AGREEMENT AND AGREES THAT WILDOMAR SHALL PAY A FIXED SUM OF SEVEN HUNDRED FORTY-FOUR THOUSAND DOLLARS ($744,000) TO LAKE ELSINORE AS LIQUIDATED DAMAGES. THE PARTIES AGREE THAT SUCH SUM SHALL CONSTITUTE A REASONABLE ESTIMATE AND AGREED STIPULATION OF DAMAGES AND THAT LAKE ELSINORE SHALL HAVE NO OTHER RIGHT OR CAUSE OF ACTION AGAINST WILDOMAR FOR DAMAGES OR OTHERWISE ARISING FROM SAID DEFAULT. Notwithstanding the foregoing, Wildomar shall not be liable for liquidated damages to Lake Elsinore for delays due to causes beyond the control of Wildomar. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. Lake Elsinore Initials: _________ Wildomar Initials: _________ 6. Term. This Agreement is effective on the date first above written and for such time as is necessary for both Parties to complete their mutual obligations hereunder. 7. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to Lake Elsinore: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: Leibold McClendon & Mann, PC Attn: Barbara Leibold 2891 Irvine Center Drive, Suite 230 Irvine, CA 92618 If to Wildomar: City of Wildomar Attn: Gary Nordquist, City Manager 23873 Clinton Keith Road, Suite 201 Wildomar, CA 92595 With a copy to: Burke, Williams & Sorensen, LLP In care of the City of Wildomar Attn: Thomas Jex 1770 Iowa Avenue, Suite 240 Riverside, CA 92507 8. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon Agreement to Transfer Roadway to City of Wildomar.FINAL.021021 5 the default of the other Party, shall not constitute a waiver of such Party’s rights to insist and demand strict compliance by such other Party with the terms of this Agreement. 9.CEQA. This Agreement and the Lost Road Enhancements are exempt from review under the California Environmental Quality Act (CEQA) as an existing facility and pursuant to a Class 1 exemption for “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. 10.Integration; Entire Agreement. This Agreement, including Exhibits “A” through “D” attached hereto and incorporated by reference as through fully set forth herein, constitutes the entire agreement between the Parties and supersedes any and all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties. No supplement or modification of this Agreement or any provisions hereof shall be binding unless executed in writing by the Parties. 11.Counterparts. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original, and such counterparts together shall constitute but one agreement. 12.Authority to Execute Agreement. Each of the signatories to this Agreement hereby represents that the City Council has approved this Agreement as the legislative body of the Party identified below and that he is authorized to execute this Agreement on behalf of such Party and has the authority to bind such Party to the performance of its obligations hereunder. [signatures on next page] Agreement to Transfer Roadway to City of Wildomar.FINAL.021021 6 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE, a municipal corporation Jason Simpson, City Manager ATTEST: Candice Alvarez, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY OF WILDOMAR, a municipal corporation Gary Nordquist, City Manager ATTEST: Janet Morales, City Clerk APPROVED AS TO FORM: Thomas Jex, City Attorney Agreement to Transfer Roadway to City of Wildomar.FINAL.021021EXHIBIT A EXHIBIT “A” Sunset Avenue Extension Map PROPOSED MSHCP COVERED ROAD 4,382 LF, 74' R/W (7.44 AC) LA ESTRELLA STREET SALIDA DEL SOLTHE FARM EXHIBIT "A" Sunset Avenue Extension Map EXHIBIT "A" Agreement to Transfer Roadway to City of Wildomar.FINAL.021021EXHIBIT B EXHIBIT “B” Unnamed Road Map EXISTING MSHCP COVERED ROAD 6,744.9 LF, 74' R/W (11.46 AC) RAILROAD CANYON RD RIVERSIDE STREET I-15 SUMMERHILL DRIVELAKESHORE DRIVE HWY 74 ROSETTACANYON DR GREENWALD AVECANYONWASSON ROADBELLA VISTAEXHIBIT "B" Unnamed Road Map EXHIBIT "B" Agreement to Transfer Roadway to City of Wildomar.FINAL.021021EXHIBIT C EXHIBIT “C” Lost Road Map BEGIN 24' WIDE PROPOSED ROAD END 24' WIDE PROPOSED ROAD LAKEVIEW DRIVE FLOWERHILL DRIVE CROOKED ARROW DRIVE \A1;24'\A1;12'\A1;12'\A1;SHOULDER \A1;VARIES\A1;SHOULDER \A1;VARIESNTS EXISTING GROUND 4" A.C. OVER COMPACTED NATIVE EXHIBIT "C " Lost Road Map EXHIBIT "C " Agreement to Transfer Roadway to City of Wildomar.FINAL.021021EXHIBIT D EXHIBIT “D” Lost Road Design Requirements Design related requirements: -Street Section to comply with City of Wildomar Std. 138A -Aerial Topo is needed to determine design and drainage constraints. -Centerline profile and cross sections need to be provided to produce a constructible design. -Drainage study is needed to properly design drainage elements and where they are needed. -Superelevation should be considered where necessary. Signage, Striping, and Safety: -Adequate recovery zones need to be provided. -Due to the narrow width of the road, rumble strips at centerline and edges need to be provided, or similar roadway departure counter measures. -Design should include a signage and striping package that provides adequate warning for motorists for curves and varying speed limit. -In areas where there are drop offs, consideration should be given to providing guardrail where needed. -Safety Lighting (solar powered) to be provided at key locations.