(12)AR 061609 Inland Memorial MOU

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ITEM #12 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF June 16, 2009 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Mark Nuaimi, Assistant City Manager SUBJECT: Memorandum of Understanding (MOU) between Inland Memorial and the City of Colton Regarding Hermosa Cemetery expansion DATE: June 8, 2009 BACKGROUND: The City of Colton entered into a Lease Agreement in January 2000 with Inland Memorial for the operation of the Hermosa Gardens Cemetery ("Hermosa Cemetery"). The decision to lease the operation of Hermosa Gardens was arrived at after a Request For Proposal process where Inland Memorial (and particularly Mark Durbin) met the needs of the City. After their lease was executed, Inland Memorial made a number of improvements to Hermosa Cemetery, including office additions, gazebo, and development of a chapel. Inland Memorial also had submitted an application to construct a Catholic Mausoleum that was canceled for inactivity in 2004. In 2003, Inland Memorial commissioned a Delhi Sand Fly (DSF) Habitat Assessment for the undeveloped portion of their property. The habitat assessment was completed in August and September of 2003 and it was concluded that: "The majority of the site constitutes high quality DSF habitat and the site overall appears to support a robust population of DSF as evidenced by numbers observed during each of the brief site visits." On May 10, 2004, the Colton City Council directed staff to enter into a written agreement with Inland Memorial and to initiate formal consultation with the United States Fish & Wildlife Service ("USFWS") under Section 7 of the Endangered Species Act for development of the former Frontiertown site and expansion of the Hermosa Cemetery. The City of Colton and Inland Memorial entered into the Memorandum of Understanding ("MOU") on July 18, 2004. Consistent with the terms of that MOU, the City submitted a Biological Assessment to the USFWS on August 25, 2004 and the USFWS provided their Biological Opinion on February 1, 2005. Contained within the provisions of those documents were the necessary mitigation measures to allow expansion of Hermosa Cemetery. The MOU was signed by both Mark Durbin and Beth Murray of Inland Memorial. On June 19, 2007, the City Council approved contracting with Hall & Foreman to complete the update to the West Valley Specific Plan and with Michael Brandman and Associates ("MBA") to complete the Environmental Impact Report for that effort as well. The MBA contract also included the required scope to complete a Habitat Conservation Plan ("HCP") for the area north of the 1-10 within the Colton Recovery Unit.