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HomeMy WebLinkAbout11-072 CC Resolution RESOLUTION NO. 11-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A RIGHT OF ENTRY AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AND A GRANT OF SLOPE EASEMENT FROM THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT IN CONNECTION WITH THE PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM, PROJECT NUMBER PW05-11 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinqs. The City Council hereby finds, determines, and declares that: A. The Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School, Project Number PW05-11 ("Project") would install a pre-fabricated, single- span, steel truss pedestrian/bicycle bridge spanning approximately one hundred fifty (150) feet over Santa Gertrudis Creek to Chaparral High School. The purpose of the Project is to provide access through the City's trail system to Chaparral High School from the nearby Harveston residential development. The Project would install concrete access ramps, handrails, retaining walls, fencing, drainage facilities, and concrete bridge abutments (constructed at the top of the channel banks). B. The City approved the Project on July 12, 2010. On July 14, 2010, the City duly filed a Notice of Determination for this Project in accordance with Section 21152 of the Public Resources Code. In approving the Mitigated Negative Declaration for the Project, the City found that with the mitigation measures adopted for the Project, the Project will not have a significant effect on the environment. The City adopted a Mitigation Monitoring Program for the Project. C. The Project would require the acquisition of a slope easement and a right of entry agreement for the construction of certain improvements on property owned by the Temecula Valley Unified School District. Specifically, the Project would require that the Temecula Valley Unified School District grant to the City an approximate 2,813 square foot slope easement for public access purposes and all uses necessary or convenient thereto, namely to support the adjacent pedestrian bridge crossing Santa Gertrudis Bridge in connection with the construction of the Project. As part of the Project, the City would construct improvements in the 2,813 square foot slope easement area, including, but not limited to slopes, sidewalks, concrete ramps and signs. Pursuant to the Right of Entry Agreement, the Temecula Valley Unified School District would grant to the City a right of entry on the real property owned by the Temecula R:/Resos 2011/Resos 11-72 1 Valley Unified School District that is described in the Right of Entry Agreement to facilitate the City's construction of the Project. The nature and scope of activities reasonably necessary to facilitate the City's construction of the Project may include, but are not limited to, demolishing portions of existing sidewalk, construction of ADA- approved sidewalk ramps to improve accessibility for pedestrians, construction of slopes as required for bridge construction, and installation of roadway signage and striping. D. At its meeting of September 6, 2011, the Temecula Valley Unified School District adopted Resolution No. 2011-12/04, a Resolution of the Governing Board of the Temecula Valley Unified School District granting an easement to the City of Temecula in connection with the construction of the pedestrian bridge and related improvements for the Project. Section 2. Approval of Riqht of Entry Aqreement. Based on on the findings set forth in this Resolution, the City Council hereby approves the Right of Entry Agreement between the Temecula Valley Unified School District and the City of Temecula. Section 3. Approval of Grant of Slope Easement. Based on the findings set forth in this Resolution, the City Council hereby approves the Grant of Slope Easement from the Temecula Valley Unified School District. Section 4. Cit�ger's Authoritv. The City Manager (or his designee) is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Right of Entry Agreement and the Grant of Slope Easement, and to administer the City's obligations, responsibilities and duties to be performed under said Right of Entry Agreement and Grant of Slope Easement. Section 5. Environmental Analvsis. The environmental effects of the acquisition of the above real property interests were studied as an integral part of the Mitigated Negative Declaration adopted for the proposed Project. The findings made by the City in connection with the adoption of the Mitigated Negative Declaration are the appropriate findings for the acquisition of the Slope Easement and for the Right of Entry Agreement. In connection with the City's discussions with the Temecula Valley Unified School District regarding the Right of Entry Agreement and the Grant of Slope Easement in connection with the Project, City staff reviewed the Mitigated Negative Declaration and the Notice of Determination for the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisitions of the Subject Property Interests. R:/Resos 2011/Resos 11-72 2 Section 6. Consistencv with General Plan. Pursuant to Resolution No. 11- 46, adopted by the City Council on June 14, 2011, the City specifically found that the acquisition of real property necessary for Capital Improvement Projects is consistent with the General Plan. The Project is a Capital Improvement Project identified in the City's capital improvement program. Section 7. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11 th day of, October, 2011. Ron Roberts, Mayor ATTEST: Susan . Jon s, MMC City G k [S EAL] R:/Resos 2011/Resos 11-72 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11-72 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 th day of October, 2011, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Edwards ABSTAIN: 0 COUNCIL MEMBERS: None L.IJ Susan W Jones, MMC City Clerk R:/Resos 2011/Resos 11-72 4