HomeMy WebLinkAbout06-023 CC Resolution
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RESOLUTION NO. 06-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA PROVIDING FOR THE RELOCATION OF
A PORTION OF THE FAIRY SHRIMP HABITAT FROM
THE TEMECULA EDUCATION CENTER SITE TO
MARGARITA COMMUNITY PARK
THE CITY COUNCil OF THE CITY OF TEMECUlA DOES RESOLVE AS
FOllOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines
and declares that:
a. On March 16, 2004, the Redevelopment Agency of the City of
Temecula and AGK Group, llC, entered into a Disposition and Development
Agreement for the development of a mixed-use project on approximately 31 acres
located at the northwest corner of Diaz Road and Dendy lane ("Site"). The Disposition
and Development Agreement provides for the sale of the Campus Project Site by the
Agency to AGK Group and the development of affordable housing, higher education
facilities, and retail uses on the Site ("Campus Project").
b. On July 12, 2005, the City and AGK Group, llC entered into a
Development Agreement which, among other things, vested the land use entitlements
for the proposed development for the Campus Project.
c. As part of the Habitat Evaluation and Acquisition Negotiation
Process for the Campus Project required by the Western Riverside Multiple Species
Habitat Conservation Plan, the City identified a small fairy shrimp habitat consisting of
approximately 4,300 square feet of soil on the Site.
d The mitigation for the fairy shrimp habitat found on the Site consists
of the removal of approximately six or more inches of soil from the designated habitat
area on the Site and the transfer of that habitat soil to an open space portion of
Margarita Park, pursuant such protocols, conditions and requirements as may be
imposed by the Fish and Wildlife Service and other resources agency with jurisdiction
over the habitat and transfer ("Habitat Relocation").
Section 2. The City Council of the City of Temecula hereby approves the
Habitat Relocation from the Site to Margarita Park, accepts the habitat soil, and
designates Margarita Park as the site of the Habitat Relocation.
Section 3. The City Manager is hereby authorized on behalf of the City to take
such actions as may be necessary or convenient to effectuate the Habitat Relocation
from the Site to Margarita Park. Such authority includes, but is not limited to, the
expenditure of such City funds as are necessary or convenient for the Habitat
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Relocation, accepting reimbursements for such expenditures from the Redevelopment
Agency of the City of Temecula, entering into such agreements as are necessary or
convenient for the completion of the Habitat Relocation, and granting or accepting on
behalf of the City such conservation easements as may be necessary or convenient for
the Habitat Relocation.
Section 4. The City Council finds that the Habitat Relocation and the
measures necessary to effectuate it are exempt from the provisions of the California
Environmental Quality Act pursuant to 14 Cal. Code Regs. Section 15333 as such
actions are required to assure the maintenance, restoration, enhancement and
protection of habitat for fish, plants or wildlife. Additionally, the City Council further finds
that the Habitat Relocation and the measures necessary to effectuate it are exempt
from the provisions of the California Environmental Quality Act pursuant to 14 Cal. Code
Regs. Sections 15304 (minor alterations of land), 15307 and 15308 (actions taken to
assure the maintenance, restoration or enhancement of a natural resource for
protection of the environment), 15313 (acquisition of land for fish and wildlife
conservation purposes), and 15317 (establishment of land to be maintained for open
space purposes).
Section 5. The City Clerk shall certify to the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED, by the City Council of the City of
Temecula this 28th day of February, 2006.
RGL
Ron Roberts, Mayor
ATTEST:
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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. 06-23 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 28th day of February, 2006, by the
following vote:
AYES: 5
COUNCIL MEMBERS:
Comerchero, Edwards, Naggar,
Washington, Roberts
NOES: 0
ABSENT: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
None
ABSTAIN: 0
COUNCIL MEMBERS:
None
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W. Jones, MMC
City Clerk