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HomeMy WebLinkAbout14-050 CC ResolutionRESOLUTION NO. 1450 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THREE AGREEMENTS FOR THE ACQUISITION AND CONSTRUCTION OF THE 5.1 ACRE NEIGHBORHOOD PARK IN PLANNING AREA 6 OF THE RORIPAUGH RANCH PROJECT: (1) THE SEVENTH OPERATING MEMORANDUM; (2) THE PARK IMPROVEMENT AGREEMENT FOR CONSTRUCTION OF THE PARK; AND (3) THE PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF THE PARK SITE, AND MAKING FINDINGS RELATING TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves the following three agreements relating to the acquisition and construction of the 5.1 Acre Neighborhood Park in Planning Area 6 of the Roripaugh Ranch Project: ' (a) "Seventh Operating Memorandum to the Recorded Development Agreement Between City of Temecula and Ashby USA, LLC;" (b) "Park Improvement Agreement Roripaugh Ranch 5.1 Acre Park In Planning Area 6;" (c) 'Purchase and Sale and Land Donation Agreement and Joint Escrow Instruction (Conveyance Of Roripaugh Ranch 5.1 -Acre Park Site Planning Area 6)" Section 2. With respect to each agreement described in Section 1, the City Council approves said agreements with such changes as may be mutually agreed upon by the parties, the City Manager, and the City Attorney, as are in substantial conformance with the form of such agreement as presented to the City Council. Section 3. With respect to each agreement described in Section 1, the Mayor is hereby authorized to execute each such agreement on behalf of the City. Section 4. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement each such agreement described in Section 1 and to administer the City's obligations, responsibilities and duties to be performed under said agreements. The City Manager ' is further authorized and directed to enter into and execute on behalf of the City such further implementing agreement, escrow instructions, acceptances, approvals of title Resos 14-50 reports and such other documents as are necessary to implement the provisions of said agreement. Section 5. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR") and on April 23, 2013 the City Council approved the Second Amendment to the Development Agreement and an Addendum to the EIR ("Addendum") by the adoption of Ordinance No. 13-04. The City Council finds that the EIR and Addendum properly addressed all of the environmental issues encompassed within the agreements described in Section 1 and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR and Addendum which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or Addendum or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. The Agreements described in Section 1 only provided for the construction of the Park and do not add any new public improvements or units not previously approved. Therefore, neither a subsequent nor a supplemental EIR is required and the Planning Commission recommends that a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations) be filed. Section 6.. The City Clerk shall certify the adoption of this Resolution. Resos 14-50 ra PASSED, APPROVED, AND ADOPTED by the City Council of the City of ' Temecula this 12th day of August, 2014. Z� / aryann Edwards, Mayor ATTEST: Randi jdhI--0%6n, JD, MMC City Clerk [SEAL] Resos 14-50 3 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14-50 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2014, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None :��& ' Randi Johl-Olson, JD, MMC City Clerk Resos 14-50 4