Res 03-010- RESOLUTION NO. 03-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
FINDING THAT THE PROPOSED RAMONA WATER DISTRICT'S POWAY PUMP
STATION 30-INCH PIPELINE PROJECT DOES NOT CONFORM TO CITY OF
POWAY GENERAL PLAN DEVELOPMENT POLICIES
WHEREAS, the Community of Ramona is facing a potential water emergency
due to lack of adequate infrastructure and depleting water sources; and
WHEREAS, the Ramona Water District has submitted a plan to the City of
Poway to construct a 5,700-linear-foot, 30-inch diameter water line from its existing
pump station and reservoir, located at the eastern terminus of the Green Valley Truck
Trail and within the Blue Sky Ecological Reserve, east into the Community of Ramona;
and
WHEREAS, Section 65401, Division 1 of the California Government Code
requires an agency proposing the improvements within another jurisdiction provide that
jurisdiction a coordinated list of all projects for a General Plan conformity review; and
WHEREAS, the City of Poway has reviewed the proposed development plans,
environmental documents, and mitigation measures for the Ramona Water District's
Poway Pump Station 30-Inch Pipeline Project for conformity with the Poway General
Plan and Poway Subarea Habitat Conservation Plan; and
WHEREAS, the proposed pipeline will create permanent visual and physical
impacts to the Blue Sky Ecological Reserve that cannot be fully mitigated; and
WHEREAS, construction of the pipeline, including the transportation and use of
grading equipment, pipe, pressure tanks, and other support machinery will impact the
tranquility and recreational use of the Blue Sky Reserve, and
WHEREAS, construction of the pipeline will impact wildlife movement along the
1,800 linear foot segment of the aboveground pipeline; and
WHEREAS, construction of the pipeline will require removal of Diegan Coastal
Sage Scrub and may disrupt with the breeding season of the California Gnatcatcher.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1. The proposed Ramona Water District's Poway pump station 30-inch
pipeline project does not conform to City of Poway General Plan development policies.
Resolution No.03-010
Page 2
Section 2. The Poway City Council will not oppose or litigate the Project, the
adequacy of its environmental review, or its conformity with the Poway General Plan
and Subarea Habitat Conservation Plan if the Ramona Water District agrees to abide by
the terms and conditions hereof and incorporates the same into the construction project
as follows:
To mitigate for the loss caused by the project of 1.41 acres of Southern Mixed
Chaparral and 1.07 acres of Diegan Coastal Sage Scrub, the Ramona Water
District shall record a biological conservation easement in favor of the City of
Poway over the two parcels consisting of 3.56 acres within the 19.39-acre parcel
located within the Blue Sky Ecological Reserve as depicted on Attachment A.
The Ramona Water District shall design and construct the pipeline with
appropriate wildlife crossings at locations approved by the City of Poway of
Poway's Director of Development Services.
The Ramona Water District shall coordinate all construction traffic on Green
Valley Truck Trail through the Reserve with the on-site Ranger at the Reserve
and the City of Poway Public Works Department. No trees within the Blue Sky
Ecological Reserve shall be trimmed or damaged by the Ramona Water District
without prior approval from the City of Poway's Director of Public Works.
The Ramona Water District shall indemnify the City of Poway from all liabilities,
responsibilities, claims, losses, damages and costs resulting from or caused by,
in whole or in part, the construction and operation of the pipeline project,
including but not limited to any failure of the pipeline, reservoir, pump station, or
any other Ramona Water District facility in the Blue Sky Ecological Reserve.
The Ramona Water District shall paint the pipeline a varying combination of
greens and tans so as to blend with the surrounding soil and vegetation to the
reasonable satisfaction of the Director of Development Services.
The Ramona Water District shall quitclaim to the City of Poway for use as open
space and subject to the Biological Easement the entirety of the 19.39-acre
Ramona Water District parcel in the Blue Sky Ecological Reserve, subject to the
following agreement:
The City of Poway shall not request or impose any further conditions or
exactions for habitat mitigation in connection with future water storage
tank construction by the Ramona Water District within the 19.39-acre
parcel.
Quitclaim of the 19.39-acre parcel mitigates the future habitat take, visual
impacts, and all other impacts on City of Poway associated with the
Resolution No.03-010
Page 3
construction of the water storage tank by Ramona Water District. The
water storage tank may be constructed by the Ramona Water District on a
site within the 19.39-acre parcel not to exceed 4 acres in size, including
slope and spoil sites. Its precise location shall be determined by Ramona
Water District in the future and shall be subject to the approval of City of
Poway, which approval shall not be unreasonably withheld.
In the event that Ramona Water District does not build the water storage
tank, the 4 acres designated therefore may be used by the Ramona Water
District for mitigation required of other Ramona Water District projects, as
appropriate.
City of Poway and Ramona Water District shall cooperate and coordinate
in the use of existing easements across existing access roads to secure
access to the future water storage tank.
The Ramona Water District shall prepare a brush management plan and submit
the same to the City of Poway's Director of Development Services for his review
and approval prior to the removal of any native vegetation from the Project site.
Section 3: Pursuant to the City of Poway Habitat Conservation Plan, a biological
survey was prepared for the project that reported that the project grading would impact
approximately 1.41 acres of Southern Mixed Chaparral and 1.07 acres of Diegan
Coastal Sage Scrub.
The mitigation requirements associated with land development in the City of Poway are
based on recorded habitat types, the presence of sensitive species, and other factors.
The appropriate mitigation ratio as it applies to impacts to the Southern Mixed Chaparral
is 1:1 and 2:1 for the Diegan Costal Sage Scrub. To mitigate for the loss of the above-
mentioned habitat two parcels, consisting of 3.56 acres of identical habitat has been
preserved through the dedication of biological open space easement within a 19.39-
acre parcel located within the Blue Sky Ecological Reserve.
In accordance with the Poway Habitat Conservation Plan (HCP), the required findings
for approval of GPC 03-01, based on reliance on the Mitigated Negative Declaration
prepared by the Ramona Water District, are as follows:
Mitigation is necessary to be consistent with and further the implementing
objectives of the Poway Habitat Conservation Plan in that the City proposes to
mitigate 1.41 acres of Southern Mixed Chaparral at a 1:1 ratio and 1.07 acres of
Diegan Coastal Sage Scrub at a 2:1 ratio, with the on-site preservation of 3.56
acres of identical habitat.
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Eo
The mitigation habitat is located within the Mitigation Area, located within the
Blue Sky-Mount Woodson Cornerstone, as required in the Poway HCP so as to
enhance the long-term viability and function of the Coastal Sage Scrub.
Mitigation is required for the long-term survival of the species as the property is
located within, and surrounded by, the Blue Sky Ecological Reserve.
The mitigation shall benefit the plant and animal species and their habitats in
order to promote a meaningful addition to the assembly of a viable regional
system of interconnected natural habitat resources, habitat linkages, buffers and
wildlife corridors. Mitigation will permanently preserve 3.56 acres of habitat
contiguous to the existing land preserved as part of the Blue Sky Ecological
Reserve.
The mitigation shall foster the incremental implementation of the Poway Habitat
Conservation Plan in an effective and efficient manner in that on-site mitigation is
proposed within the same Cornerstone that will increase the quantity, quality, and
interconnectivity of the Coastal Sage and Chaparral habitats.
The mitigation shall'not result in a negative fiscal impact with regard to the
successful implementation of the Poway Habitat Conservation Plan.
Maintenance of the habitat should be provided as part of the Blue Sky Ecological
Reserve management plan.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 28th day of January 2003.
ATTEST:
L~ri~nne Peoples, City C~rk
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STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 03-010 was duly adopted by the
City Council at a meeting of said City Council held on the 28th day of January 2003, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lori Ann~ Pe0Ples~ City C~e~ -
City of Poway