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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. - Resolution No.03-010 Page 4 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 Resolution No.03-010 Page 5 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