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0 <br />0 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-73-18 <br />A RESOLUTION OF THE CITY OF COLTON CITY COUNCIL <br />APPROVING AN AMENDED AND RESTATED CONSERVATION <br />EASEMENT FOR THE WEST VALLEY HABITAT <br />CONSERVATION PLAN IN FAVOR OF THE RIVERS AND LANDS <br />CONSERVANCY <br />WHEREAS, in 1993 the Delhi Sands Flower -loving Fly ("DSF") was listed as an <br />endangered species by the Department of the Interior, U.S. Fish and Wildlife Service ("Service") <br />and is protected under the provisions of the Endangered Species Act ("ESA"); and <br />WHEREAS, a Habitat Conservation Plan ("HCP") was prepared by the City of Colton in <br />coordination with the Service to fulfill the requirements under Section 10 of ESA for proposed <br />projects within DSF habitat in the City of Colton north of the I-10 Freeway; and <br />WHEREAS, the HCP provides for the necessary conservation of DSF, and allows the City <br />to resume planned development of non -conservation areas within the HCP boundaries; and <br />WHEREAS, an Environmental Assessment ("EA") was prepared in accordance with the <br />Service' guidelines for implementing the National Environmental Policy Act ("NEPA") and was <br />published in the Federal Register on July 3, 2014 for a period of 60 days; and <br />WHEREAS, the HCP and the EA was reviewed, studied, and found to comply with the <br />California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15221, as <br />more fully described below; and <br />WHEREAS, on February 2, 2015, the Service issued a "Incidental Take Permit' pursuant <br />to Section 10(a)(1)(B) of ESA; and <br />WHEREAS, on February 3, 2015, the City Council reviewed, considered and adopted the <br />HCP and its environmental documentation; and <br />WHEREAS, the adopted HCP requires the permanent conservation of 50.3 acres of DSF <br />habitat via acquisition and granting of conservation easement to a management entity; and <br />WHEREAS, on May 5, 2015, the City Council approved Memorandum of Understanding <br />(MOU) between the City and the Rivers and Lands Conservancy ("RLC") which commits the City <br />to certain financial obligations associated with the phased granting and acceptance of the <br />Conservation Easement on specified properties; and <br />WHEREAS, on March 9, 2018, the Service accepted the Amended and Restated <br />Conservation Easement in form and content; and <br />WHEREAS, on May 29, 2018, the RLC confirmed acceptance of the Amended and <br />Restated Conservation Easement in form and content. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF COLTON: <br />SECTION 1. Based on the entire record before the City Council and all written and oral <br />evidence presented, including the staff report, the City Council finds that the Amended and Restated <br />