R-040-15 Approving a Conservation Easement for the West Valley Habitat Conservation Plan (5.5.15)

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LI lei 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R-40-15 A RESOLUTION OF THE CITY OF COLTON CITY COUNCIL APPROVING A CONSERVATION EASEMENT FOR THE WEST VALLEY HABITAT CONSERVATION PLAN IN FAVOR OF THE RIVERSIDE LAND CONSERVANCY, AND ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH THE RIVERSIDE LAND CONSERVANCY, SETTING FORTH PHASING OF GRANTING AND ACCEPTANCE OF CONSERVATION EASMENT, INDLUDING FUNDING OBLIGATIONS. WHEREAS, in 1993 the Delhi Sands Flower -loving Fly ("DSF") was listed as an endangered species by the Department of the Interior, U.S. Fish and Wildlife Service ("Service") and is protected under the provisions of the Endangered Species Act ("ESA"); and WHEREAS, a Habitat Conservation Plan ("HCP") was prepared by the City of Colton in coordination with the Service to fulfill the requirements under Section 10 of ESA for proposed projects in portions of the City of Colton north of the I-10 Freeway; and WHEREAS, the HCP provides for the necessary conservation of DSF, and allows the City to resume planned development of non -conservation areas within the HCP boundaries; and WHEREAS, an Environmental Assessment ("EA") was prepared in accordance with the Service' guidelines for implementing the National Environmental Policy Act ("NEPA") and was published in the Federal Register on July 3, 2014 for a period of 60 days; and WHEREAS, the HCP and the EA was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15221, as more fully described below; and WHEREAS, on February 2, 2015, the Service issued a "Incidental Take Permit' pursuant to Section I0(a)(1)(B) of ESA; and WHEREAS, on February 3, 2015, the City Council reviewed, considered and adopted the HCP and its environmental documentation; and WHEREAS, the adopted HCP requires the permanent conservation of 50.3 acres of DSF habitat via acquisition and granting of conservation easement to a management entity; and WHEREAS, pursuant to Section 5.5.3 of the HCP, the City has entered into negotiations with the Riverside Land Conservancy ("RLC") for the maintenance, management and restoration of DSF habitat over which a conservation easement will be placed, granted and accepted (the "Conservation Easement") attached as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City also has negotiated with the RLC to enter into a memorandum of understanding ("MOU") to commit the City to certain financial obligations associated with the phased granting and acceptance of the Conservation Easement on specified properties over a 5 - year period attached as Exhibit `B" and incorporated herein by this reference.