HomeMy WebLinkAboutCC Reso No 1992-02RESOLUTION NO. 92-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
LAKE ELSINORE,- CALIFORNIA, REVISING ITS POLICY
FOR THE CI'Y'S ALLOCATION OF STEPHENS'
KANGAROO RAT OCCUPIED HABITAT UNDER THE SHORT-
TERM HABITAT CONSERVATION PLAN
WHEREAS, the City of Lake Elsinore, California, is a member
jurisdiction in the Riverside County Habitat Conservation Agency
(RCHCA) as part of the short-term 10(a) Permit for the Stephens'
kangaroo rat; and
WHEREAS, on August 14, 1990, the City Council of the City of
Lake Elsinore, California, adopted a Stephens' Kangaroo Rat
Mitigation Fee Ordinance as part of the requirement of the short-
term 10(a) Permit; and
WHEREAS, the City Council of the City of Lake Elsinore,
California, adopted Resolution No. 90-62 on June 26, 1990, adopting
the Agreement Regarding Allocation of Take for Occupied Stephens'
Kangaroo Rat Habitat; and
WHEREAS, the City of Lake Elsinore has received 100 acres of
Stephens' kangaroo rat occupied habitat under the Agreement
Regarding Allocation of Take for the first six-month period of the
Short-term Habitat Conservation Plan; and
WHEREAS, the City Council of the City of Lake Elsinore,
California, adopted Resolution 90-106, establishing a policy for
the City's allocation of Stephens' kangaroo rat occupied habitat
under the Short-term Habitat Conservation Plan; and
WHEREAS, Resolution 90-106 required a $5,000 per acre fee for
acquisition of replacement habitat in exchange for release of
occupied habitat and distributed that 100 acres of Stephens'
kangaroo rat habitat to various developers; and
WHEREAS, the intent of the $5,000 per acre fee appears to be
infeasible due to several factors, including the cost for
replacement habitat, the availability replacement habitat and the
lengthy process involved in identifying and acquiring replacement
habitat.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City if Lake Elsinore that:
1. The City Council does hereby amend Resolution 90-106,
Establishing a Policy for the City's Allocation of
Occupied Stephens' Kangaroo Rat Habitat under the Interim
Habitat Conservation Plan.
2. The City shall refund the total amount of fees collected
under Resolution 90-106, less expenses incurred for FY
1991-1992, in accordance with the attached Exhibit.
PASSED, APPROVED AND ADOPTED this 14th day of January ,
1992, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
DDMINGUEZ, WINKLER, WASHBURN
NONE
BU(sK, STARKEY
A TES`1':
• ~~.(~
Vicki Lyme Kasai:, City Clerk
M. Washburn, Mayor
SA'PPROVED AS TO FORM AND
G LI
`~,~Q
John R. Harpe City Attorney
(SEAL)
EXHIBIT TO RESOLUTION 92-2
DISTRIBUTION OF STEPHENS' KANGAROO RAT
OCCUPIED HABITAT AND REFUND OF FEES COLLECTED
UNDER RESOLUTION 90-106
Occupied
Habitat Fees Amount to
Pro perty Owner (Acres) Paid be Refunded
1. L.D. Johnson 17.44 $ 87,200 $ 83,438
2. Long Beach Equities 6.00* $ 30,000 $ 28,708
3. Murdock Homes 7.33 $ 36,650 $ 35,072
4. Brighton Homes 14.65 $ 73,250 $ 70,109
5. Homestead 0.53 None Paid N/A
6. Pardee 28.47 $142,350 $136,224
7. City of Lake Elsinore 25..58** N/A N/A
TOTAL: 100 acres $369,450 $353,551***
* 5.58 acres of Long Beach Equities' allocation was returned to
the City.
** Reflects 5.58 acres more than the 20 acres of occupied
habitat reserved to the City as part of Resolution 90-106 due
to return of 5.58 acres to City of Lake Elsinore by Long Beach
Equities.
*** Balance as of 12/31/1991.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Uicki Lynne Kasad, City Clerk of the City of Lake Elsinore.,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
' City Council of the .City of Lake Elsinore at a regular meeting of
said Council on the 14th day of January, 1992, and that it was so
adopted by the following vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCK, STARKEY
ABSTAIN: COUNCILMEMBERS: NONE
.,
CITY OF LAKE ~LaI
(SEAL)
CLE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. 92-2 of said Council, and that the
same has not been amended or repealed.
DATED: January 22, 1992
CITY OF LA<E SINORE
(SEAL)