HomeMy WebLinkAbout1991-08-20; City Council; Resolution 91-257c
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RESOLUTION NO. 91 - 3 5 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALF
AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGRE
BETWEEN THE CITY, THE CALIFORNIA DEPARTMENT OF FISH AND GAME, AI
FIELDSTONE COMPANY.
WHEREAS, the City Council of the City of Carlsbad wishes to provide
preservation of habitat for wildlife, especially species that are listed as endangered, thre
or candidates for such listing; and
WHEREAS, the City Council of the City of Carlsbad also wishes to provide
construction of needed public facilities as stated in the Public Facilities Element of the 1
Plan, the Growth Management Program, and other policy documents; and
WHEREAS, the City Council of the City of Carlsbad also wishes to provide for rea!
private development of privately owned land consistent with the City’s various land use
and regulations and in light of the need to provide areas for wildlife habitat; and
WHEREAS, the habitat type known as Coastal Sage Scrub is the home to a nul
species that are currently candidates for listing as endangered or threatened by the Ci
Department of Fish and Game; and
WHEREAS, some public and private projects within Carlsbad may impact Coasl
Scrub habitat, and the City wishes to work with the Dlepartment of Fish and Gar
cooperative effort to devise the optimal mitigation measures to be employed with res
such projects; and
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WHEREAS, the Fieldstone Company is one owner 01 private property that has re(
to be a participant in the cooperative effort between the City and the Department of F
Game and to be a party to the MOA;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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2. That the memorandum of agreement between the City, the California Depa
of Fish and Game, and the Fieldstone Company, which is attached hert
incorporated by this reference, is approved.
That the Mayor is authorized to execute the agreement. 3.
PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council
City of Carlsbad, held on the 20th day of August , 1991, by the fo
vote, to wit:
Council Members Lewis, Kulchin, Larson, Stanton and Nyga AYES:
NOES: None
ABSENT: None
ATTEST:
LiQex?L;R i?y
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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NEMORANDUM OF AGREEMENT
REGARDING CITY OF CARLSBAD COASTAL SAGE SCRUB HABITAT PROGRAM
THIS MEMORANDUM OF AGREEMENT is ectered into as of
August 1, 1991, by and among the City of Carlsbad ("City"),
the California Department of Fish and Game ("DFG") and The
Fieldstone Company ("Fieldstone") .
RECITALS
This Memorandum of Agreement is based on the
following facts:
WHEREAS, the City, the United States Fish and
Wildlife Service and Fieldstone have executed a Memorandum of
Agreement ("MOA") regarding the preparation of a habitat
conservation program ("HCP Program") and plan (I'HCP") for the
conservation of Pacific Coastal Sage Scrub, habitat of the
California Gnatcatcher (Polioptila californica)
( "Gnatcatcher" ) and other species of concern ( "Species of
Concern") within the City as part of the City's Habitat
Management Program ( "HMP" ) ;
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WHEREAS, DFG is a trustee agency with respect to
wildlife and wildlife habitat, including the Species of
Concern and Scrub Habitat and important biological habitat as
outlined in Section 1802 of the California Fish and Game
Code ;
WHEREAS, the Secretary for Resources is exploring
the development of a program for Natural Communities
Conservation Planning and legislation has been proposed which
could establish State policies, laws and regulations with
respect thereto and to the development of habitat
conservation programs and plans; and
WHEREAS, DFG is supportive of and desires to
cooperate with the City, USFWS and Fieldstone in consulting
with respect to the preparatioh of the HCP Program and HCP,
consistent with and in accordance with State laws and
regulations, including but not limited to the California
Endangered Species Act (IICESA") and the California
Environmental Quality Act ( 'ICEQA") ;
THEREFORE, it is mutually agreed and understood as
follows:
1. DFG will join in the MOA to the extent that it
will cooperate in consulting with the City, USFWS and
Fieldstone in the preparation of the HCP Program in
accordance with the time schedule set forth in the MOA and
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subject to and consistent with available resources, its
authority, and legal responsibilities I
a. As a trustee agency with respect to wildlife
and wildlife habitat; and,
b. Under CESA, CEQA and laws and regulations
enacted and promulgated in the future including,
but not limited to, any such laws and regulations
with respect to Natural Communities Conservation
Planning.
2. Without limiting the generality of the
foregoing, in connection with the preparation of the HCP
Program, upon the request of the City and subject to
compliance with CEQA. DFG shall consider:
a. As a trustee agency for wildlife and wildlife
habitat, entering into implementation agreements
which provides for the conservation of the Species
of Concern and Coastal Sage Scrub Habitat;
b. The issuance 0f.a Endangered Species Management
Permit under and in accordance with Section 2081 of
CESA with respect to any species addressed by the
HCP Program or Plan which are regulated by CESA.
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c. Implementing a conservation program for
species identified in the Natural Communities
Conservation Plan process.
3. Miscellaneous Provisions.
a. Termination. While this MOA is intended to
provide the basis for cooperative actions, any party may
terminate its participation at any time by written
notice to the other parties.
b. No ADproval/Commitment. It is acknowledged
that the City and DFG are authorized to commit to
aspects of a program or plan only after a formal
decision-making process in accordance with applicable
laws and regulations. Accordingly, the participation
and statements of representatives of these agencies
during the process hereunder and under the MOA are only
in an individual advisory capacity and shall not bind or
be viewed as the official position of their agencies
except when provided pursuant to formal actions of the
respective agency.
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b
Executed by the parties on the dates set forth
below.
"CITY" City of Ca
b
by :
Date:
"FIELDSTONE" The Fieldstone Company
by: 1 E: (+4\
Date:
"DFI? California Department of Fish and Game
by : 14 4- SLboJJ%+ 1,
8- 3- 71 Date:
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