HomeMy WebLinkAbout1998-05-19; City Council; Resolution 98-153ll 0 0 E-& r 4 f 7-
c ’ ll RESOLUTION NO. 98-153
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ESTABLISHING AN AGENCY FUND
FOR AN ENDOWMENT FOR THE AGUA HEDIONDA LAGOON
PRESERVE, FOR PROJECT NO. 3184.
5 WHEREAS, the conditions of the U. S. Fish and Wildlife Service Biological (
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186 acre Agua Hedionda Lagoon Preserve as a mitigation measure for Project No. 3184; a
1 -6-97-F-51 require the establishment of an endowment for wildlife management purposes
WHEREAS, the condition requires the funds be placed in an interest-bearing accou
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8 to the commencement of construction activities; and
9 WHEREAS, the State of California has not established a mechanism to acct
lo endowment at this time; and
11 WHEREAS, the City Council can authorize the Finance Director to establish an ,
12 Fund to hold the funds in an interest-bearing account until the State of California is prep
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accept the endowment; and
WHEREAS, the permit conditions restrict the acceptance of the endowment
California Department of Fish and Game, California Coastal Commission, or U. S. Fi
Wildlife Service (Agencies); and
WHEREAS, the endowment is a mitigation measure for 20 acres of indirect imp:
noise and has been established at $150,000; and
WHEREAS, the permit conditions require payment for any outstanding start-up co
19 to a maximum. of $65,000) for the Agua Hedionda Lagoon Preserve with the understandi
any funds not needed for the start-up costs will be reimbursed to the City prior to the fund
accepted and transferred to the accepting Agencies; and 20
21 WHEREAS, the funds are to be placed in an interest-bearing account until the A!
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costs; and 23
are prepared to accept the endowment including a certain dollar amount for the !
24 WHEREAS, there are sufficient funds available to pay these mitigation costs
25 Cannon Road West project account; and
WHEREAS, City Council can authorize that the request for the release of the I 26 Fund and the interest earned can be made to and authorized by the City Manager.
27 1) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cz
28 California, as follows:
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1 1. That the above recitations are true and correct.
2 2. That the City Council of the City of Carlsbad authorizes the Finance Dir
establish an Agency Fund that will accept funds from both private parties and public ager
the Endowment for Agua Hedionda Lagoon Preserve (the Endowment fund). The fund
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invested in an interest-bearing account and all interest received will be retained in the Endl
6 3. That the City Council authorizes the payment of $150,000 out of the pr
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Bridge and Thoroughfare fund for the Cannon Road West project into the Endowment .
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mitigation of the impacts of the Cannon Road West Project, Project No. 3184.
4. That the City Council authorizes the payment of $65,000 out of the pt
Bridge and Thoroughfare fund for the Cannon Road West project into the Endowment '.
10 advance payment of the start-up costs for the Agua Hedionda Lagoon Preserve in accc
I' with Condition 4.1 of the U. S. Fish and Wildlife Service Biological Opinion 1-6-97-F-f
l2 understood that any funds and interest earned on those funds not needed for the start-u
13 will be reimbursed to the City prior to the funds being accepted and transferred to on€
14 Agencies.
5. That the City Council authorizes the City Manager to release the fund:
Endowment fund to any of the Agencies upon written request of the agency after reimbur:
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16 City for payment made in excess of actual start-up costs.
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l8 /I PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
19 11 held on the 19 day of Mav - , 1998 by the following vote, to wit:
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AYES: Council Members Finnila, Nygaard & Hall
NOES: Hall
ABSENT: Council Members Lewis & Kulchin
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24 CLAbE A. LEWIS, Mayor
RAMONA FINNILA, Mayor Pro Tern
25 ATTEST:
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ALETHA L. RAUTENKRAbIZ, City Clerk
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(SEAL)