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Home My WebLink About1998-08-04; City Council; Resolution 98-283% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 98-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESERVING FUNDS FROM THE GENERAL FUND TO SERVE AS SECURITY FOR THE WETLAND HABITAT CREATION FOR CANNON ROAD WEST, PROJECT NO. 3184. WHEREAS, the conditions of the California Department of Fish and Gan- Streambed Alteration Agreement No. 5-044-97 and the California Incidental Take Perm No. 2081-1998-05-5 require a security for the restoration, maintenance and monitoring for minimum of 6.34 acres of wetland habitat; and WHEREAS, the condition requires the security be in place prior to the commencement 1 construction activities that City desires to initiate; and WHEREAS, the City of Carlsbad has requested a waiver of the condition since it is municipality and not a developer and the California Department of Fish and Game has denied tt- request; and WHEREAS, the City Council can authorize the Finance Director to reserve funds from tt General Fund to act as security for the wetland mitigation areas until said areas achieve resourc agency defined success criteria. Resource Agency success criteria is defined in Attachment I attached hereto and made a part hereof; and WHEREAS, the permit conditions require that the California Department of Fish ar Game shall have immediate access to funds at its sole discretion; and WHEREAS, the amount of the reserve shall be based on the cost estimate per acre 1 wetland creation including grading, installation, irrigation, five-year maintenance monitoring, ar five-year least Bell’s vireo monitoring. That cost estimate is estimated as $1 14,420 per acre fl 6.43 acres for a total reserve of $725,423; and WHEREAS, the conditions allow the partial release of funds from the reserve as succe: criteria is achieved; and WHEREAS, the following are the areas, acres and associated security amount; and 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, in the event the City fails to perform any of the work required by tt conditions of the aforementioned permits related to the 6.34 acres of wetland habitat, City sh' have sixty (60) days to perform the work from date of notification by the State of California th City is in default; and WHEREAS, in the event City does not perform work in a timely manner to stay compliance with permits, the State of California may request funds from the City to cover Stat€ costs to perform such work; and WHEREAS, any funds required by the State shall be reimbursed to the General Fur from the Cannon Road West Bridge and Thoroughfare District No. 3; and WHEREAS, there are sufficient funds available in the General Fund; and WHEREAS, City Council can authorize that the request for the release by the Californ Department of Fish and Game of the reserve funds can be made to and authorized by the Ci Manager. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsba California, as follows: 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad authorizes the Finance Director 1 reserve funds from the General Fund balance to serve as security for the wetland habit; creation in the amount of $725,423 for each of the areas described above in the Recitals. 3. That the California Department of Fish and Game shall notify the City Manager the State determined that the work is not being performed in a timely manner or failure by tt- City to perform the work and the City shall have first right to correct the work. 4. That the City Council may authorize the City Manager to release the funds in tt reserve to the California Department of Fish and Game upon written request of the agency to tt City Council. 5. That if funds are used by the California Department of Fish and Game for tt- Wetland Habitat Creation, all expended funds shall be reimbursed by the Cannon Road We Bridge and Thoroughfare District to the General Fund. Ill Ill ' Ill r* That the City may apply for reduction of 0 the Reserve Fund and that L 2 3 determination by the California Department of Fish and game that each area has achic agency required success, the Reserve Fund may be reduced by the amount required for 6 4 area. 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Col 6 held on the 4th day of August , 1998 by the following vote, to wit: 7 AYES: Council Members Lewis, Finnila, Nygaard, and Hall NOES: None 8 9 10 11 12 13 ATTEST: 14 a 15 m(.& ,&. ’ $&L*LEhk- j ALETHA L. RAUTENKRANZ, City Clerk 1 6. 17 18 19 20 21 22 23 24 25 26 27 28 (SEAL) 0 a ATTACHMENT "A" AGENCY DEFINED SUCCESS CRITERIA Cond. 9 California Department of Fish and Game Streambed Alteration Agreement #5-044-97 and #5-045-97 requires compliance with all terms and conditions of the federal Biological Opinion 1 -6-97-F-51: Cond.2-4. Ensure that the riparian mitigation site achieves the intended success criteria prior to commencement of the above referenced project. Success is anticipated to be achieved within 12 months from the initiation of site preparation at the riparian mitigation site, as stated in the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated January 1997. Success criteria shall be based on results from quantifying species density and composition and the horizontal and vertical vegetation structure along ten fixed, linear sampling transacts (sampling transacts) spanning the width of the riparian mitigation site on the east-west axis and evenly distributed across the riparian mitigation site along the northwest-southeast axis. The ten fixed, sampling transacts shall be located on a map, and a copy of the map shall be provided to the Service prior to on-the-ground preparation of the riparian mitigation site. Species density and composition shall be quantified by counting all 'individuals of each shrub and tree species within 10 feet from the fixed sampling transacts and calculating the density of each species for each transect. Vertical vegetation (height) success criteria (as described in Table 3-1 of the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated January 1997) shall be evaluated by measuring the height of all trees within 10 feet of either side of each transect, and calculating the mean separately for each transect. Horizontal vegetation structure (canopy) success criteria for tree and shrub species (as described in Table 3-1 of the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated January 1997) shall be evaluated by performing the "line-intercept" method described by Mueller-Dombois and Ellenberg (1974) along the ten fixed, sampling transacts. The percent canopy cover shall be calculated separately for each transect. The survival of trees and shrubs shall be determined by counting the number of individual dead plantings throughout the entire site and calculating the percent of the originally planted material that is dead. Monitoring results shall be provided to the Service prior to commencement of the project referenced above and in accordance with the additional time periods described in the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated January 1997. Photographs from permanently fixed photo-documentation sites of the mitigation site shall be included in all monitoring reports. Cond. 24. All created wetlands habitat must be free of irrigation for a minimum of one dry season (April I - October 1) and meet agency-approved success criteria. The criteria shall include meeting 5-year performance standards for growth and coverage, and be approved by the agencies as vireo-quality habitat (i.e., contains new least Bell's vireo nesting territories andlor meets coveragelstrata guidelines for least Bell's vireo). All planting shall have a minimum of 80% survival the first year and 100% survival thereafter and/or shall attain 75% cover after 3 years and 90% cover after 5 years for the life of the project. If the survival and cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements for 5 years after planting. All created and restored southern willow riparian habitat shall meet vireo-quality habitat standards.