HomeMy WebLinkAbout2007-07-24; City Council; Resolution 2007-2001
RESOLUTION NO. 2007-200
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING TWO AGREEMENTS
WITH WESTMARK DEVELOPMENT CORPORATION FOR THE
4 PURCHASE OF WETLAND MITIGATION CREDITS FROM THE
NORTH COUNTY HABITAT BANK AND APPROPRIATING
5 FUNDS FROM THE PLANNED LOCAL DRAINAGE AREA FEE
ACCOUNTS AND THE GENERAL FUND.
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WHEREAS, on March 7, 2006, the City Council of the City of Carlsbad ratified the
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proclamation of the existence of a local emergency due to potential flooding conditions and
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approved a construction contract for emergency dredging of the Agua Hedionda Creek Channel;
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and,
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WHEREAS, the U.S. Army Corps of Engineers, California Department of Fish and11
Game, and the Regional Water Quality Control Board issued permits for the emergency
dredging that required mitigation for impacts to wetlands habitat; and
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WHEREAS, the resource agency permits require that the mitigation be in place by14
September, 2007; and,
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WHEREAS, Westmark Development Corporation has obtained approval from the16
U.S. Fish & Wildlife Service, the California Department of Fish & Game, and the U.S. Army
Corps of Engineers of a Banking Establishment Instrument regarding the Establishment,1o
.n Operation and Use of the North County Habitat Bank; andiy
2Q WHEREAS, a Compensatory Mitigation and Monitoring Plan has been proposed for the
21 Agua Hedionda Creek Channel Emergency Dredge project which recommends purchase of
22 0.96 acres of wetland creation within the North County Habitat Bank to meet the wetland
23 creation mitigation needs for said project; and,
24 WHEREAS, Westmark Development Corporation has made 0.96 acres worth of wetland
25 creation mitigation credits available for purchase by the City of Carlsbad to be used as required
20 mitigation for the emergency dredging of the Agua Hedionda Creek Channel; and,
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1 WHEREAS, Westmark Development Corporation has made an additional 5.00 acres
2 worth of wetland mitigation credits available for purchase by the City of Carlsbad to be used for
3 future City project wetland mitigation needs; and
4 WHEREAS, the City of Carlsbad has the need for approximately 14 acres of wetland
5 mitigation over the next five years for Capital Improvement Program and Maintenance Program
6 projects; and
7 WHEREAS, the City finds it to be in its best economic interest to purchase the additional
8 5.00 acres of wetland mitigation credits to be used for future City projects; and
9 WHEREAS, the City desires to appropriate additional funds from the Planed Local
10 Drainage Area (PLDA) fee accounts in the amount of $778,500 and the General Fund in the
11 amount of $562,500 to fund the purchase of the mitigation credits from Westmark Development
12 Corporation; and
13 WHEREAS, adequate funds exist in the PLDA and General Fund accounts.
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
15 California, as follows:
16 1. That the above recitations are true and correct.
2. That the agreement with Westmark Development Corporation for the purchase of
18 0.83 acres worth of wetland mitigation credit in the North County Habitat Bank to fulfill mitigation
19 requirements of the Agua Hedionda Emergency Channel Dredging project as described in the
20 attached agreement is hereby approved.
21 3. That the agreement with Westmark Development Corporation for the purchase of
22 6.86 acres worth of wetland mitigation credit in the North County Habitat Bank as described in
23 the attached agreement is hereby approved.
24 4. That the Mayor is hereby authorized and directed to execute said agreements.
25 5. That funds in the amount of $778,500 from the PLDA fee accounts are
26 appropriated for the purchase of the wetland mitigation credits.
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1 6. That funds in the amount of $562,500 from the General Fund account are
2 appropriated for the purchase of wetland mitigation credits.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 24th day of July, 2007, by the following vote to wit:
AYES: Council Members Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Lewis.
ATTEST:
£0~RRAl6lE M. WO6£), City
/(SEAL)