HomeMy WebLinkAbout2008-09-23; City Council; Resolution 2008-2671
RESOLUTION NO. 2008-267
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROPRIATING $113,880 FROM
THE SEWER ENTERPRISE OPERATING RESERVE FUND TO
4 PAY AN ASSESSMENT PURSUANT TO THE SETTLEMENT
AGREEMENT AND MUTUAL RELEASE WITH THE CALIFORNIA
5 REGIONAL WATER QUALITY CONTROL BOARD DATED
SEPTEMBER 10, 2008
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7 WHEREAS, on September 10, 2008, the cities of Vista and Carlsbad jointly agreed to a
Settlement Agreement and Mutual Release with the California Regional Water Quality Control
Board for mitigation of the pipeline break and subsequent discharge of sewage into the Buena
Vista Lagoon that occurred on April 1, 2007; and
" *" WHEREAS, terms of the settlement require the cities of Vista and Carlsbad to jointly pay
12 a total assessment of $1,095,000; and
13 WHEREAS, the settlement stipulates that payments of $200,000 to the State Water
Resources Control Board and $895,000 to the National Fish and Wildlife Foundation are due by
15 October 9, 2008; and
16 WHEREAS, by agreement, the City of Vista owns 89.6% of the reach and the City of
Carlsbad owns 10.4%. Carlsbad's percentage share of the total penalty is calculated to be
1R $113,800; and
19 WHEREAS, of the City of Carlsbad's percentage share of the assessment, $20,800 will
20 be paid to the California Regional Water Quality Control Board and $93,080 will be paid to the
21 National Fish and Wildlife Foundation.
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
23 California, as follows:
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1. That the above recitations are true and correct.
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2. The sum of $113,880 is appropriated from the Sewer Enterprise Operating
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Reserve fund to pay the City of Carlsbad's share of the assessment.
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3. The City Council authorizes the Finance Director to make the assessment
payments no later than October 9, 2008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 23rd day of September 2008, by the
following vote, to wit:
AYES: COUNCIL MEMBERS LEWIS, KULCHIN, HALL, PACKARD AND NYGAARD.
NOES: NONE-
ABSENT: NONE.
.CEWIS, Mayor
ATTEST: