HomeMy WebLinkAbout2010-10-12; City Council; Resolution 2010-239/
1 RESOLUTION NO. 2010-239
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
3 OF CARLSBAD, CALIFORNIA, APPROVING A LICENSE
4 AGREEMENT FOR A MITIGATION SITE FOR THE CITY'S
AGUA HEDIONDA CHANNEL DREDGING PROJECT,
5 CITY PROJECT NUMBER 3338
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WHEREAS, the City Council of the City of Carlsbad, California, hereafter the
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"City," has previously appropriated funds for the construction of the Agua Hedionda8
„ Channel Dredging Project, hereafter the "Project;" and
10 WHEREAS, said Project requires the acquisition of an off-site mitigation site with
11 which to develop appropriate wetlands habitat resources necessary to compensate for
12 anticipated habitat impacts during construction and future continued maintenance of the
13 constructed channels of the Project; and
14 WHEREAS, City staff has identified a privately owned parcel that would fulfill the
aforementioned mitigation requirements of the Project, hereafter the "Mitigation Site;"
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and
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WHEREAS, the Mitigation Site was appraised at $416,000 by a City funded
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appraiser; and
2Q WHEREAS, City staff and the property owner have met, negotiated in good faith,
21 and agreed upon a cost equal to the appraised value for the City to acquire a license to
22 use the Mitigation Site, hereafter the "License Agreement;" and
23 WHEREAS, the City's acquisition of said license in the Mitigation Site is
necessary, desirable, and in the public interest; and
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WHEREAS, an additional $230,000 is required to complete the Project due to the
26 2006 emergency dredging work.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2 Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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2. That the appraised value of the Mitigation Site is the approved purchase price
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for obtaining the License Agreement allowing the City to utilize the Mitigation6
7 Site'
8 3. That the License Agreement between the City of Carlsbad and Calavera Hills
9 II, LLC is hereby approved and the Mayor is authorized to execute said
10 agreement. Following the Mayor's execution of said agreement, the City
11 Clerk is directed to record said agreement with the Office of the San Diego
12 County Recorder. Copies of said recorded agreement shall be forwarded by
13 the City Clerk to the City's Property and Environmental Management
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Department and Calavera Hills II, LLC, d.b.a., Brookfield Homes, attention Mr.
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Adam Pevney, 12865 Pointe Del Mar, Suite 200, Del Mar, California 92014-16
1? 3859.
18 4. That the Finance Director is authorized to appropriate a total of $230,000 in
19 GCC ($116,303) and PLDA-B ($113,697) funds towards the Project.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of October 2010, by the following vote to wit:
AYES: Council Members Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Lewis.
(SEAL)