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Home My WebLink About2020-02-25; City Council; Resolution 2020-043RESOLUTION NO. 2020-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY, U.S. FISH AND WILDLIFE SERVICE, CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE SERVICE AND THE CENTER FOR NATURAL LANDS MANAGEMENT FOR PURCHASE OF THE REMAINING GNATCATCHER CORE AREA CONSERVATION CREDITS, AND AUTHORIZING AN ADVANCE FOR THIS PURCHASE FROM THE GENERAL FUND IN AN AMOUNT NOT TO EXCEED $1,104,114. WHEREAS, the City Council of the City of Carlsbad, California, has determined that the city is obligated to conserve 307.6 acres of high-quality coastal sage scrub habitat within the Gnatcatcher Core Area pursuant to the city's Habitat Management Plan (HMP), approved by the City Council on Nov.9,2004;and WHEREAS, the Gnatcatcher Core Area is located southeast of the city boundary as identified in the Multiple Habitat Conservation Plan; and WHEREAS, the city has fulfilled 294.67 acres of the Gnatcatcher Core Area conservation requirement; and WHEREAS, the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife Service have proposed that the city purchase the remaining 12.93 conservation credits on the Luchia property, located in the Gnatcatcher Core Area; and WHEREAS, the total purchase price ofthese conservation credits is $1,104,114; and WHEREAS, the funding for the conservation credits will be used to establish a long-term management endowment for the entire Luchia property in the amount of $755,273 and as a contribution toward the purchase of the property in the amount of $348,840; and WHEREAS, the city's cost for Gnatcatcher Core Area conservation is funded by revenue from the Habitat Mitigation Fee Fund; and WHEREAS, the Habitat Mitigation Fee Fund currently has a General Fund advance of $169,600 from previous conservation credit purchases; and WHEREAS, $1,104,114 shall be advanced from the General Fund as an interest-bearing loan to the Habitat Mitigation Fee Fund; and WHEREAS, the General Fund has sufficient funds to loan for acquisition of said conservation credits, and the loan would be repaid with future Habitat Mitigation Fee Fund revenues. Feb. 25, 2020 Item #11 Page 4 of 36 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the mayor is authorized to execute the Agreement Regarding Conservation Credits, attached hereto as Attachment A, and any and all other documents associated with the purchase of conservation credits as necessary, as approved by the City Attorney. 3. That the deputy city manager, administrative services, is authorized to appropriate funds for purchase of conservation credits from the Habitat Mitigation Fee Fund and advance funds from the city's General Fund per the details of the Agreement Regarding Conservation Credits. 4. That the deputy city manager, administrative services, is authorized to reimburse the amount loaned to the Habitat Mitigation Fee Fund back to the General Fund as funds become available in the Habitat Mitigation Fee Fund. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of February 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. M ALL, Mayor ~{~ecdrf{,--,;fYJt, De vi- '" ~ ENG~ty Clerk I Cl s ':J (SEAL) {) f/u Feb. 25, 2020 Item #11 Page 5 of 36 AGREEMENT REGARDING CONSERVATION CREDITS CITY OF CARLSBAD HABITAT MANAGEMENT PLAN OFFSITE CORE AREA This Agreement Regarding Conservation Credits, City of Carlsbad Habitat Management Plan Offsite Core Area ("Agreement") is entered into on ATTACHMENT A March 6, 2020, by and among the City of Carlsbad ("City") a municipal corporation, the Center for Natural Land Management ("CNLM"), a California 501 (c)(3) nonprofit corporation, the United States Fish and Wildlife Service ("USFWS"), and the California Department of Fish and Wildlife ("CDFW'), collectively referred to as "Parties" herein. RECITALS A. Under the Federal Endangered Species Act section 10 permit for the City of Carlsbad, the USFWS is responsible for approving the location and adequacy of mitigation for impacts to federally listed species and candidate species. Under the California Endangered Species Act, CDFW is responsible for approving the location and adequacy of mitigation for impacts to State listed species, candidate species, and Species of Special Concern. CDFW and USFWS are collectively referred to as the "Wildlife Agencies". B. In cooperation with the Wildlife Agencies, on November 9, 2004, the City adopted the Habitat Management Plan for Natural Communities in the City of Carlsbad ("HMP"), a comprehensive city-wide program to identify how the City can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development under a city- wide permit and authorization for the incidental take of species in conjunction with private development projects, public projects and other activities which are consistent with the HMP. The City's HMP is a subarea of the Regional Multiple Habitat Conservation Plan ("MHCP") adopted in March 2003 by San Diego Association of Governments. C. Pursuant to the HMP, the City's total core area conservation requirement is 307.6 acres, 294.67 of which has been satisfied as acknowledged by the Wildlife Agencies in the letter attached as Exhibit A. The City's remaining conservation balance is 12.93 acres. D. R.S.F Road, LLC, a California Limited Liability Company and James G. Vangelis, an individual, (together "Owners"), own approximately 38.99- acre of property (APN 222-030-50) in the County core area commonly known as the Luchia Property ("Luchia Property") as depicted in the legal description and map attached as Exhibit B. The Wildlife Agencies approved the City's funding for the acquisition and long-term management of a portion of the Luchia Property in exchange for 12.93 acres of core area conservation credits (see Exhibit A). Upon - 1 - Feb. 25, 2020 Item #11 Page 6 of 36 2. Credit Confirmation. Within twenty-four (24) hours of the close of Escrow, CNLM will provide the following individuals and organizations with written confirmation of the closing ("Closing"): Scott Sobiech Field Supervisor United States Fish and Wildlife Service Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 Edmund J. Pert Regional Manager, South Coast Region California Department of Fish and Wildlife 3883 Ruffin Road San Diego, CA 92123 Isabella Gelmi Corporate Secretary Center for Natural Lands Management 27259 Via lndustria, Suite B Temecula, CA 92590 Celia Brewer City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Matt Hall Mayor City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Within 30 calendar days of receipt of notice that the City has made the Payment, USFWS and CDFW will provide written confirmation to City and CNLM that the City has been credited with the 12.93 acres of conservation credit towards fulfillment of its HMP requirement. 3. Management of Luchia Property and Endowment. CNLM will (a) manage the Luchia Property in accordance with the Rancho La Costa Habitat Conservation Area Management Plan 2016-2020 ("Management Plan") (revised February 23, 2018) approved by the Wildlife Agencies, and (b) hold, invest and manage the Endowment received from the City pursuant to this Agreement. - 3 - Feb. 25, 2020 Item #11 Page 7 of 36 4. Further Assurances. Whenever requested to do so by another party, each party shall execute, acknowledge, and deliver any further instruments or documents that are reasonably necessary to document the transactions contemplated by this Agreement. 5. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and all of which, when taken together, shall constitute one and the same document. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws. 7. Successors. The Luchia Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged, or otherwise conveyed without the written approval of the CDFW and USFWS and each successor-in-interest assumes and agrees in a writing to be bound by the terms of this Agreement. CNLM agrees to give written notice of this Agreement to each prospective transferee of all or any portion of the Luchia Property at least 30 days prior to the proposed transfer and (unless the City and the Wildlife Agencies otherwise agree in writing) to cause such transferee to assume this Agreement concurrently with its acquisition of such property. In addition, CNLM agrees to give written notice of any proposed transfer of the Luchia Property or any portion of it to the Parties at least 30 days prior to the proposed transfer. Any such notice shall describe the proposed handling of the Endowment upon the transfer. 8. Amendment. This Agreement can only be amended in a writing signed by all of the Parties. 9. Notices. Any notice, request or other communication under this Agreement shall be in writing and addressed as set forth in Section 2. A party shall give notice of change of address by written notice to the other Parties in accordance with this section. 10. Exhibits. The following Exhibits are attached to this Agreement and incorporated by reference in it as though set forth in full: A-Letter from Wildlife Agencies acknowledging Mitigation Credit B -Map and Legal Description of Luchia Property 11. Interpretation. This Agreement shall be construed as if all Parties prepared it. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized representatives as of the date set forth above. -4- Feb. 25, 2020 Item #11 Page 8 of 36 DATED: aa l:Jt I aaao I I CITY OF CARJ..SBAD;,1;/J/_ By. 1d10(~ Name: Mart J-la11 Title: M'!f r - 5 - Feb. 25, 2020 Item #11 Page 9 of 36 DATED: ------- UNITED STATES FISH AND WILDLIFE SERVICE By: ~ ------------ Name: Scott A. Sobiech ------------ Title: __ h_'f_e-=..,;/J __ Si_v~f.;__f''_.-1_·_s ,_r __ -6- Feb. 25, 2020 Item #11 Page 10 of 36 CALIFORNIA bEPARTMENT OF FISH AND DATED: -------WILDLIFE . ) .• . ?/, __ By: <. es,' ;-;;;;r-- Name: eD rf K_ 1 Title: ~.~G;-\ONkl-t->--A-1'-JAG-1:fL - 7 - Feb. 25, 2020 Item #11 Page 11 of 36 DATED: 02/27/2020 CENTER FOR NATURAL LANDS MANAGEMENT By:~ s~~ Name: Isabella Gelmi Title: Corporate Secretary - 8 - Feb. 25, 2020 Item #11 Page 12 of 36 Exhibit A Acknowledgement of Mitigation Credit Letter (12/19/2019) - 9 - Feb. 25, 2020 Item #11 Page 13 of 36 EXHIBIT A U.S. FISH AND WILDLIFE SERVICE Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, California 92008 In Reply Refer To: FWS/CDFW-18B029 I -20CPA0070 Ms. Rosanne Humphrey Senior Program Manager Habitat Management Program 1635 Faraday A venue Carlsbad, Cali fornia 92008 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE South Coast Region 3883 Ruffin Road San Diego, California 92123 December 19, 20 19 Sent Electronically Subject: Acknowledgement of Mitigation Credit for 12.93 Acres of the Luchia Property, City of Carlsbad, California Dear Ms. Humphrey: The U.S. Fish and Wildlife Service (Service) and California Department of Fish and Wildlife (Department) received your request ( electronic mail dated December 13, 2019) for our concurrence that the City of Carlsbad's (City) contribution to the acquisition, conservation, and funding for the long-term management of the approximately 39-acre Luchia property would fulfill the City of Carlsbad Habitat Management Plan (Carlsbad HMP) Northwest San Diego County Multiple Habitat Conservation Program's remaining conservation requirement of 12.93 acres. The City's conservation requirements are identified in Section 0.5 of the Carlsbad HMP and Section 11.5 of the associated Implementing Agreement. The Center for Natural Lands Management (CNLM) has completed a Property Analysis Record for the nearly 39-acre Luchia acquisition to determine the cost to monitor and manage the propetty in perpetuity. We concur that the City's monetary contribution towards the acquisition, conservation, and funding for the long-term management of the Luchia property would fulfill the City's obligations associated with the Carlsbad HMP and result in 12.93 acres of credit for the C ity. If you have any questions or comment regarding this letter, please contact Mary Beth Woulfe of the Service at (760) 431-9440, extension 294 or David Mayer of the Department at (858) 467-4234. SCOTT SOBIECH Scott A. Sobiech Field Supervisor Digitally signed by SCOTT SOBIECH Date: 2019.12.1914:18:21 -08'00' U.S. Fish and Wildlife Service Sincerely, :l)~~ for Gail K. Sevrens Environmental Program Manager California Department of Fish and Wildlife Feb. 25, 2020 Item #11 Page 14 of 36 Exhibit B Legal Description and Map of Luchia Property -11 - Feb. 25, 2020 Item #11 Page 15 of 36 EXHIBIT B (Legal Description) THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN(s): 222-030-50-00 Feb. 25, 2020 Item #11 Page 16 of 36 0 0 ~ N N N l, s: ► ""O ► (/) (/) rn (/) (/) 0 ;o 0 a. CD 7 (,) 0 0 N a, --.J --.J ""O ru co CD ;o CD .0 C CD U> cii C. Ill "."'i (') 5· C. '< '-CD Cl: ""O S· cii C. 13 " ' " ... --0 ·, ' " ~ ,. THIS MAP WAS PREPARED FOR ASSESSUENT PURPOSES ONLY NO LIABILITY IS ASSUMED FOR THE ACCURACY OFTHE DATA SHOWN. ASSESSOl'!S PARCELS MAY NOT COWLY l'o!TH LOCAL SUBDMSION OR BUILDING ORDINANCES. @ BOY. l .~!\I ~~ @ "lJ 5 OPEN SPACE e 16.35 AC e 20.88 AC 1• ... 0 N "' "' " :i CONDO /JJ/ 27 VARADERO PHASE 5 DOG05-579332 (SEE SHT3) CONDO VARADERO PHASE6 DOG05-579329 (SEE SHT3) CONDO VARADERO-PHASE 1 DOC04-1182500 D0C05-0246336 (SEE SHT 3) @j CONDO 30.67 AG VARADERO-PHASE 3 D0C05-0243616 (SEE SHT4) OPEN SPACE .. @··-... 21.80 AC CONDO VARADERO-PHASE 4 DOC05-0256016 OPEN SPA~~ -l?~E_SHT 4) OPEN SPACE ® 66.86AC .¢ l*S.0.G.&E. TRANSMISSION LINE SAN Gm Qy MARCOS /"'LS'\ ~ SAN DIEGO COUNTY ASSESSOR'S MAP EB BOOK 222 PAGE 03 SHT 1 OF 2 rim @ SHT 1 ® SHT 1 SHT 2 MAP 14852-CO OF SD TCT 5131-1 "1 p ( i ; N . "' -" '" ·., :i :•, ® 20.42 AC ~f-. 13.99AC . ~~~ '@ 222-03 SHT 1 OF 4 1 1"=400' ~ EB 576 08 1317 " '"' SHT 4 t--+--+---<1-4---1 1/4 Feb. 25, 2020 Item #11 Page 17 of 36