HomeMy WebLinkAbout2007-11-13; Municipal Water District; Resolution 1308RESOLUTION NO. 1308
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A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
3 MUNICIPAL WATER DISTRICT (CMWD), RESERVING FUNDS FROM
THE WATER REPLACEMENT FUND TO SERVE AS SECURITY FOR
4 THE WETLAND HABITAT CREATION FOR HABITAT REVEGETATION
AND MONITORING PROGRAM, LAKE CALAVERA IMPROVEMENTS,
PROJECT NO. 3821.
6 WHEREAS, the conditions of the California Department of Fish and Game Streambed
7 Alteration Agreement No. 1600-2004-0101-R5 require a security for the creation, restoration,
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maintenance and monitoring for a minimum of 2.29 acres of wetland and non-wetland habitat on
9 the Lake Calavera Improvements, Project No. 3821; and
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WHEREAS, the condition requires the security be in place no later than thirty (30) days
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after initiation of construction activities that the District desires to initiate; and
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WHEREAS, District has requested a waiver of the condition since it is a municipality and
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not a developer and the California Department of Fish and Game has denied the request; and
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WHEREAS, the Board of Directors can authorize the Finance Director to reserve funds
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from the Water Replacement Fund to act as security for the wetland mitigation areas until said
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areas achieve Resource Agency defined success criteria; and
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WHEREAS, the permit conditions require that the California Department of Fish and
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Game shall have immediate access to funds at its sole discretion; and
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WHEREAS, the amount of the reserve shall be based on the estimated cost of wetland
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and non-wetland creation including grading, installation, irrigation, and five-year maintenance
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monitoring, which is estimated at $292,092; and
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WHEREAS, in the event the District fails to perform any of the work required by the
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conditions of the aforementioned permits related to the 2.29 acres of habitat, District shall have
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sixty (60) days to perform the work from date of notification by the State of California that District
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is in default; and26
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1 WHEREAS, in the event District does not perform work in a timely manner to stay in
2 compliance with permits, the State of California may request funds from the District to cover
3 State's costs to perform such work; and
4 WHEREAS, any funds required by the State shall be reimbursed from the
5 Water Replacement Fund; and
6 WHEREAS, there are sufficient funds available in the Water Replacement Fund; and
7 WHEREAS, the Board of Directors can authorize that the request for the release by the
8 California Department of Fish and Game of the reserve funds can be made to and authorized by
9 the Executive Manager.
10 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board,
11 as follows:
12 1. That the above recitations are true and correct.
13 2. That the Board of Directors of Carlsbad Municipal Water District authorizes the
14 Finance Director to reserve funds from the Water Replacement Fund balance to serve as security
15 for the wetland habitat creation in the amount of $292,092.
16 3. That the California Department of Fish and Game shall notify the Executive
17 Manager if the State determined that the work is not being performed in a timely manner or failure
18 by the District to perform the work and the District shall have first right to correct the work.
19 4. That the Board of Directors may authorize the Executive Manager to release the
20 funds in the reserve to the California Department of Fish and Game upon written request of the
21 agency to the Board of Directors.
22 5. That if funds are used by the California Department of Fish and Game for the
23 Wetland Habitat Creation, all expended funds shall be reimbursed by the Water Replacement
24 Fund.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of
Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 13th
day of November, 2007, by the following vote to wit:
AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
UDE A LEWIS, President
ATTEST:
/LORRAI
(SEAL)
/Secretary (J