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HomeMy WebLinkAbout1998-08-04; City Council; 14819; CITY COUNCIL AUTHORIZATION TO RESERVE FUNDS FOR SECURITY ON CANNON ROAD WEST WETLAND CREATION AREA PROJECT NO. 3184fie.% I --~ ’ I,. < CI 8 OF CARLSBAD -AGENDA 61 LL / W’ /‘j.;s.’ ‘j+ ’/ I PI / AB# /4 819 CANNON ROAD WEST WETLAND CREATION AREA MTG. 8/04/98 TITLE: CITY COUNCIL AUTHORIZATION TO I RESERVE FUNDS FOR SECURITY ON DEPT. HQ CITY ATT PROJECT NO. 3184 DEPT. ENG CITY MGI a (4 9 2 2 z 0 F 0 4 -I z 0 3 0 5 Page 2 of Agenda Bill No, 9 ~ I/ 9 e ENVIRONMENTAL REVIEW: The Planning Director has determined that the requested action is consistent with prior review. Reservation of funds will not have a direct impact on the environment and will ena City to implement a mitigation measure required by both the Cannon Road Reach I Streambed Alteration Agreement and Incidental Take Permit. Cannon Road project, Re: and II were reviewed in the Cannon Road Reach I Environmental Impact Report, Kelly Environmental Impact Report, and the Mitigated Negative Declaration for Cannon Road Rc Significant environmental impacts identified by those CEQA documents were determined mitigable to levels of less than significant. FISCAL IMPACT: Sufficient funds are available in the General Fund to establish the required security. EXHIBITS: 1. Location Map. 2. Resolution No. 98 -2b 3 reserving funds from the General Fund to sel security for the wetland habitat creation for Cannon Road West Wetland Creatior Project No. 3184. 0 0 I - - I- LOCATION MAP I ~ MITIGA TlON SITE NOT 1G SCALE SlTE NUMBER 4.10 A fMACAR10 CANYON) ACRES 1.30 C fE1 CAMlNO REAL) 0.44 B (KELLY RANCH ENTRANCEl D PAHK DRlVEl 0.50 PROJECT NAME E: PROJECT CANNON ROAD WEST NUMBER WETLAND UABITA T CREA TION SITES 3 I84 dAW BY: SCOTT EVANS. CARLSBAD ENCINERING DEPT. 0 0 ’ II RESOLUTION NO. 98-283 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESERVING FUNDS FROM THE GENERAL FUND TO SERVE AS SECURITY FOR THE WETLAND HABITAT CREATION FOR CANNON ROAD WEST, PROJECT NO. 3184. 5 WHEREAS, the conditions of the California Department of Fish and 6 Streambed Alteration Agreement No. 5-044-97 and the California Incidental Take No. 2081-1998-05-5 require a security for the restoration, maintenance and monitorir minimum of 6.34 acres of wetland habitat; and 7 8 WHEREAS, the condition requires the security be in place prior to the commence 9 construction activities that City desires to initiate; and 10 WHEREAS, the City of Carlsbad has requested a waiver of the condition sinc municipality and not a developer and the California Department of Fish and Game has de 11 l2 request; and 13 WHEREAS, the City Council can authorize the Finance Director to reserve funds 14 15 General Fund to act as security for the wetland mitigation areas until said areas achieve I attached hereto and made a part hereof; and 16 agency defined success criteria. Resource Agency success criteria is defined in Attack 17 WHEREAS, the permit conditions require that the California Department of F Game shall have immediate access to funds at its sole discretion; and 18 WHEREAS, the amount of the reserve shall be based on the cost estimate per wetland creation including grading, installation, irrigation, five-year maintenance monitor five-year least Bell’s vireo monitoring. That cost estimate is estimated as $1 14,420 per 19 20 21 I 16.43 acres for a total reserve of $725,423; and 22 23 criteria is achieved; and WHEREAS, the conditions allow the partial release of funds from the reserve as 24 WHEREAS, the following are the areas, acres and associated security amount; 2 25 SECURITY NUMBER OF SITE ffUMBER REQUIRED ACRES 26 $469,122 4.10 A (Macario Canyon) 27 (I B (Kelly Ranch entrance) 0.44 $148,746 1.30 C (El Camino Real) $50,345 ~~ D (Park Drive) $725,423 6.34 TOTAL $57,210 0.50 28 ll 0 e 1 conditions of the aforementioned permits related to the 6,34 acres of wetland habitat, [ 2 WHEREAS, in the event the City fails to perform any of the work require( 3 have sixty (60) days to perform the work from date of notification by the State of Califc City is in default; and 4 WHEREAS, in the event City does not perform work in a timely manner tc 5 I ‘compliance with permits, the State of California may request funds from the City to cow costs to perform such work; and 6 7 WHEREAS, any funds required by the State shall be reimbursed to the Genc t3 from the Cannon Road West Bridge and Thoroughfare District No. 3; and 9 WHEREAS, City Council can authorize that the request for the release by the I 10 WHEREAS, there are sufficient funds available in the General Fund; and 11 Manager. 12 Department of Fish and Game of the reserve funds can be made to and authorized b) 13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ( California, as follows: 14 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad authorizes the Finance D reserve funds from the General Fund balance to serve as security for the wetlan l7 creation in the amount of $725,423 for each of the areas described above in the Recital: 3. That the California Department of Fish and Game shall notify the City N 19 the State determined that the work is not being performed in a timely manner or failu 20 City to perform the work and the City shall have first right to correct the work. 15 16 18 21 4. That the City Council may authorize the City Manager to release the fur 22 reserve to the California Department of Fish and Game upon written request of the age1 23 City Council. 5. That if funds are used by the California Department of Fish and Gam 24 IlWetland Habitat Creation, all expended funds shall be reimbursed by the Cannon Rc 25 Bridge and Thoroughfare District to the General Fund. Ill Ill 26 27 28 11111 I 1 I) e 6. That the City may apply for reduction of the Reserve Fund and tt- 2 3 determination by the California Department of Fish and game that each area has i agency required success, the Reserve Fund may be reduced by the amount required area. 4 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit! 6 held on the 4th day of August , 1998 by the following vote, to wit: 7 AYES: Council Members Lewis, Finnila, Nygaard, and Hall 8 9 10 11 12 ' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NOES: None ATTEST: ALETHA L. RAUTENKWNZ, City Clerk \ (SEAL) 28 ro 0 ATTAC H M E NT “A” AGENCY DEFINED SUCCESS CRITERIA Cond. 9 California Department of Fish and Game Streambed Alteration Agreement #5-044 and #5-045-97 requires compliance with all terms and conditions of the federal Biolog Opinion 1 -6-97-F-51: Cond.2=4. €nsure that the riparian mitigation site achieves the intended success criteria prior to commencement of the above referenced project. Success is anticipated to be achieved within 12 months from the initiation of site preparation at the riparian mitigation site, as stated in the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated January 1997. Success criteria shall be based on results from quantifying species density and composition and the horizontal and vertical vegetation structure along ten fixed, linear sampling transacts (sampling transacts) spanning the width of the riparian mitigation site on the east-west axis and evenly distributed across the riparian mitigation site along the northwest-southeast axis. The ten fixed, sampling transacts shall be located on a map, and a copy of the map shall be provided to the Service prior to on-the-ground preparation of the riparian mitigation site. Species density and composition shall be quantified by counting all individuals of each shrub and tree species within 10 feet from the fixed sampling transacts and calculating the density of each species for each transect. Vertical vegetation (height) success criteria (as described in Table 3-1 of the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated January 1997) shall be evaluated by measuring the height of all trees within 10 feet of either side of each transect, and calculating the mean separately for each transect. Horizontal vegetation structure (canopy) success criteria for tree and shrub species (as described in Table 3-1 of the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated January 1997) shall be evaluated by performing the “line-intercept“ method described by Mueller-Dombois and Ellenberg (I 974) along the ten fixed, sampling transacts. The percent canopy cover shall be calculated separately for each transect. The survival of trees and shrubs shall be determined by counting the number of individual dead plantings throughout the entire site and calculating the percent of the originally planted material that is dead. Monitoring results shall be provided to the Service prior to commencement of the project referenced above and in accordance with the additional time periods described in the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated January 1997. Photographs from permanently fixed photo-documentation sites of the mitigation site shall be included in all monitoring reports. Cond. 24. All created wetlands habitat must be free of irrigation for a minimum of one c season (April 1 - October 1) and meet agency-approved success criteria. The criteria sh include meeting 5-year performance standards for growth and coverage, and be approved the agencies as vireo-quality habitat (i.e., contains new least Bell’s vireo nesting territori andlor meets coveragektrata guidelines for least Bell’s vireo). All planting shall have minimum of 80% survival the first year and 100% survival thereafter and/or shall attain 75 cover after 3 years and 90% cover after 5 years for the life of the project. If the survival ai cover requirements have not been met, the Operator is responsible for replacement planting achieve these requirements. Replacement plants shall be monitored with the same survi\ and growth requirements for 5 years after planting. All created and restored southern willc riparian habitat shall meet vireo-quality habitat standards.