HomeMy WebLinkAbout2007-11-13; Municipal Water District; 644; Lake Calavera Improvement habitat revegetationCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
RECOMMENDED ACTION:
Adopt Resolution No. 1308
security for the wetland
_ reserving funds from the Water Replacement Fund to serve as
creation for Habitat Revegetation and Monitoring Program,habitat
Lake Calavera Improvements, Project No. 3821.
ITEM EXPLANATION:
By Resolution No. 1293, the Board of Directors awarded construction of the Lake Calavera
Improvements, Project No. 3821. Conditions of approval of the project from the California Department
of Fish and Game Streambed Alteration Agreement require a security for the construction of wetland
and non-wetland habitat to ensure that impacts to listed species are fully mitigated. Mitigation
requirements imposed on the Lake Calavera Improvement Project include the creation of wetlands
and non-wetlands that will support the endangered plants and animals. Creation of habitat areas
includes grading, installation of plants, irrigation, and five-year maintenance monitoring. During the
environmental review, 2.29 acres of habitat creation and restoration were identified to mitigate for
direct and indirect impacts from the construction of Lake Calavera Improvements. California
Department of Fish and Game (CDFG) requires a security to be reserved, estimated at $292,092, to
ensure compliance with the mitigation requirements.
Staff has requested that CDFG waive the requirement for a security. The California Department of
Fish and Game determined that they cannot waive this requirement as it is required with all
streambed alteration agreements. CDFG will allow the District to reserve funds as a form of security
similar to what was provided on the Cannon Road West Wetland Creation Area in 1998. Staff
recommends establishing a Reserve to meet the condition imposed by the CDFG. A consultant
specializing in wetlands habitat creation has been hired to assure success is achieved. Staff has
evaluated the potential for failure of the wetland habitat creation and the need for the State to
complete the work and has determined the risk is minimal.
ENVIRONMENTAL IMPACT:
The Planning Director has determined that the requested action is consistent with prior CEQA review.
Reservation of funds will not have a direct impact on the environment and will enable the District to
implement a mitigation measure required by the Lake Calavera Streambed Alteration Agreement and
Incidental Take Permit.
FISCAL IMPACT:
Sufficient funds are available in the Water Replacement Fund to establish the required security.
EXHIBITS:
1.
2.
Location Map.
Resolution No.1308 reserving funds from the Water Replacement Fund to
serve as security for the wetland habitat creation for Lake Calavera Habitat Revegetation and
Monitoring Program, Project No. 3821.
DEPARTMENT CONTACT: David Ahles, (760) 602-2748, dahle@ci.carlsbad.ca.us
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AB# 644
MTG. 11/13/07
DEPT. ENG
AUTHORIZATION TO RESERVE FUNDS FOR
SECURITY ON HABITAT REVEGETATION,
MAINTENANCE AND MONITORING PROGRAM
LAKE CALAVERA IMPROVEMENTS, PROJECT NO. 3821
DEPT. HEAD .HRT^r
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FOR CITY CLERKS USE ONLY
BOARD ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
Dnn
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
LOCATION MAP
CITY OF OCEANSIDE PROJECT
NOT TO SCALE
CITY OF OCEANSIDE
HIGHWAY
PROJECT
VICINITY
MAP
NOT TO
SCALE
PROJECT NAME
LAKE CALAVERA IMPROVEMENTS - HABITATREVEGETATION
EXHIBIT
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'AWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 7/29/02 H:\CAPITAL IMPROVEMENT PROGRAM\3821 LAKE CALAVERA IHPKOVEMENTS\PLANSS£XHIBITS\PLANS\CALAVERA DAM.DWG
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RESOLUTION 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
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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
" 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.
DDE A LEWIS, President
ATTEST:
/LORRAII
(SEAL)
M. WO6d, Secretary CT
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