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HomeMy WebLinkAbout1991-08-20; City Council; Resolution 91-257c 1 2 3 4 5 6 7 8 9 10 11 12 13 I.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 91 - 3 5 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALF AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGRE BETWEEN THE CITY, THE CALIFORNIA DEPARTMENT OF FISH AND GAME, AI FIELDSTONE COMPANY. WHEREAS, the City Council of the City of Carlsbad wishes to provide preservation of habitat for wildlife, especially species that are listed as endangered, thre or candidates for such listing; and WHEREAS, the City Council of the City of Carlsbad also wishes to provide construction of needed public facilities as stated in the Public Facilities Element of the 1 Plan, the Growth Management Program, and other policy documents; and WHEREAS, the City Council of the City of Carlsbad also wishes to provide for rea! private development of privately owned land consistent with the City’s various land use and regulations and in light of the need to provide areas for wildlife habitat; and WHEREAS, the habitat type known as Coastal Sage Scrub is the home to a nul species that are currently candidates for listing as endangered or threatened by the Ci Department of Fish and Game; and WHEREAS, some public and private projects within Carlsbad may impact Coasl Scrub habitat, and the City wishes to work with the Dlepartment of Fish and Gar cooperative effort to devise the optimal mitigation measures to be employed with res such projects; and I WHEREAS, the Fieldstone Company is one owner 01 private property that has re( to be a participant in the cooperative effort between the City and the Department of F Game and to be a party to the MOA; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the Carlsbad, California, as follows: 1. That the above recitations are true and correct. Ii 1 2 3 4 5 6 7 a 9 10 I1 12 13 I.4 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 0 m 2. That the memorandum of agreement between the City, the California Depa of Fish and Game, and the Fieldstone Company, which is attached hert incorporated by this reference, is approved. That the Mayor is authorized to execute the agreement. 3. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council City of Carlsbad, held on the 20th day of August , 1991, by the fo vote, to wit: Council Members Lewis, Kulchin, Larson, Stanton and Nyga AYES: NOES: None ABSENT: None ATTEST: LiQex?L;R i?y ALETHA L. RAUTENKRANZ, City Clerk (SEAL) I 2. 0 0 NEMORANDUM OF AGREEMENT REGARDING CITY OF CARLSBAD COASTAL SAGE SCRUB HABITAT PROGRAM THIS MEMORANDUM OF AGREEMENT is ectered into as of August 1, 1991, by and among the City of Carlsbad ("City"), the California Department of Fish and Game ("DFG") and The Fieldstone Company ("Fieldstone") . RECITALS This Memorandum of Agreement is based on the following facts: WHEREAS, the City, the United States Fish and Wildlife Service and Fieldstone have executed a Memorandum of Agreement ("MOA") regarding the preparation of a habitat conservation program ("HCP Program") and plan (I'HCP") for the conservation of Pacific Coastal Sage Scrub, habitat of the California Gnatcatcher (Polioptila californica) ( "Gnatcatcher" ) and other species of concern ( "Species of Concern") within the City as part of the City's Habitat Management Program ( "HMP" ) ; -1- e 0 WHEREAS, DFG is a trustee agency with respect to wildlife and wildlife habitat, including the Species of Concern and Scrub Habitat and important biological habitat as outlined in Section 1802 of the California Fish and Game Code ; WHEREAS, the Secretary for Resources is exploring the development of a program for Natural Communities Conservation Planning and legislation has been proposed which could establish State policies, laws and regulations with respect thereto and to the development of habitat conservation programs and plans; and WHEREAS, DFG is supportive of and desires to cooperate with the City, USFWS and Fieldstone in consulting with respect to the preparatioh of the HCP Program and HCP, consistent with and in accordance with State laws and regulations, including but not limited to the California Endangered Species Act (IICESA") and the California Environmental Quality Act ( 'ICEQA") ; THEREFORE, it is mutually agreed and understood as follows: 1. DFG will join in the MOA to the extent that it will cooperate in consulting with the City, USFWS and Fieldstone in the preparation of the HCP Program in accordance with the time schedule set forth in the MOA and -2- 0 e subject to and consistent with available resources, its authority, and legal responsibilities I a. As a trustee agency with respect to wildlife and wildlife habitat; and, b. Under CESA, CEQA and laws and regulations enacted and promulgated in the future including, but not limited to, any such laws and regulations with respect to Natural Communities Conservation Planning. 2. Without limiting the generality of the foregoing, in connection with the preparation of the HCP Program, upon the request of the City and subject to compliance with CEQA. DFG shall consider: a. As a trustee agency for wildlife and wildlife habitat, entering into implementation agreements which provides for the conservation of the Species of Concern and Coastal Sage Scrub Habitat; b. The issuance 0f.a Endangered Species Management Permit under and in accordance with Section 2081 of CESA with respect to any species addressed by the HCP Program or Plan which are regulated by CESA. -3- e 0 c. Implementing a conservation program for species identified in the Natural Communities Conservation Plan process. 3. Miscellaneous Provisions. a. Termination. While this MOA is intended to provide the basis for cooperative actions, any party may terminate its participation at any time by written notice to the other parties. b. No ADproval/Commitment. It is acknowledged that the City and DFG are authorized to commit to aspects of a program or plan only after a formal decision-making process in accordance with applicable laws and regulations. Accordingly, the participation and statements of representatives of these agencies during the process hereunder and under the MOA are only in an individual advisory capacity and shall not bind or be viewed as the official position of their agencies except when provided pursuant to formal actions of the respective agency. -4- 5 m e b Executed by the parties on the dates set forth below. "CITY" City of Ca b by : Date: "FIELDSTONE" The Fieldstone Company by: 1 E: (+4\ Date: "DFI? California Department of Fish and Game by : 14 4- SLboJJ%+ 1, 8- 3- 71 Date: -5-