HomeMy WebLinkAbout1997-06-24; City Council; Resolution 97-5080 0
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RESOLUTION NO. 97-508
COMPLETION OF THE BATIQUITOS LAGOON
ENHANCEMENT PROJECT AND ACCOMPANYING
ACTIONS.
WHEREAS, the City Council of the City of Carlsbad, California, previously en
into a multi-agency agreement on November 13, 1987 regarding the Batiquitos La
Enhancement Project, hereafter referred to as the “Project;” and
WHEREAS, said agreement set forth the roles and responsibilities of the respe
parties to said agreement including Carlsbad assuming the “lead agency” role for several pl
of the Project including the construction phase; and
WHEREAS, said construction has been completed in accordance with the approved I
and specifications and the numerous public agency permits and approvals; and
WHEREAS, it is necessary for Carlsbad to transfer certain properties acquired b:
City for the Project to the California State Lands Commission as required under
aforementioned 1987 agreement; and
WHEREAS, it is necessary for Carlsbad to execute a temporary lease agreement wit
California State Lands Commission affecting the Project; and
WHEREAS, it is necessary for Carlsbad to notify the other parties to the aforementi
1987 agreement of Carlsbad’s completion of the construction phase of the Project.
NOW, THEREFORE7 BE IT RESOLVED, by the City Council of the City of Carl:
California, as follows:
1. That the above recitations are true and correct.
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2. That the City Council does hereby declare and make the final determinatior
the construction of the Batiquitos Lagoon Enhancement Project is complete in accordance
the terms, conditions, and requirements of Section 6 (k) of the 1987 Memorandum of Agree
for the Enhancement of Batiquitos Lagoon and all subsequent project permits, apprc
conditions, entitlements, and requirements thereof.
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3. That the City Council does hereby authorize the City Clerk to record the Notic
Completion for said project.
4. That the City Council does hereby direct the Finance Director to release
contractor’s retention in accordance with the terms, conditions, requirements, and schedule a
forth in the Project’s contract documents.
5. That the City Council does hereby accept certain legal descriptions and plat I
prepared for several parcels of property in and around Batiquitos Lagoon acquired by the
necessary for the Project. Further, the City Council does hereby approve their transfer tc
California State Lands Commission in accordance with the terms and requirements 0;
aforementioned 1987 agreement and authorizes the Mayor to execute said documents COIIS~
with this approval. The City Clerk is directed to send the executed documents and a copy 0’
resolution to the California State Lands Commission, attention: Mr. Alan Scott, 100 P
Street, Suite 100 South, Sacramento, California 95825-8202 and copies of these si
documents and resolution to the Port of Los Angeles, attention: Mr. Bruce Seaton, 425 5
Palos Verdes Street, P. 0. Box 151, San Pedro, California 90733-0151 and the Corn
Development Department.
6. That the City Council does hereby declare the responsibilities of the Ci
Carlsbad as set forth in the aforementioned 1987 Memorandum of Agreement are com]
Under Section 10 of said agreement, the responsibility for long term maintenance and ope1
of Batiquitos Lagoon as a State ecological reserve hereafter lies with the California Deparl
of Fish and Game and the City Clerk is directed to forward a copy of this resolution t
California Department of Fish and Game, attention: Ms. Patricia Wolf, Acting Reg
Manager, 330 Golden Shore, Suite 50, Long Beach, California 90802.
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m e
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
City of Carlsbad, California, held on the 24th day of June , 1997, 1
following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk\
(SEAL)
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