HomeMy WebLinkAbout2011-01-25; City Council; Resolution 2011-011Exhibit 1
1 RESOLUTION NO. 2011-011
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE
3 MAYOR TO EXECUTE THE PURCHASE AGREEMENT
4 AND ANY OTHER DOCUMENTS NECESSARY TO
COMPLETE THE ACQUISITION OF CONSERVATION
5 CREDITS FOR 50.13 ACRES OF ALEMIR PROPERTY
(INCLUDING SETTLEMENT, COMPROMISE AND
6 MUTUAL GENERAL RELEASE AGREEMENT)
7 WHEREAS, the City is obligated to conserve high quality coastal sage scrub as a
8 mitigation requirement pursuant to its Habitat Management Plan which was approved by
9 the City Council on November 9, 2004; and
10 WHEREAS, to fulfill a portion of this requirement, the City has negotiated with
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Estates Seven LLC to purchase conservation credits for 50.13 acres of Alemir property
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located in the offsite core area; and
WHEREAS, the City Council has agreed to the purchase price of $27,000 per
15 acre, for a total purchase price of $1,353,510.00; and
16 WHEREAS, the majority of the purchase amount will funded from the Habitat
17 Mitigation Fee Fund which as of November 30, 2010 had a balance of $1,120,974.00;
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19 WHEREAS the remainder of the purchase price shall be advanced from the
20 General Fund as a no interest loan to the Habitat Mitigation Fee Fund; and
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WHEREAS, the General Fund has sufficient funds to loan for acquisition of said
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conservation credits, and the loan will repaid once the loan amount has accrued in the
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Habitat Mitigation Fee Fund.
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Exhibit 1
1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2 Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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2. That the Mayor is authorized to execute the attached Transfer of Real
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Property Conservation Credits Re: HCP/HMP Offsite Core Area (including
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Settlement, Compromise and Mutual General Release Agreement) and to
8 execute all documents associated with the purchase of the conservation
9 credits as necessary, as approved by the City Attorney.
10 3. That the Finance Director is authorized to appropriate funds for the
11 purchase from the Habitat Mitigation Fee Fund No. 1725110 and the General
12 Fund when directed to do so by the City Attorney.
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4. That the Finance Director is authorized to reimburse the General Fund the
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amount loaned to the Habitat Mitigation Fee Fund once the loan amount has
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.. accrued in Fund No. 1725110.16
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 25th day of January, 2011, by the following vote to wit:
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
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5 NOES: None.
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7 ABSENT: None.
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11 MATT ItfALL,'Mayor '
12 ATTEST:
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E M. WOOD, City Clerk
16 (SEAL)
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