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HomeMy WebLinkAbout2011-12-06; City Council; Resolution 2011-273x H / <s t r 2_ 1 RESOLUTION NO. 2011-273 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE A PRE-EXCAVATION AGREEMENT WITH SAN LUIS REY BAND OF MISSION 4 INDIANS FOR CONSTRUCTION OF BUENA VISTA LIFT STATION FORCEMAIN. REACH VC4. PROJECT NO. 5508. 5 WHEREAS, the existing sewer forcemain, referred to as Reach VC4, within Jefferson 6 Street has deteriorated significantly and needs immediate rehabilitation and/or replacement; and WHEREAS, the City of Carlsbad proposes to rehabilitate and/or replace the existing 8 sewer forcemain in Jefferson Street, Reach VC4, Project No. 5508; and 9 WHEREAS, On March 8, 2011 City Council of the City of Carlsbad approved a project10 agreement with the City of Vista for the construction of the Buena Vista Lift Station Forcemain,11 Reach VC4, Project No. 5508; and12 WHEREAS, A Mitigated Negative Declaration and Mitigation Monitoring and Reporting I O Program was prepared for the Buena Vista Lift Station Forcemain, Reach VC4 Project No.14 5508, and on November 4, 2009, the Planning Commission adopted Resolution No. 6644, I O adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program16 and Resolution No. 6645, approving Coastal Development Permit (CDP 09-03) and Resolution . 0 No. 6646, Special Use Permit (SUP 09-01) for the project; and18 WHEREAS, On July 26, 2011 City Council of the City of Carlsbad awarded a contract fori y construction to CCL Contracting, Inc. for the construction of the Buena Vista Lift Station ?1 Forcemain, Reach VC4 Project No. 5508; and 22 WHEREAS, the Parties desire to establish mutually agreed upon responsibilities for the 23 treatment of Native American remains and cultural items in the event they are found during the 24 construction of the sewer forcemain Reach VC4; and 25 WHEREAS, an Agreement dated February 26, 2002, titled "Agreement for Ownership, 26 Operation and Maintenance of the Vista/Carlsbad Interceptor Sewer", calls for the City of Vista's share in the cost of this agreement to be 89.6 percent and Carlsbad's share to be 10.4 percent; 28 and Lj 1 WHEREAS, the City Council of the City of Carlsbad, California, has determined it 2 necessary and in the public interest for the City of Carlsbad to enter into a Pre-Excavation 3 Agreement between City of Carlsbad and the San Luis Rey Band of Mission Indians for 4 construction monitoring of the Buena Vista Lift Station Forcemain, Reach VC4, Project No. 5508; 5 and 6 WHEREAS, there are sufficient funds appropriated for Project No. 5508. 7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 8 California, as follows: 9 1. That the above recitations are true and correct. 10 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to 11 execute the Pre-Excavation Agreement with the San Luis Rey Band of Mission Indians for 12 construction monitoring of the Buena Vista Lift Station Forcemain, Reach VC4, Project 5508. 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Carlsbad City Council held on the 6th day of December 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: *RAINE\M. WOOD, City Clerk "TSEAL) ' %, * •".-'"!1H',V