RESOLUTION NO. 2023-227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE
PRE-EXCAVATION AGREEMENTS FOR TRIBAL CULTURAL RESOURCES
TREATMENT AND MONITORING FOR CITY CAPITAL IMPROVEMENT
PROGRAM PROJECTS
WHEREAS, City Council Policy No. 83 -Tribal Cultural Resource Protection calls for the city to:
"recognize [the city's] responsibility to protect with improved certainty the important historical and cultural values of current Tribal Cultural Resources within the city limits and to establish an improved framework for the city's consultations with Native American Tribes that are traditionally and culturally affiliated with the City of Carlsbad, including the San Luis Rey Band;" and WHEREAS, the Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines from 2017 require the execution of pre-excavation agreements prior to ground-disturbing activities that require monitors to address potential impacts to tribal cultural resources; and WHEREAS, the city's execution of these agreements is a condition precedent to the implementation of Native American monitoring associated with Capital Improvement Program projects that may impact tribal cultural resources; and
WHEREAS, the City Council has determined that it is in the public interest to delegate certain powers to the City Manager in accordance with the Carlsbad Municipal Code Section 2.12.035(L).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the City Manager is hereby delegated the authority to sign pre-excavation agreements for Capital Improvement Program projects when recommended by the City Engineer or the Deputy City Engineer, Utilities Department, and upon the advice of the City Attorney's Office.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 29th day of August, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
KEITH BLACKBURN, Mayor
-fr SHERRY FREISINGER, City Clerk
(SEAL)