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Home My WebLink About2026-06-16; City Council; 03; Release and Indemnity Agreement with the San Diego County Water Authority for Use of a Portion of Property Controlled by the Water Authority for the Veterans Memorial ParCA Review CKM Meeting Date: To: From: Staff Contact: amy.ventetuolo@carlsbadca.gov, 442-339-2323 Subject: Authority for Use of a Portion of Property Controlled by the Water Authority for the Veterans Memorial Park Groundbreaking Event and Delegation of Authority to the City Manager to Approve Similar Agreements for Future City Ceremonial Events Districts: Recommended Action Adopt a resolution authorizing the City Manager to execute a release and indemnity agreement with the San Diego County Water Authority for use of a portion of the park property controlled by the Water Authority for the Veterans Memorial Park groundbreaking event, and delegating authority to the City Manager to execute similar agreements for future city ceremonial events on property not controlled or owned by the city. Executive Summary The City of Carlsbad plans to hold a groundbreaking event on July 6, 2026, for the future 94- acre Veterans Memorial Park. Staff are requesting the City Council authorize the City Manager to execute a release and indemnity agreement with the San Diego County Water Authority to use a portion of the park property controlled by the San Diego County Water Authority for the event for enhanced public access. City Council approval is required because the City Manager does not have delegated authority to sign this type of agreement. Staff are also requesting authority for the City Manager to execute similar agreements for future city ceremonial events on property not controlled or owned by the city. Explanation & Analysis Veterans Memorial Park will be the city's largest community park at almost 94 acres, near the intersection of Faraday Avenue and Cannon Road. June 16, 2026 Item #3 Page 1 of 6 Docusign Envelope ID: 8D14A2D5-9088-8277-800F-7A86787FB6FC The city plans to use a portion of the park property controlled by the Water Authority, a water collection facility site, for the park’s groundbreaking event because the site is flat and paved. The rest of the Veterans Memorial Park property is hilly, uneven and unpaved, making it less desirable for hosting a public event. The city needs to execute a release and indemnity agreement with the Water Authority to use this portion of the park property. Staff are asking the City Council to authorize the City Manager to execute this agreement as well as similar agreements for future city ceremonial events on property not controlled or owned by the city. Extending the delegation in this way would give the City Manager the flexibility to execute comparable agreements as city event planning requires, without the need for a separate City Council action each time — consistent with the approach the City Council has taken for similar delegations of authority to the City Manager. Fiscal Analysis There is no fiscal impact associated with this action. Next Steps Following City Council approval, the City Manager will use the delegated authority to execute the agreement with the San Diego County Water Authority and finalize all remaining plans for the Veterans Memorial Park groundbreaking event on Monday, July 6, 2026. Construction is expected to begin in early summer 2026 and take about two years to complete. Environmental Evaluation The proposed action authorizing the City Manager to execute a release and indemnity agreement for a city ceremonial event and delegating authority to the City Manager to execute similar agreements for future city ceremonial events is not a "project" as defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to the execution of an agreement to permit temporary use of property for a groundbreaking event. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Exhibit 1.City Council resolution June 16, 2026 Item #3 Page 2 of 6 Docusign Envelope ID: 8D14A2D5-9088-8277-800F-7A86787FB6FC Exhibit 1 RESOLUTION NO. 2026-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE AND INDEMNITY AGREEMENT WITH THE SAN DIEGO COUNTY WATER AUTHORITY FOR USE OF A PORTION OF THE PARK PROPERTY CONTROLLED BY THE WATER AUTHORITY FOR THE VETERANS MEMORIAL PARK GROUNDBREAKING EVENT, AND DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE SIMILAR AGREEMENTS FOR FUTURE CITY CEREMONIAL EVENTS ON PROPERTY NOT CONTROLLED OR OWNED BY THE CITY WHEREAS, Veterans Memorial Park will be the City of Carlsbad's largest community park, at almost 94 acres near the intersection of Faraday Avenue and Cannon Road; and WHEREAS the City of Carlsbad plans to hold a groundbreaking event for Veterans Memorial Park on July 6, 2026; and WHEREAS, the city plans to use a portion of the park property controlled by the San Diego County Water Authority, a water collection facility site, for the park’s groundbreaking event because the site is flat and paved; and WHEREAS, the rest of the Veterans Memorial Park property is hilly, uneven and unpaved, making less desirable for hosting a public event; and WHEREAS, the city needs to execute a release and indemnity agreement with the Water Authority to use this portion of the park property; and WHEREAS, without a delegation of authority from the City Council, this agreement and similar agreements for future city ceremonial events on property not controlled or owned by the city will each need to be separately authorized by the City Council at a City Council meeting. 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 proposed action authorizing the City Manager to execute a release and indemnity agreement for a city ceremonial event and delegating authority to the City Manager to execute similar agreements for future city ceremonial events is not a “project” as defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to the June 16, 2026 Item #3 Page 3 of 6 Docusign Envelope ID: 8D14A2D5-9088-8277-800F-7A86787FB6FC execution of an agreement to permit temporary use of property for a groundbreaking event. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. 3.That the City Council authorizes the City Manager to sign the release and indemnity agreement with the San Diego County Water Authority for use of a portion of the park property controlled by the Water Authority for the Veterans Memorial Park groundbreaking event (Attachment A). 4.That the City Council delegates authority to the City Manager to execute similar agreements for future city ceremonial events on property not controlled or owned by the city. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of June, 2026, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) June 16, 2026 Item #3 Page 4 of 6 Docusign Envelope ID: 8D14A2D5-9088-8277-800F-7A86787FB6FC Attachment A RELEASE AND INDEMNITY AGREEMENT This Release and Indemnity Agreement ("Agreement") is entered into as of ____ (the "Effective Date") by and between the San Diego County Water Authority ("Water Authority"), the City of Carlsbad ("Releasor"). Water Authority and Releasor are each a "Party" and collectively the "Parties." 1.Definitions 1.1 "Claims" means all claims, demands, suits, causes of action, proceedings, liabilities, obligations, damages (including consequential, incidental, special, exemplary, and punitive), fines, penalties, settlements, judgments, losses, costs, and expenses of every kind and nature, whether known or unknown, suspected or unsuspected, fixed or contingent, in law or equity, including reasonable attorneys' fees and costs and the costs of investigation, remediation, response, and compliance. 1.2 "Laws" means all applicable federal, state, and local laws, statutes, ordinances, codes, rules, regulations, orders, permits, approvals, and directives. 1.3 "Premises" means the real property located at including all property, facilities, rights-of-way, and easements thereon. 1.4 1.4 "Released Matters" means any and all Claims arising from, related to, or in connection with (a) Releasor's access to or use of the Premises and (b) Releasor's activities, operations, or occupancy in, on, over, under, or adjacent to the Premises. 2.Release by Releasor 2.1 Release. To the fullest extent permitted by Law, Releasor, for itself and its directors, officers, employees, agents, invitees, and representatives, irrevocably and unconditionally releases, acquits, and forever discharges the Water Authority and its past, present, and future board members, officers, employees, agents, contractors, consultants, representatives, and assigns ( collectively, the "Water Authority Parties") from all Released Matters. 2.2 Waiver of Unknown Claims. Releasor expressly waives any rights or benefits it may have under any Law that would otherwise limit the scope of the above release to known or suspected claims as of the Effective Date. Releasor understands and acknowledges the significance and consequences of this waiver. 3.Covenant Not to Sue; Dismissal 3 .1 Covenant. Releasor covenants and agrees not to commence, maintain, or prosecute any Claim against any Water Authority Party concerning the Released Matters. 3.2 Dismissal. To the extent any such Claim has been or is hereafter commenced, maintained, or prosecuted, Releasor shall promptly cause it to be dismissed with prejudice and shall bear its own fees and costs associated therewith. 1 June 16, 2026 Item #3 Page 5 of 6 The water desalination receiver site on Faraday Avenue, south of Whitman Way, at Veterans Memorial Park Docusign Envelope ID: 8D14A2D5-9088-8277-800F-7A86787FB6FC 06/17/2026 June 16, 2026 Item #3 Page 6 of 6 Docusign Envelope ID: 8D14A2D5-9088-8277-800F-7A86787FB6FC