HomeMy WebLinkAbout2020-12-08; City Council; ; Authorization of Right of Entry Permit with the California Department of Parks and Recreation to Provide Access onto Carlsbad State Beach for Storm Drain Maintenance ActiMeeting Date: Dec. 8, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Daniel Zimny, Associate Engineer
daniel.zimny@carlsbadca.gov, 760-602-7551
Subject: Authorization of Right of Entry Permit with the California Department of
Parks and Recreation to Provide Access onto Carlsbad State Beach for
Storm Drain Maintenance Activities
Recommended Action
Adopt a resolution authorizing a right-of-entry permit with the California Department of Parks
and Recreation to provide equipment and personnel access onto Carlsbad State Beach for city
storm drain maintenance activities as part of the Storm Drain Outfall Replacement Program,
Capital Improvement Program Project No. 6624.
Executive Summary
City staff performed an inspection earlier this year of an existing, city-owned concrete energy
dissipater located on Carlsbad State Beach (Exhibit 2). Based on this inspection, staff
determined that repairs are needed on both the energy dissipater and connecting storm drain
pipe. Construction personnel hired by the city will require access onto state-owned property to
repair the dissipater. A right of entry permit has been prepared by the state for execution by
the city to allow access onto this property.
Staff recommends authorization of a right-of-entry permit with the California Department of
Parks and Recreation to provide access onto the Carlsbad State Beach for storm drain
maintenance purposes.
Discussion
A city-owned concrete storm drain outfall located on Carlsbad State Beach is in need of repair.
The energy dissipater structure has become disjointed with the storm drain pipeline that enters
the structure. This storm drain system captures and directs storm runoff from the city-owned
parking lot at the southern end of Ocean Street and Carlsbad Boulevard. The city is proposing to
remove and replace the structure in kind as part of the city’s storm drain outfall replacement
program, Capital Improvement Program Project No. 6624. Nonnative vegetation around the
outfall will also be removed. Construction personnel contracted by the city will require ingress
and egress onto the Carlsbad State Beach property to reach the city-owned drainage facility.
State staff has reviewed the proposed maintenance plans and prepared a right-of-entry
agreement to grant access permissions.
Fiscal Analysis
There is no fiscal impact associated with the recommended action.
Dec. 8, 2020 Item #3 Page 1 of 15
Next Steps
Staff will proceed with the planned maintenance activities upon execution of the right of entry
permit.
Environmental Evaluation (CEQA)
The project is exempt from the California Environmental Quality Act under CEQA Guidelines
Section 15301(c), which covers the repair of existing public structures and facilities involving
negligible or no expansion of existing or former use.
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.City Council Resolution
2.Location map
Dec. 8, 2020 Item #3 Page 2 of 15
Dec. 8, 2020 Item #3 Page 3 of 15
RESOLUTION NO. 2020-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING A RIGHT OF ENTRY PERMIT WITH THE
CALIFORNIA DEPARTMENT OF PARKS AND RECREATION TO PROVIDE
EQUIPMENT AND PERSONNEL ACCESS ONTO CARLSBAD STATE BEACH FOR
CITY STORM DRAIN MAINTENANCE ACTIVITIES AS PART OF THE STORM
DRAIN OUTFALL REPLACEMENT PROGRAM, CAPITAL IMPROVEMENT
PROGRAM PROJECT NO. 6624
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary,
desirable and in the public interest to perform storm drain maintenance and repairs to a city-owned
drainage system adjacent to Carlsbad State Beach; and
WHEREAS, execution of the California Department of Parks and Recreation right of entry permit
is necessary to provide the appropriate ingress and egress to perform the repairs; and
WHEREAS, the city planner has determined that the Project is exempt from the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(c) -minor alteration of
existing facilities including streets, sidewalks, gutters, and similar facilities involving negligible or no
expansion, and none of the exceptions described in CEQA section 15300.2 are applicable to this project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
II
II
II
II
II
II
II
1. That the above recitations are true and correct.
2. That the mayor is authorized and directed to execute the right of entry permit with the
California Department of Parks and Recreation which is attached hereto as Attachment
A.
Dec. 8, 2020 Item #3 Page 4 of 15
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of December, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor
~J;;e,1/VUtv~ flJY
BARBARA ENGLESON, City Clerk
(SEAL)
Dec. 8, 2020 Item #3 Page 5 of 15
RIGHT OF ENTRY PERMIT
Agency: Department of Parks and Recreation
Project: San Diego Coast District
Carlsbad State Beach
Right of Entry for Storm Drain Repairs
This Right of Entry Permit (Permit) is made and entered into this December 23, 2020, between the State
of California, acting by and through its Department of Parks and Recreation, hereinafter called State, and
City of Carlsbad, a local government entity. hereinafter called Permittee; State and Permittee may
hereinafter be referred to as a Party, or collectively the Parties.
RECITALS
• Whereas, the State owns, 0J)erates, and maintains the State Park known as Carlsbad State Beach,
in the County of San Diego, State of California; and
• Whereas, Permittee has applied to State for permission to access Carlsbad State Park for purposes
of carrying out Permittee's Right of Entry for Storm Drain Repairs project (the Project); and
• Whereas, the State desires to accommodate Permittee's application for permission to enter Carlsbad
State Beach for purposes of the Project, as provided herein and as, and to the extent, such Project
may be ultimately described, permitted, approved and conditioned by Permittee's environmental
document entitled Right-of-Entry for Storm Drain Repairs at Carlsbad State Beach and dated
12/22/2020 the Environmental Document attached hereto as Exhibit "A" and herein incorporated by
reference, and as may be conditioned by any other regulatory agency having jurisdiction, if
applicable.
TERMS AND CONDITIONS
Now therefore, the State by this Permit hereby grants to the Permittee permission to enter upon State's
property, conditioned upon the agreement of the Parties that this Permit does not create or vest in
Permittee any interest in the real property herein described or depicted, that the Permit is revocable and
non-transferable, and that the Permit is further subject to the following terms and conditions:
1.
2.
3.
4.
5.
Project Description: By this Permit, the State hereby grants to the Permittee permission to enter
onto those lands depicted on Exhibit "B" (the Property), attached hereto and herein incorporated by
this reference, solely for the purpose of repairing the storm drain by replacing the concrete energy
dissipater and repairing the disjointed pipe leading into the dissipater, the limits of which are
described in the Environmental Document.
Permit Subject to Laws and Regulatory Agency Permits: This Permit is expressly conditioned
upon Permittee's obtaining any and all regulatory permits or approvals required by the relevant
regulatory agencies for the Project and Permittee's use of the Property, and upon Permittee's
compliance with all applicable municipal, state and federal laws, rules and regulations, including all
State Park regulations. Permittee shall, at Permittee's sole cost and expense, comply with the
Project Description, and requirements and mitigations contained in the Environmental Document.
Prior to commencement of any work, Permittee shall obtain all such legally required permits or
approvals and submit to the State full and complete copies of all permits and approvals, including
documentation related to or referenced in such permits and approvals, along with the
corresponding a_gency contact and telephone numbers, and related California Environmental
Quality Act (CEQA) and/or National Environmental Policy Act (NEPA) documentation as applicable.
Term of Permit: This Permit shall only be for the period beginning on December 22, 2020 and
ending on December 21, 2021 or as may be reasonably extended by written mutual agreement of
the Parties.
Consideration: Permittee agrees to repair shared critical public infrastructure and provide city
engineering staff expertise in repairing the storm drain outfall as consideration for the rights granted
by this Permit.
Permit Subject to Existing Claims: This Permit is subject to existing contracts, permits, licenses,
encumbrances and claims which may affect the Property.
Dec. 8, 2020 Item #3 Page 6 of 15
6. Waiver of Claims and Indemnity: Permittee waives all claims against State, its officers, agents
and/or employees, for loss, injury, death or damage caused by, arising out of, or in any way
connected with the condition or use of the Property, the issuance, exercise, use or implementation
of this Permit, and/or the rights herein granted. Permittee further agrees to protect, save, hold
harmless, indemnify and defend State, its officers, agents and/or employees from any and all loss,
damage, claims, demands, costs and liability which may be suffered or incurred by State, its
officers, agents and/or employees from any cause whatsoever, arising out of, or in any way
connected with this Permit, exercise by Permittee of the rights herein granted, Permittee's use of
the Property and/or the Project for which this Permit is granted, except those arising out of the sole
active negligence or willful misconduct of State. Permittee will further cause such indemnification
and waiver of claims in favor of State to be inserted in each contract that Permittee executes for the
provision of services in connection with the Project for which this Permit is granted.
7. Contractors: Permittee shall incorporate the terms, conditions and requirements contained herein
when contracting out all or any portion of the work permitted hereunder. Permittee shall be
responsible for ensuring contractor/subcontractor compliance with the terms and conditions
contained herein. Failure of Permittee's contractors to abide by State's terms and conditions shall
constitute default by Permittee (see DEFAULT paragraph below) allowing State to terminate this
Permit and seek all legal remedies.
8. Insurance Requirements: As a condition of this Permit and in connection with Permittee's
indemnification and waiver of claims contained herein, Permittee shall maintain, and cause its
contractors to maintain, a policy or policies of insurance as follows:
General Provisions Applying to All Policies
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Rev. 711812017
Coverage Term -Coverage needs to be in force for the complete term of the contract. If
insurance expires during tlie term of the contract, a new certificate must be received by the
State at least ten (10) days prior to the expiration of this insurance. Any new insurance must
still comply with the original terms of the contract.
Policy Cancellation or Termination & Notice of Non-Renewal -Contractor is responsible
to notify the State within five business days before the effective date of any cancellation, non-
renewal, or material change that affects required insurance coverage. In the event Contractor
fails to keep in effect at air times the specified insurance coverage, the State may, in addition
to any other remedies it may have, terminate this Contract upon the occurrence of such
event, subject to the provisions of this Contract.
Deductible -Contractor is responsible for any deductible or self-insured retention contained
within their insurance program. ,
Primary Clause -Any required insurance contained in this contract shall be primary, and not
excess or contributory, to any other insurance carried by the State.
Insurance Carrier Required Rating -All insurance companies must carry a rating
acceptable to the Office of Risk and Insurance Management. If the Contractor is self-insured
for a portion or all of its insurance, review of financial information including a letter of credit
may be required.
Endorsements -Any required endorsements requested by the State must be physically
attached to all requested certificates of insurance and not substituted by referring to such
coverage on the certificate of insurance. .
Inadequate Insurance -Inadequate or lack of insurance does not negate the contractor
obligations under the contract.
Satisfying an SIR -All insurance reguired by this contract must allow the State to pay and/or
act as the contractor's agent in satisfying any self-insured retention (SIR). The choice to pay
and/or act as the contractor's agent in satisfying any SIR is at the State's discretion.
Available Coverages/Limits -All coverage and limits available to the contractor shall also be
available and applicable to the State.
Subcontractors -In the case of Contractor utilization of subcontractors to com~lete the
contracted scope of work, contractor shall include all subcontractors as insured s under
Contractor and insurance or supply evidence of insurance to The State equal to policies,
coverages and limits required of Contractor.
2 of 7
Dec. 8, 2020 Item #3 Page 7 of 15
9.
10.
•
•
•
•
•
•
11.
COMMERCIAL GENERAL LIABILITY:
Commercial General Liability Insurance covering bodily injury and property damage in a form and
with coverage that are satisfactory to the State. This insurance shall include personal and
advertising injury liability, products and completed operations, and liability assumed under an
insured contract. Coverage shall be written on an occurrence basis in an amount of not less than
$1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000. The State
of California, its officers, agents, ancf employees are to be covered as additional insureds
with respect to liability arising out of work or operations.
AUTOMOBILE LIABILITY INSURANCE:
Automobile Liability Insurance covering all owned, non-owned, and hired vehicles with a combined
single limit of not less than $1,000,000 for bodily injury and property damage. The State of
Carifornia, its officers, agents, and employees are to be covered as additional insureds with
respect to liability arising out of work or operations.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY:
Workers' Compensation insurance as required by the State of California, with Statutory Limits, and
Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or
disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the State of California.
Reservation of Rights: State reserves the right to use the Property in any manner, provided such
use does not unreasonably interfere with Permittee's rights herein.
Access Limits and Conditions: Access to the Property shall be limited to the access designated
by State and as depicted or described on Exhibit "B".
Schedule a pre-construction meeting with State Parks staff to discuss access and to coordinate
with Lifeguard Service.
No heavy equipment shall be moved or operated on State Park property without a flag crew .
Permittee will make every attempt to outline the "construction" zone for visitors. This may include
signage, flags, cones, or other identifiable markers around those areas where heavy equipment
may be in use or will be used.
State Beach lands will be left, at conclusion of the project, in appearance equal to or better than
before the project commenced.
Work to be conducted weekdays from 8:00AM to 4:00PM. No work shall take place on weekends
or holidays.
Photograph the Project prior to start and once completed. Submit before and after photos to
Cindy.krimmel@parks.ca.gov as a condition of the PEF.
Notice of Work: Any required notices to State shall be sent to the State authorities in charge of
Carlsbad State Beach State Park named below. At least forty-eight (48) hours prior to any entry
upon the Property for any of the purposes hereinabove set forth, Permittee shall provide the State
contact[s] named below with written notice of Permittee's intent to enter the Property. Permittee
shall also notify the State contact[s] listed below in writing at least forty-eight (48) hours prior to any
change in the Project schedule or cessation or completion of work. Sh our d State personnel need to
contact Permittee, State shall notify Permittee's contact person listed below:
STATE:
Contact: Sean Homer, Lifeguard Chief
District: San Diego Coast
Address: 2680 Carlsbad Blvd.
Carlsbad, CA 92008
Telephone: (760) 271-7560
Email: Sean.Homer@parks.ca.gov
PERMITTEE'S CONTACT:
Contact: Daniel Zimny
Associate Engineer
Address: 1635 Faraday Ave.
Carlsbad, CA 92008-7314
Telephone: (760) 331-7399
Email: Daniel.Zimny@carlsbadca.gov
12. Limits of Work: In no event shall this Permit authorize work in excess or contrary to the terms and
conditions of any regulatory agency permit or approval. Under no circumstances, whether or not
authorized by any regulatory agenc~1 other permit or any person or entity other than State, shall
work exceed that which is authorizea by this Permit.
13. Public Safety: Permittee shall erect orange plastic temporary construction fencing and
appropriate sIgnage prior to commencement of work to prevent public access to the construction
zone. Permittee shall remove such fencing within two (2) days after the completion of work.
Permittee shall take, and shall cause its contractors or subcontractors to take, any and all
Rev. 7/18/2017 3 of7
Dec. 8, 2020 Item #3 Page 8 of 15
14.
15.
16.
17.
18.
necessary and reasonable steps to protect the public from harm in connection with the Project or
implementation of this Permit.
Compliance with Project Requirements, Monitoring and Mitigation Measures (if applicable}:
Resource monitoring and mitigation measures identified by the PEF/CEQA document (attached)
shall be completed in accordance with and to the satisfaction of the District Superintendent or
designee.
Permittee's activities conducted under this Permit shall comply with all State and Federal
environmental laws, including, but not limited to, the Endangered Species Act, CEQA, and Section
5024 of the Public Resources Code.
Any of Permittee's archaeological consultants working within the boundaries of the Property shall
obtain a permit from the California State Parks Archaeology, History & Museums Division prior to
commencing any archaeological or cultural investigations of the Property.
Permittee shall immediately advise State's contact person if any new site conditions are found
during the course of permitted work. State will advise Permittee if any new historical resources
(including archaeological sites), special status species, threatened/endangered species protocols,
or other resource issues are identified within the Project site. Permittee sflall abide by District
Superintendent or designee's instructions to protect the resource(s) during the permitted work or
risk revocation of the Permit.
Permittee shall make all excavation activities on the Property available to the State Archaeologist
for observation and monitoring. During excavation, the State archaeological monitor may observe
and report to the State on all excavation activities. State archaeological monitor shall be
empowered to stop any construction activities as necessary to protect significant cultural resources
from being disturbed.
In the event that previously unknown cultural resources, including, but not limited to, dark soil
containing shell, bone, flal<ed stone, groundstone, or deposits of historic trash are encountered
during Project construction by anyone, work will be suspended at that specific location, and the
Perm1ttee's work will be redirected to other tasks, until after a State-qualified archaeologist has
evaluated the find and implemented appropriate treatment measures and disposition of artifacts, as
appropriate, in compliance with all apphcable laws and department resource directives.
If human remains are discovered during the Project, work will be immediately suspended at that
specific location and the District Superintendent or designee shall be notified by Permittee. The
specific protocol, guidelines and channels of communication outlined by the California Native
American Heritage Commission (NAHC), and/or contained in Health and Safety Code Section
7050.5 and Public Resources Code Sections 5097.9 et seq., will be followed. Those statutes will
guide the potential Native American involvement in the event of discovery of human remains.
Permittee shall provide a written work schedule to State so that the State archaeological monitor
can arrange to be on site on the necessary days. Permittee shall provide reasonable advance
notice of and invite the District Superintendent or designee to any preconstruction meetings with
the prime contractor or subcontractors. ·
Restoration of Property: Permittee shall complete the restoration, repair, and revegetation of the
Property in consultation with, and to the satisfaction of, the State Environmental Scientist within one
(1) year after completion of the Project or the expiration or termination of this Permit, whichever
comes first. This obligation shall survive the expiration or termination of this Permit.
Performance Bond: If required by State in order to ensure that Permittee performs and completes
its obligations in accordance with the terms of the Permit, Permittee shall obtain a Performance
Bond in the amount of from a surety duly licensed in the State of California. Permittee shall
provide State with a copy of such insurance bond.
Right to Halt Work: The State reserves the right to halt work and demand mitigation measures at
any time, with or without prior notice to Permittee, in the event the State determines that any
provision contained herein has been violated, or in the event that cessation of work is necessary to
prevent, avoid, mitigate or remediate any threat to the health and safety of the public or state park
personnel, or to the natural or cultural resources of the state park.
Use Restrictions: The use of the Property by Permittee, including its guests, invitees, employees,
contractors and agents, shall be restricted to the daytime hours between sunrise and sunset on a
day-by-day basis, unless otherwise approved in advance in writing by State. No person shall use
or occupy the Property overnight.
Rev. 7/18/2017 4 of7
Dec. 8, 2020 Item #3 Page 9 of 15
Activities on the Property shall be conducted only in a manner which will not interfere with the
orderly operation of the state park. Permittee shall not engage in any disorderly conduct and shall
not maintain, possess, store or allow any contraband on the Property. Contraband includes, but is
not limited to: any illegal alcoholic beverages, drugs, firearms, explosives and weapons.
Roads and trails where motorized vehicles are normally prohibited may be used for vehicle access
by Permittee, its employees, agents or contractors for patrol, maintenance or repair purposes only,
and only to the extent specified by State, and shall be otherwise subject to all other conditions
and/or restrictions of this Permit and any applicable laws, state park regulations and state park
policies.
Permittee shall not use or allow the Property to be used, either in whole or in part, for any purpose
other than as set forth in this Permit, without the prior written consent of the State.
19. State's Right to Enter: At all times during the term of this Permit and any extension thereof, there
shall be and is hereby expressly reserved to State and to any of its agencies, contractors, agents,
employees, representatives, invitees or licensees, the right at any ana all times, and any ana all
places, to temporarily enter upon said Property to survey, inspect, or perform any other lawful State
purposes.
Permittee shall not interfere with State's right to enter.
20. Protection of Property: Permittee shall protect the Property, including all improvements and all
natural and cultural features thereon, at all times at Permittee's sole cost and expense, and
Permittee shall strictly adhere to the following restrictions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Permittee shall not place or dump garbage, trash or refuse anywhere upon or within the
Property, except in self-contained frash receptacles that are maintained to State's satisfaction
by Permittee.
Permittee shall not commit or create, or suffer to be committed or created, any waste,
hazardous condition or nuisance in, on, under, above or adjacent to the Property.
Permittee shall not cut, prune or remove any vegetation upon the Property, except as
identified in the Project description and herein permitted or subsequently approved in writing
by the District Superintendent.
Permittee shall not disturb, move or remove any rocks or boulders upon the Property, except
as identified in the Project description and herein permitted or subsequently approved in
writing by the District Superintendent.
Permittee shall not grade or regrade, or alter in any way, the ground surface of the Property,
except as herein permitted, or subsequently approved 1n writing by the District
Superintendent.
Permittee shall not bait, poison, trap, hunt, pursue, catch, kill or engage in any other activity
which results in the taking, maiming or injury of wildlife upon the Property, except as identified
in the Project description and herein permitted or subsequently approved in writing by the
District Superintendent.
Permittee shall not use, create, store, possess or dispose of hazardous substances (as
defined in the California Hazardous Substances Act) on the Property except as herein
permitted, or subsequently approved in writing by the District Superintendent.
Permittee shall exercise due diligence to protect the Property against damage or destruction
by fire, vandalism and any other causes.
21. Default: In the event of a default or breach by Permittee of any of the terms or conditions set forth
in this Permit, State may at any time thereafter, without limiting State in the exercise of any right of
remedy at law or in equity which State may have by reason of such default or breach:
(a)
(b)
Rev. 7 /18/2017
Maintain this Permit in full force and effect and recover the consideration, if any, and other
monetary charges as they become due, without terminating Permittee's right to use of the
Property, regardless of whether Permittee has abandoned the Property; or
Immediately terminate this Permit upon giving written notice to Permittee, whereupon
Permittee shall immediately surrender possession of the Property to State and remove all of
Permittee's equipment and other personal property from the Property. In such event, State
5 of 7
Dec. 8, 2020 Item #3 Page 10 of 15
22.
23.
24.
shall be entitled to recover from Permittee all damages incurred or suffered by State by
reason of Permittee's default, including, but not limited to, the following:
(i)
(ii)
any amount necessary to compensate State for all the detriment proximatelr caused by
Permittee's failure to perform its obligations under this Permit, including, bu not limited
to, compensation for the cost of restoration, repair and revegetation of the Property,
which shall be done at State's sole discretion and compensation for the detriment which
in the ordinary course of events would be likely to result from the default; plus
at State's election, such other amounts in addition to or in lieu of the foregoing as may
be permitted from time to time by applicable law.
State's Right to Cure Permittee's Default: At any time after Permittee is in default or in material
breach of this Permit, State may, but shall not be required to, cure such default or breach at
Permittee's cost. If State at any time, by reason of such default or breach, pays any sum or does
any act that requires the payment of any sum, the sum paid by State shall be due immediately from
Permittee to State at the time the sum is paid. The sum due from Permittee to State shall bear the
maximum interest allowed by California law from the date the sum was paid by State until the date
on which Permittee reimburses State.
Revocation of Permit: The State shall have the absolute right to revoke this Permit for any
reason upon ten (10) days written notice to Permittee. Written notice to Permittee may be
accomplished by electronic or facsimile transmission, and the notice period set forth in this
paragraph shall begin on the date of the electronic or facsimile transmission, or, if sent by mail, on
the date of delivery. If Permittee is in breach of the Permit or owes money to the State pursuant to
this Permit, any prepaid monies paid by Permittee to State shall be held and applied by the State
as an offset toward damages and/or amounts owed. Nothing stated herein shall limit the State's
exercise of its legal and equitable remedies.
Recovery of Legal Fees: In any action brought to enforce or interpret any provisions of this
Permit or to restrain the breach of any agreement contained herein, or for the recovery of
possession of the Property, or to protect any rights given to the State against Permittee, and in any
actions or proceedings under Title 11 of the United States Code, if the State shall prevail in such
action on trial or appeal, the Permittee shall pay to the State such amount in attorney's fees in said
action as the court shall determine to be reasonable, which shall be fixed by the court as part of the
costs of said action.
25. Voluntary Execution and Independence of Counsel: By their respective signatures below, each
Party hereto affirms that they have read and understood this Permit and have received
independent counsel and advice from their attorneys with respect to the advisability of executing
this Permit.
26.
27.
28.
29.
Reliance on Investigations: Permittee declares that it has made such investigation of the facts
pertaining to this Permit, the Property and all the matters pertaining thereto as il deems necessary,
and on tliat basis accepts the terms and conditions contained in this Permit. Permittee
acknowledges that State has made, and makes, no representations or warranties as to the
condition of the Property, and Permittee expressly agrees to accept the Property in its as-is
condition for use as herein permitted.
Entire Agreement: The Parties further declare and represent that no inducement, promise or
agreement not herein expressed has been made to them and this Permit contains the entire
agreement of the Parties, and that the terms of this agreement are contractual and not a mere
recital.
Warranty of Authority: The undersigned represents that they have the authority to, and do, bind
the person or entity on whose behalf and for whom they are signing this Permit and the attendant
documents provided for herein, and this Permit and said additional documents are, accordingly,
binding on said person or entity.
Assignment: This Permit shall not be assigned, mortgaged, hypothecated, or transferred by
PermIttee, whether voluntarily or involuntariry or by operation of law, nor shall Permittee let, sublet
or grant any license or permit with respect to the use and occupancy of the Property or any portion
thereof, without the prior written consent of State.
30. Choice of Law: This Permit will be governed and construed by the laws of the State of California.
Rev. 7/1 B/2017 6 of 7
Dec. 8, 2020 Item #3 Page 11 of 15
STATE OF CALIFORNIA
Department of Parks and Recreation
By:~ /i,~-
Name: inaMoran
Title: District Superintendent
San Diego Coast District
Rev. 7/18/2017
CITY OF CARLSBAD
By .,~J{j/Jl
Name: Mat all
Title: City Mayor
Address: 1200 Carlsbad Village Drive
Carlsbad, CA 92008
Phone: (760) 434-2820
7 of 7
Dec. 8, 2020 Item #3 Page 12 of 15
Exhibit A
Right-of-Entry for Storm Drain Repairs at Carlsbad State
Beach
Notice of Exemption
(SCH #2020120431)
December 22, 2020
Dec. 8, 2020 Item #3 Page 13 of 15
DocuSign Envelope ID: 43A52389-58BD-4CFF-BE6C-FA6BFB617E24
District Project # SCH#
Date Filed: ER#
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
8
NOTICE OF EXEMPTION
TO: Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
FROM: Department of Parks and Recreation
1416 Ninth Street
P.O. Box 942896
Sacramento, CA 94296-0001
PROJECT TITLE: Storm Drain Repairs at Carlsbad State Beach (20/21-SD-06)
LOCATION: Carlsbad State Beach
COUNTY: San Diego
DESCRIPTION OF THE NATURE AND PURPOSE OF PROJECT: Issuance of a right-of-entry permit for
the City of Carlsbad to replace a concrete energy dissipater at the end of the storm drain line on
Carlsbad State Beach. They will repair the disjointed pipe leading into the dissipater and remove the
non-native vegetation around the facility, to protect park resources.
Measures to be implemented to avoid impact may be obtained by submitting a request to the project
Environmental Coordinator listed below.
PUBLIC AGENCY APPROVING THE PROJECT: California Department of Parks and Recreation
NAME OF DIVISION OR DISTRICT CARRYING OUT THE PROJECT: San Diego Coast District
EXEMPT ST A TUS:
D Declared Emergency (Section 15269(a))
□Emergency Project (Section 15269(b) and (c))
D Statutory Exemption (Section )
[8] Categorical Exemption
Class: 1, 5 Section: 15301, 15305
REASONS WHY PROJECT IS EXEMPT: No potential for significant impact to the environment is anticipated in
compliance with CEQA §15300.4. If the project is implemented as indicated within the CDPR Project Evaluation
Form, then it is exempt under CEQA §15301-Existing Facilities and §15305 -Minor Alterations in Land Use
Limitations. The action falls under the Departmental List of Exempt activities according to CEQA §15300.4 as:
• "Utility repairs or minor upgrades" (Class 1, Section 15301) and
• "Issuance of temporary use permits" (Class 5, Section 15305).
CONTACT: Cindy Krimmel PHONE NO.: (619) 278-3771
District Environmental Coordinator
San Diego Coast District
EMAIL: cindy.krimmel@parks.ca.gov
DPR 508 (Rev. 4/2003)(Word 2/11/2005)
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Gina Moran Date
San Diego Coast District Superintendent
Dec. 8, 2020 Item #3 Page 14 of 15
• Storm Drain
□ Park Boundary
D LimitofWork
Ingress and Egress
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6624
VICINITY MAP
STORM DRAIN OUTFALL REPLACEMENT PROGRAM
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6624
6624
STORM DRAIN OUTFALL
REPLACEMENT SITE
AND INGRESS/EGRESS
Exhibit 2
Dec. 8, 2020 Item #3 Page 15 of 15
SCALE: 1/32• = 1 •
Daniel Zimny, Associate Engineer
Dec. 8, 2020
Authorization of a Right-of-Entry Permit with
the California Department of Parks and
Recreation for Storm Drain Maintenance Access
onto Carlsbad State Beach
Recommendation
•Adopt a resolution authorizing a right-of-entry
permit with the California Department of Parks
and Recreation to provide equipment and
personnel access onto Carlsbad State Beach for
city storm-drain maintenance activities as part of
Storm Drain Outfall Replacement Program, Capital
Improvement Program Project No. 6624
2
Project Details
•Part of city’s ongoing Storm Drain Outfall Maintenance
Program
•Project will replace a storm drain outfall facility on
Carlsbad State Beach
•Outfall is a component of the system that collects
drainage from Carlsbad Blvd and Ocean St parking lot
•Access over California State Parks property is required
for personnel and equipment to access project site
3
Right-of-Entry Permit Details
•Provides temporary access over Carlsbad State Beach
and State-owned maintenance access road near
Carlsbad Blvd and Pine Ave
•Term of permit: Dec. 9, 2020 –Dec 8, 2021
•Will coordinate maintenance activities with State Parks
to avoid peak season on beach
4
•Storm drain outfall
facility located on
Carlsbad State Beach
Project Location
5
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6
Next Steps
•Staff will proceed with planned repairs to the
storm drain outfall facility upon execution of
the right-of-entry permit
7
Recommendation
•Adopt a resolution authorizing a right-of-entry
permit with the California Department of Parks and Recreation to provide equipment and
personnel access onto Carlsbad State Beach for
city storm-drain maintenance activities as part of
Storm Drain Outfall Replacement Program,
Capital Improvement Program Project No. 6624
8
Thank you