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HomeMy WebLinkAbout2018-01-09; Public Financing Authority; ; Continued to later date: Adopt Resolution authorizing the Chairman to Execute a five-year agreement for Golf Course Management and Operations with JC ManagementAfter reviewing and rating the submittals, the selection committee scheduled interviews with representatives of both KSM and JCM. On Nov. 9, 2017, those interviews were conducted. On Nov. 29, 2017, a second interview with representatives of JCM only was conducted. Upon the conclusion of all of the interviews, the selection committee determined that JCM was the best qualified firm for recommendation of execution of a new agreement for Management and Operations of the Golf Course. Coupled with meeting the RFQP evaluation criteria, JCM was favored due its strong showing in areas such as financial processes/accounting, internal and external auditing, human resources culture, information technology and administration, tournament conduction, food and beverage capabilities, sales and marketing, course maintenance and regulatory compliance, local region industry experience, and leading Southern California affinity program. The Administrative Services Director and the Parks & Recreation Director subsequently entered into management fee negotiations with JCM's Vice President of Golf and Corporate Director of Golf Operations. JCM representatives committed to the following management fee structure: Fixed Management Fee • $135,000 in first agreement year, and adjusted by the Consumer Price Index (CPI), each agreement year thereafter. o JCM will remit up to fifty percent of the Fixed Management Fee in the first full operating year of the agreement, if it fails to maintain gross revenues at equal to or exceeding gross revenues of the last full operating year of the Golf Course's previous management and operations firm. JCM will likewise remit fifty percent of the Fixed Management Fee in future operating years if it fails to meet budgeted gross revenues for those operating years. The remittance will be calculated as $1in remittance for every $1 that the actual Gross Revenues for the operating year falls below the budgeted gross revenues for the operating year, up to a maximum of fifty percent (50%) of the Fixed Management Fee in effect for the operating year. Percentage Management Fee • 5.5% of total gross revenues in excess of $5,000,000, each operating year of agreement. o JCM's Percentage Management Fee will not exceed its Fixed Management Fee in any agreement year. Based on the results of the RFQP process, the selection committee is recommending execution of an agreement for Management and Operations of the Golf Course with JCM. Said agreement is drafted for a five-year initial term, with one optional five-year extension term. Fiscal Analysis The fees for this agreement are comprised of two parts: a Fixed Management Fee and a Percentage Management Fee. The Percentage Management Fee is based on gross revenues - not net revenues, and cannot exceed the Fixed Management Fee. January 9, 2018 Item #10 Page 3 of 147 The Fixed Management Fee in the proposed agreement with JCM is $135,000 for the first agreement year, adjusted yearly thereafter by the CPI (estimated at 2% per year). This fee will be paid in advance of the first day of each month. $135,000 for the first agreement year is approximately $600 less than the anticipated Fixed Management Fee for KSM, had the current agreement been extended. During the agreement term, JCM will also receive, as a flat Percentage Management Fee, 5.5% of that portion of total gross revenues in excess of $5,000,000 in each operating year. As an example, the gross revenues in the last full operating year were approximately $7,119,300. If the gross revenues in the next full operating year are $7,250,000, JCM will receive a flat Percentage Management Fee of $123,750 ($2,250,000 x 5.5% = $123,750). Using this example, the flat Percentage Management Fee is $11,250 less than less than the tiered Percentage Management Fee for KSM, had the current agreement been extended. As noted, the Percentage Management Fee cannot exceed the Fixed Management Fee for each agreement year -e.g., $135,000 for the first agreement year. Therefore, the total compensation for JCM in the first agreement year will not exceed $270,000. There are sufficient funds available in the Golf Course Operating Budget to address this management and operations agreement. Next Steps Should the Authority concur with the recommended action, staff will work diligently with JCM representatives to ensure a smooth transition in management and operations of the Golf Course from KSM on Mar. 1, 2018. KSM has agreed to a 30-day extension of the current agreement, which can be executed by the Executive Director of the Board, to assist with this transition. JCM has developed a management transition plan for the Golf Course, and has substantial experience assuming management of other golf courses. The corresponding actions will be intended to make the change in management seamless to patrons of the Golf Course. Environmental Evaluation (CEQA) A Final Environmental Impact Report (FEIR 97-01) was prepared for the Golf Course project and certified by the Planning Commission at its June 7, 2000 meeting, in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15090. Executing a five-year agreement for the Golf Course management and operations is within the scope of the FEIR and no further environmental review is required. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Resolution authorizing the Chairman to execute a five-year agreement for Golf Course Management and Operations with JC Management, in an amount not to exceed $270,000 per agreement year. January 9, 2018 Item #10 Page 4 of 147 bathroom supplies, towels, fuel, cleaning materials, fertilizers, pesticides, seed, maintenance parts and supplies, office supplies, and other similar items. 1.27 Operating Year -An Operating Year shall be a nvelve (12) month Fiscal year during the Tenn of this Agreement commencing on July 1 and continuing through June 30. 1.28 Real Property -As designated in the Legal Description as Exh ihit "D". 1.29 Technical Advisory Committee ("TAC") -The advisory group required by the California Coastal Commission Penn it with respect to the Golf Course. 1.30 · Termination Date -February 28, 2023. 1.31 Weekends -The period commencing at 12:01 a.m. Friday and ending at 11:59 p.m. on Sunday. ARTICLE II GOLF COURSE OPERATIONS AND MANAGEMENT 2.0 Term. This Management Agreement shall commence on March 1, 2018 and terminate on February 28, 2023 ("Management Term"). This Agreement may he tenninated by the Authority, without penalty or cause, at any time after the third anniversary of the Agreement if the Authority delivers written notice to JCM of its intention to terminate. Such notice shall be given at least ninety (90) days prior to such third am1iversary, or one hundred nventy ( 120) days prior to tem1ination if after the third anniversary. If such prior '-Vfitten notice is not given by the Authority in the time period specified above, then this Agreement shall continue until the Termination Date. At the Termination Date, the Management Tenn may be extended for one additional five (5) year period upon mutual agreement of the parties; provided that such extension be finalized no less than ninety (90) days prior to the Termination Date. 2.1 Management of the Golf Course bv JCM. The Authority hereby contracts with JCM, during the Management Term, to manage and operate the Golf Course, pursuant to the terms of this Agreement, and JCM agrees it shall manage and operate the Golf Course in such manner. Subject to the tenns of this Agreement, and further subject to the approved Annual Plan, JCM shall have authority and responsibility to: (a) implement the policies and standards for the Golf Course as reasonably determined by the Authority; (b) manage and supervise all day-to-day operations of the Golf Course including starting, course marshals, volunteers, pro shop, player's lounge, building and course maintenance, security, cart rental, driving range, food and beverage service, golf instruction, administration and budgeting; ( c) subject to Section 2.17, set, from time to time, greens fees and fees and charges for other uses and items charged to Golf Course customers; (d) hire, train, and supervise all employees required to carry out JCM's responsibilities, including with Authority approval, the General Manager and Course Superintendent; (e) acquire all goods and services necessary to carry out JCM's responsibilities; (f) acquire all necessary licenses and permits for the operation of the Golf Course including those related to food preparation and alcoholic beverages; (g) manage all course reservations, tee times, and tournaments, including special events or other activities reasonably requested by Authority; (h) manage all marketing and promotional activities and customer service relations; (i) manage accounting and payroll procedures and functions; and (j) prepare such annual and other plans and reports as set forth in this Agreement. The Authority agrees that it shall cooperate with JCM to pem1it and assist JCM to carry out its duties under this Agreement. 2.2 Authority to Set Fees, Charges and Prices. Nonvithstanding any authority given in this Agreement to JCM to set fees, charges, and prices, the Authority Board of Directors shall have the superior authority to set fees, charges, and prices at the Golf Course. 4 GS-DOCS\97931174.4 January 9, 2018 Item #10 Page 11 of 147 PERSONNEL 2.9 General Subject to Section 2.l(d), JCM shall employ all of the employees of the Golf Course. JCM shall recruit, hire, train, discharge, promote and supervise the management staff of the Golf Course (i.e., the General Manager, the Course Superintendent, and other key persormel), and JCM shall supervise through the management staff the recruiting, hiring, training, discharge, promotion and work of all other employees of the Golf Course. All employees of the Golf Course shall be properly qualified for their positions. 2.10 Emplovee Benefit Plans. JCM shall have the right to provide eligible employees of the Golf Course with employee retirement benefits and disability, health and welfare benefits, and other benefit plans now or hereafter available to employees of other golf courses and country clubs operated by JCM, and the allocable share of such employee benefits shall be a Golf Course Expense. 2.11 Temporarv Assignment of Other JCM Personnel. If the position of General Manager, Course Superintendent, or other Key Management Employee positions of the Golf Course are not filled for whatever reason, JCM may temporarily assign to these positions the staff of other golf courses and country club Golf Courses operated by JCM or other qualified JCM staff; provided, however, that said temporary assignment shall not exceed ninety (90) days without the written approval of the Executive Director. During such time as these employees are temporarily assigned to the Golf Course, all such employees will be paid a pro-rata share of their regular Employee Compensation equal to the actual time such employees worked at the Golf Course which shall be a Golf Course Expense and the Fixed Management Fee shall be increased or decreased accordingly. 2.12 Kev Management Emp]oyees. The General Manager of the Golf Course shall be responsible for the day-to-day management and operation of the Golf Course. The name and telephone number (both home and business) of the General Manager shall be provided, in writing, to the Executive Director and shall be current at all times. The General Manager shall be reasonably available during nonnal vmrking hours to meet with the Executive Director. After normal working hours, the General Manager shall be reasonably available to appear at the Golf Course if deemed necessary by the Executive Director. The Course Superintendent for 1he Golf Course shall be certified by the Golf Course Superintendents Association. The General Manager for the Golf Course shall be a cmTent Class "A" member in good standing of the Professional Golf Association or the Ladies Professional Golf Association. The Executive Director shall have the right to approve the individuals who JCM intends to hire to fill the positions of General Manager and Course Superintendent (regardless of the titles given for such positions by JCM) (collectively, the "Key Management Employees"), which approval shall not be unreasonably withheld. 2.13 JCM Acknowledgment of Regulatory and Permit Documents: Easements. JCM acknowledges that it has been provided copies of the Regulatory Pennits pertaining to the Golf Course property, attached hereto as Exhibit E, consisting of: 1. State Water Resources Control Board, WDID No. 937C33 7203, dated 10/17 /05; 2. California Department offish and Game, Stream bed Alteration Agreement No. 5- 122-00, dated June 30, 2004; 3. United States Army Corps of Engineers Permit No. 972020600-SMJ, dated I /5/05, modifying permit No. 972020600-MAT, dated September 30, 2000; 4. California Coastal Commission Coastal Development Permit No. A-6CII-00-087, Notice of Acceptance, dated April 25, 2005; 10 CS-DOCS\97931174.4 January 9, 2018 Item #10 Page 17 of 147 5. City of Carlsbad, Endangered Species Act Incidental Take Permit No. HJv1P 04- 01, dated December 5, 2004; and 6. San Diego Gas and Electric Company, Letter of Permission for Grading and Construction of Jmprovements, dated June 23, 2005. 2.14 Publicity. Any commercial advertisements, press releases, articles, or other media information using Authority's or City's name shat I be subject to the prior approval of the Executive Director which approval may be or withheld in the Executive Director's sole and absolute discretion. 2.15 Specific Operating Procedures. In addition to the more general responsibilities of JCM as manager of the Golf Course as provided in this Article II, JCM shall operate and manage the Golf Course in accordance with operating procedures consistent with the approved budget and Annual Plan. 2.16 Golf Course Hours of Operation. Except upon the occurrence of the events described in Article VJJI of this Agreement, the Golf Course shall be operated on a daily basis all year and shall not be closed on holidays. The Golf Course shall be kept open during all hours necessary to adequately serve the public utilizing the Golf Course, subject to the specific conditions of the Conditional Use Permit and except for instances in ·which nonnal maintenance requires temporary closure. The driving range may be open when the Golf Course is closed, subject to the conditions of the Conditional Use Permit. The inside food and beverage services of the Golf Course Clubhouse shall be open as detennined in the Annual Plan. The permitted hours for food and beverage services in the Golf Course Clubhouse restaurant shall be as provided in the Conditional Use Permit. FEES AND CHARGES 2.17 Setting of Fees. JCM shall, from time to time, set the amount for fees and charges for services at the Golf Course, including greens fees (which shall include use of a golf cart), golf club rental, and driving range. All fees, charges, and prices at the Golf Course set by JCM shall be comparative and competitive with other first class public golf courses in San Diego County and approved by the Executive Director. All fees and charges shall be set first to ensure coverage of Golf Course Expenses, Management Fees, and debt service, if applicable, and secondarily, to provide a benefit to residents of Carlsbad. The green fees shall be recommended in the Annual Plan. JCM acknowledges that Authority obtained public and/or private financing for construction of the Golf Course, and that such financing required Authority to control the setting of other charges, and prices at the Golf Course in addition to green fees. 2.18 Citv Use Day. The Authority/City shall have the right to designate a day for its exclusive use of the Golf Course and all improvements free of charge once a year on a Monday through Thursday only. 2.19 Resident Green Fee Discount. JCM shall establish a "Resident Green Fee Discount," whereby Carlsbad residents shall receive a discount on green fees. JCM shall recommend the amount of the resident green fee discount and include the recommended discount in the Annual Plan. JCM shall develop all necessary rules and procedures for implementing the Resident Green Fee Discount, which rules, and procedures shaJI be subject to the prior written approval of the Executive Director. JCM may also recommend discounted rates for otl1er specified groups, as approved by the Authority or as set foiih in the Annual Plan. 2.20 Food and Beverage Operations. The Golf Course shall include a restaurant located in the Golf Course Clubhouse and a snack bar, which shall be operated in accordance with the Conditional Use Permit. Temporary fixed food stands shall not be installed on the Golf Course except for special events. JCM shall provide a staffed food service and beverage cart for the service of players on the Golf Course 11 US-DOCS\97931174.4 January 9, 2018 Item #10 Page 18 of 147 during peak hours of operation. JCM shall comply with a11 requirements of state and local law governing the sale and distribution of alcoholic beverages. JCM shall obtain and maintain all pennits from all governmental agencies having jurisdiction for all food and beverage operations at the Golf Course, including holding a liquor license in the name of JCM or a JCM Affiliate. JCM shall comply with all health law and regulations as existing or as may be established by the federal, state, county, and city governmental agencies. All food service employees shall possess valid food handler cards, and a copy of these cards shall be maintained in the administrative office at the Golf Course. JCM, for all food and beverage employees, shall comply with all applicable codes and regulations as relates to tuberculosis and other health and disease testing -as now or hereafter required by applicable law. Prices of food and beverages sold at the Go1f Course shall be market rate and competitive ·with prices charged at comparable first class public golf courses in San Diego County. 2.21 Office Operations. JCM shall employ sufficient administrative staff at the Golf Course to permit JCM to competently perform JCM' s obi igations under this Agreement. Upon Autl1ority's v,;ritten request, JCM shall provide the Executive Director with a written job description for each management position at the Golf Course. The Executive Director shall keep these job descriptions in strict confidence, subject to applicable public records disclosure laws. JCM shall maintain at the Golf Course copies of all JCM corporate policies and procedures, as such may be changed from time to time. 2.22 Safety and Security. The Golf Course shall comply with all safety regulations of federal, state, and local governmental agencies, including without limitation any requirements imposed by California Labor Code Section 6300 et seq. and regulations promulgated with respect thereto, and applicable federal occupational, health, and safety laws and regulations. JCM shall take all reasonable actions to protect the safety of all Golf Course employees and customers. The Golf Course shall contain appropriate security systems, including video monitoring of cash operations, security alarm systems, motion detection sensors for after-hours control, and locks for the maintenance yard and perimeter gates. The alarm system at the Golf Course shall be tied into an ai1tight monitoring station. JCM shall keep for seven (7) days computer back-up tapes for all accounts payable and accounts receivable information. All records at the Golf Co urse shall be kept in fireproof files and made available to the Authority upon request. 2.23 Contracts and Agreements. JCM shall negotiate, consummate, enter into, and perfom1, on behalf of Authority, such agreements as JCM may deem necessary or advisable for the furnishing of all food, beverages, utilities, concessions, entertainment, operating supplies, equipment, repairs and other materials and services as JCM determines are needed from time to time for the management and operation of the Golf Course. JCM shall not be obligated to sign any leases or other agreements in JCM's name except for any employment related agreements, if any, which shall be in JCM's name (or the name ofJCM's Affiliate). Nohvithstanding the above, any contract which exceeds Thirty-Five Thousand Dollars ($35,000) in total payments over the term of such contract or which has a term of over one (1) year shall be negotiated by JCM but provided to Authority for its approval and signature. 2.24 Alterations to Buildings. JCM shall not make any substantial alterations, additions, or changes to the exterior appearance or the structural nature of the Golf Course Clubhouse, go1f pro shop, maintenance building, or other buildings located at the Golf Course without the prior consent of the Executive Director. 2.25 Operations and Maintenance Standards. The parties acknowledge and agree that the Golf Course shall be operated and maintained as a first class golf course. As used herein, "first class golf course" shall mean a golf course comparable to the follmving golf courses in San Diego County: Torrey Pines -City of San Diego, California; and Encinitas Ranch -City of Encinitas California, as they existed on the Effective Date of this Agreement. In addition to all other responsibilities of JCM under this Agreement, JCM agrees that at all times during the term of this Agreement, the Golf Course shall be operated and maintained in accordance with the written standards to be agreed upon by Authority and JCM 12 US-DOCS\97931174.4 January 9, 2018 Item #10 Page 19 of 147 (d) The amount of any gratmt1es paid or given by customers to Golf Course employees, or service charges added to customer billings, which represent gratuities to Golf Course employees; (e) Gross receipts received by licensees or concessionaires, except to the extent any portion of such receipts is received by the Golf Course; (f) Proceeds of insurance other than business interruption insurance or similar types of insurance; (g) Receipts from public telephones and vending machines, except to the extent of commissions paid to JCM or Authority; (h) Proceeds of any borrowings by JCM or Authority; (i) Any amount received by JCM in connection with any claim, demand, or la,vsuit, except when such amount is for interrnption or loss of Golf Course business; U) Any additional funds provided by the Authority for, or paid by the Authority for, any Golf Course purpose; or (k) Interest earnings on any Golf Course funds. ARTICLE V ACCOUNTS: WORKING FUNDS; DISBURSEMENT OF FUNDS; RECORDS AND REPORTS; GOLF COURSE EXPENSES 5.0 Golf Course Accounts. JCM shall use the established bank accounts for the Golf Course. Individuals designated and approved in writing by the Authority as vvell as City employees designated in writing by the Authority shall be signatories on the accounts, and JCM will not change the signatories of such accounts or close such accounts without the prior written consent of the Authority. The Authority shall not close tl1e accounts without ten (10) days written notice to JCM. .JCM shall deposit in the Golf Course Accounts all monies received from the operation of the Golf Course. Any interest earned on monies in the Golf Course Accounts shall be the property of the Golf Course. The funds in the Golf Course Accounts shall be disbursed by JCM for the purposes set forth in Section 5.1 below. Nohvithstanding the provisions of the foregoing sentence, JCM shall be entitled to maintain funds in reasonable amounts in "cash register banks" or in petty cash funds at the Golf Course. No later than fifteen ( 15) days after the Effective Date (and in any event, prior to JCM's incurrencc of any Golf Course Expenses), the Authority shall fund for deposit into the Golf Course Accounts, Advances equal to one (I) month's estimated Golf Course Expenses (including payroll) equal to the highest monthly operating budget identified in the current approved Annual Plan (the "Operating Expense Minimum"). The Authority shall maintain the Operating Expense Minimum in the Golf Course Accounts at all times. JCM shall be responsible for the payment of Golf Course Expenses as incurred in accordance with the monthly operating budgets set forth in the approved Annual Plan directly from the Golf Course Accounts, but only to the extent funds have been made available by the Authority. .TCM shall provide Authority with statements infonning Authority of the amounts needed in the Golf Course Accounts in order to pay operating expenses and payroll and Authority shall make sure that the Golf Course Accounts contain such needed amounts before they become due and payable. Authority may not offset amounts needed for payment of operating expenses and payroll against !he Operating Expense Minimum, as the Operating Expense Minimum shall be available solely for payment by JCM of unanticipated Golf Course Expenses. JCM shall have no liability for, and shall not be obliged to process or othenvise address, any and all expenses of the Golf Course incurred prior to the Effective 20 US-DOCS\97931174.4 January 9, 2018 Item #10 Page 27 of 147 Date. All Golf Course funds held by JCM, whether the Advances or monies held by JCM in "cash register banks" or petty cash funds at the Golf Course, shall be owned and controlled by The Authority. 5.1 Disbursements from Golf Course Accounts. From the Golf Course Accom1ts (or, if appropriate, from "cash register banks" or petty cash funds available at the Golf Course), JCM is authorized to pay the following: (a) Golf Course Expenses as and when incurred; provided, however, that (1) the amount disbursed shall constitute a Golf Course Expense, and (2) JCM shall provide the Executive Director, within ten (10) days following the end of each calendar month, an accounting delineating the Golf Course Expenses disbursed from the Golf Course Accounts for such preceding calendar month (e.g., accounting due not later than April 10 covering the immediately preceding month of March); (b) The Fixed Management Fee; provided, however, that such disbursement/payment to JCM shall be paid in accordance with the tenns of Section 4.1; ( c) The Percentage Management Fee, if applicable; provided, hmvever, that (1) Such disbursement/payment to JCM shall be paid in arrears on not more than an annual basis pursuant to Section 4.2, and (2) JCM shall provide the Executive Director, within ten (I 0) days following the end of the Operating Year, an accounting delineating the calculation of the Percentage Management Fee for tl1e annual period for which the Percentage Management Fee is disbursed/paid to JCM. The Percentage Management Fee shall be adjusted if necessary to agree with audit. ( d) All accrued (but undisbursed) Capital Improvement Funds as provided in Section 2.5; (e) Amounts needed to maintain the Operating Expense Minimum; and (f) The Available Funds payable to the Authority pursuant to Section 5 .2. JCM shall maintain at all times, in accordance with the Annual Plan, sufficient funds in the Golf Course Account to satisfy the daily working capital needs of the Golf Course, JCM shall only disburse funds from the Golf Course Accounts to pay accrued Capital Improvement Funds when tl1ere are sufficient funds available in the Golf Course Account to satisfy the daily working capital needs of the Golf Course. In the event Gross Revenues are insufficient to pay the amounts set forth in the foregoing subparagraphs (a), (b), and (c), Authority, after reviewing Golf Course Accounts and confirming the insufficiency of Gross Revenues to meet the obligations to pay (a), (b), and (c) above, shall remit to JCM such funds as necessary for (a), (b), and (c) to be paid. 5.2 Available Funds. If after payment of the Golf Course Expenses, the Fixed Management Fee, and the Percentage Management Fee (if applicable), maintenance of the Operating Expense Minimum, and all accrued Capital Improvement Funds, then any excess funds in the Golf Course Accounts "Available Funds" shall be disbursed by JCM to Authority. The Available Funds shall be disbursed to Authority monthly at the same time as the monthly profit and loss statements required by Section 5.6 or within 20 days of month end, whichever occurs first. 5.3 Remaining Funds. Upon the expiration or earlier termination of this Agreement, all funds remaining in the Golf Course Accounts, after payment of the Golf Course Expenses, Fixed Management Fee, and the Percentage Management Fee (if applicable), shall be disbursed by JCM to Authority ·within 21 L'S-DOCS'.97931174.4 January 9, 2018 Item #10 Page 28 of 147 (2) Proceed to remedy the event of default. All sums so expended or obligations incurred by the Authority in connection therewith, with the exception of attorneys' fees, shall be paid by JCM to the Authority within thirty (30) days after ,vritten demand by the Authority, and in the event of a failure of JCM to provide such reimbursement, the Authority may, at the Authority's option, deduct all costs and expenses incurred in connection with remedying the event of default from the next sums becoming due to JCM from the Authority under the tenns of this Agreement; and (3) Terminate this Agreement by written notice of termination to JCM. Upon proper termination of th is Agreement, JCM shall surrender occupancy of the Golf Course to the Authority. (b) JCM Remedies. Upon the occurrence of an event of default by the Authority, JCM may: (1) Demand payment of all amounts due JCM under the terms of this Agreement and demand the payment of all costs, damages, expenses, fees of JCM due to the Authority's event of default; (2) Tenninate this Agreement by JCM's written notice of termination to the Authority. In such event, the Authority shall pay to JCM within sixty (60) days of termination an amount equal to the total unpaid Management Fees that JCM ,vould have earned had the Agreement remained in effect until the Tennination Date. If the Authority is in material breach of this Agreement, the parties agree that the Authority shall pay One Hundred Thousand Dollars ($100,000) to JCM as liquidated damages fo r its breach which is a fair and reasonable estimate of the damage caused thereby to JCM in addition to the unpaid management foes to be paid in accordance with the preceding sentence. 6.6 Remedies Cumulative. Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. 6.7. Consequential Damages. NOTWITHSTANDING Ai"'\l"YTI-IING TO THE CONTRARY IN THIS AGREEMENT OR UNDER APPLICABLE LAW, IN ANY EXPERT RESOLUTION, LAWSUIT, LEGAL ACTION OR PROCEEDING BETWEEN THE PARTIES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE GOLF COURSE, THE PARTIES UNCONDITIONALLY AND IRREVOCABLY W ATVE AND DISCLAIM TO THE FULLEST EXTENT PERMlTTED UNDER APPLICABLE LAW ALL RIGHTS TO ANY CONSEQUENTIAL, LOST PROFITS, PUNITIVE, EXEMPLARY, STATUTORY OR TREBLE DAMAGES (OTHER THAN STATUTORY RIGHTS AND 11ANAGER'S RIGHT TO RECEIVE ANY TERMINATION FEE IN ACCORDANCE WITH SECTION 6.5, AND EXCEPT FOR A CLAIM FOR RECOVERY OF ANY SUCH DAMAGES THAT THE CLAIMING PARTY IS REQUIRED BY A COURT OF COMPETENT JURISDICTION OR THE EXPERT TO PAY TO A THIRD PARTY), AND ACKNOWLEDGE AND AGREE THAT THE RIGHTS AND REMEDIES IN THIS AGREEMENT, AND ALL OTHER RIGHTS AND REMEDIES AT LAW AND IN EQUITY, WILL BE ADEQUATE IN ALL CIRCUMSTANCES FOR ANY CLAIMS THE PARTIES MIGHT HA VE WITH RESPECT TO DAMAGES. ARTICLE VII TITLE MATTERS: ASSIGNMENT 7.0 Ownership of Improvements and Personal Property. All improvements to the Golf Course made during the term of this Agreement and all Furnishings and Equipment and Operating Inventory 26 US-DOCS\9793 I 174.4 January 9, 2018 Item #10 Page 33 of 147 EXHIBITS: Exhibit A - Exhibit B Exhibit C Exhibit D - Exhibit E Golf Course Operations and Maintenance Standards Evaluation Fonn Habitat Preserve Area Turf and Pest Management Plan I Integrated Pest Management Plan Legal Description of Real Property Regulatory Permits 33 US-DOCS\97931174.4 January 9, 2018 Item #10 Page 40 of 147 RATING SHEETS GREENS QUALITY STANDARDS: Smooth, uniform, turf, firm, but not hard, well-defined, consistent, of suitable speed (suggested 9 to 9.5 on the Stimp Meter depending on season and weather condition) for the location. Cups placed in accordance with USGA recommendations. Flags must stand straight up. Cups, poles and flags are uniform, clean and in good repair. Pin placements must in line with daily GPS settings. 1. Quality. How do they putt and play? 100% Turf cover, smooth and uniform. Do the greens hold approach shots? Are the cups cut cleanly and in proper location? No diseases, weeds, insects, rodents, bare spots or numerous pitch marks. Unacceptable Needs Improvement Acceptable 2. Appearance. How do they look? Color and texture of the greens turf, uniformity of the mowing, condition of cup, flag and pole, condition of the areas around the greens. No diseases, weeds, rodents, or off-color areas. __ Unacceptable --Needs Improvement __ Acceptable Green Bunkers. How do they play and look? Sand surface is uniform and smooth, and is adequate depth for play. No weeds, debris or rocks in traps. Adequate number of rakes, in good condition and properly placed. Quality of mowing/trimming around traps. As necessary, edge traps to always maintain a neat lip. Appropriate drainage. Unacceptable Needs Improvement Acceptable FAIRWAYS AND ROUGHS QUALITY STANDARDS: Fairways -Smooth, uniform turf cover, smooth mowing and trimming, clean, firm but not hard, well defined, that properly supports the ball for play. Divots must be repaired in a timely manner. Roughs -Properly mowed and trimmed, clean and adequately uniform for play, distinct in height from fairways. Perimeter fencing properly trimmed at all times. 1. Quality. How do they play? Mowing height of fairways and roughs is within USGA specifications, mowing frequency is appropriate for the turf type and season. Second cut of rough. Fairway turf properly supports the ball for play. Able to find the ball in the roughs. Absence of wet or dry spots in play areas. No visible clippings. Appropriate drainage. Unacceptable Needs Improvement Acceptable =~~':"""'].'.'1t"l!"~~~~-~i~!!'~io:s·;.:.'C't".'!':<,~-=---···''-* .,,_. .. ,.,,., ••.. , .• ,. ,,,.,~:n,~!."'!!".1=~lif.)<4~;.,,,..:,,;,.~...-.-,.""-·-~A,;,"~=;;,=i.c-.&1:~·r.Jr!E~',.a:;Iz ... m ~;.i!t.:.il!_-_, ... ~ . .-:....1-,_.,,..._ ..... s~i·l!l!:'l'-r.i.::~,;::~·,-~-,·.::'!.~=~~"-'"-'"''~=~;.1·,,:n=-ru;&~2,1at.;.,,;,.,~ :· __ ;~-_\/i \ ... : .. _·p_ 1;· , .,, -.. ,-., : :;.··,·:/";:"Y'=~:::··\·'.·.:·:·:, :~·:;~.'-:J:;'>:f ; -· January 9, 2018 Item #10 Page 49 of 147 I I 1- I I I I I I 1.0 INTRODUCTION This Turf and Pest Management Plan (TPMP) has been prepared to identify turf and pesticide management practices for the proposed Carlsbad Municipal Golf Course and to satisfy a portion of the permit processing requirements of the California Coastal Commission. The City of Carlsbad recognizes the importance of sound environmental stewardship, and is committed to optimizing its golf course management practices to protect the environment within, and surrounding, the golf course. This includes minimizing the use of fertilizers, irrigation, and pesticides to the extent practicable. This TPMP is based upon an Integrated Pest Management (1PM) strategy. An IPM program is a multidisciplinary, ecologically-based pest management system that uses all available methods to keep pests at acceptable levels while minimizing the effect on people, the environment, and the turf. IPM uses systematic, disciphned, and documented cultura] practices as a first line of defense for pest control. Examp]es of cultural methods to control pests include optimizing turf health tlrrough turf management practices ( e.g., mowing, fertilization, irrigation, aeration, and thatch management) to enhance natural plant resistance to pest infestation, optimizing habitats for beneficial species, and minimizing turf damage from routine golf course operations. On occasion, when cultural practices are not fully effective at controlling pests, and defined pest damage thresholds have been exceeded, the use of pesticides to manage pest damage may be required. The following document defines the proposed ~rfgrass, non-turfgrass, and aquatic management areas of the golf course; cultural practices, pests of concern, pest monitoring strategy, pest damage tlrreshold levels that when exceeded require action; and the proper action to be taken under these circumstances. The Carlsbad Municipal Golf Course Superintendent (Superintendent) is a primary factor in the success of the implementation of this plan. The Superintendent assumes responsibility for managing and maintaining golf course property, including the golf course. The TPMP will identify the overall turf and pest management philosophy to be implemented at the golf course, while stiJI allowing for the professional judgment of the Superintendent. -···-------------- City of Carlsbad Municipal Golf Course 1 Turf and Pest Management Plan January 9, 2018 Item #10 Page 65 of 147 I I I I I I I I I I • • • • • Encourage composting onsite (See Section 7.0) . Identify pests likely to be encountered (See Section 8.0) . Establish threshold levels for each pest, which, when exceeded, triggers corrective action (See Section 9.0). Scout and mon1tor for the presence of pests (See Section IO.I) . Implement sequential corrective action when pest threshold levels have been exceeded. The first course of action wj]l be to adjust maintenance practices. Second, biologfral controls will be used where applicable. In the event that these two measures do not correct the problem, minimum amounts of selective chemical agents may be applied in a highly-targeted fashion (See Sections 10 and 11 ). • Document all scouting and monitoring observations, treatments, and treatment results (See Section 10.1 and 11.10). 4.0 AREA DEFINITION The proposed Carlsbad Municipal GoJf Course is an 18-hole championship golf course in the northwestern quadrant of the City of Carlsbad. Palomar Airport Road forms the southern boundary of the site, Hidden Valley Road forms the western boundary, and the soutl1em edge of Faraday Avenue forms the northern boundary. In addition to the golf course, the property includes a clubhouse, maintenance facility, driving range, conference center, and pads for industrial/golf related uses. The golf course wi11 incorporate natural features of the landscape into the golf course design. From the outset, the golf course was designed to minimize impacts to the sensitive resources on the project site. The golf course includes both managed and non-managed areas, incJuding turf grass and non-turf grass areas, which are described below. City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 3 January 9, 2018 Item #10 Page 67 of 147 ~ ~ I I I I I I I I I i 4.1 Turf grass Areas Turf grass areas include the putting greens, the tees, the fairways, and the playable rough. Bentgrass will be used for the puttlng greens. Bermudagrass will be used for the teeing areas, fairways, and some portions of the playable rough. Fescue will also be used in the playable rough. Table 1 summarizes the turfgrass areas and the generalized maintenance requirements for each area. Additionally, dctalled turfgrass management practices are discussed jn Section 5.0. Table 1 Turf grass Area Definitions and Maintenance Requirements Arca Fertilizer Irrigation Mowing Cultural Requirements Requirements Frequency Frequency Greens Medium Medium High Tee Surface Medium Medium Medium Fairway Low Medium Medium Playable Rough OJ NIA NIA Very low -Nonplayable NIA NIA NIA Roughm -~ -· . ' . . Note: (1) Mllllmal fert1hzat10n or ungatwn will occur m the playable rough . (2) No maintenance will occur within the nonplayable rough. 4.2 Non-Turf grass Areas mm Medium Medium Very low Very]ow .. Non-turf grass areas consist of bunkers, aquatic areas, buffer zones, and natural areas. 4.2.1 Bunkers Faiiway and green-side bunkers will be located throughout the course. Bunker sand is maintained at a depth of 4 to 6 inches. Bunker management consists primari]y of raking and smoothing the sand contained in the bunkers, cleaning, and hand weeding. Occasional trimming of the bunker edge with a mechanical edger is required to maintain the original edge of the bunker. No chemicals will be applied to the sand bunkers. 4.2.2 Aquatic Areas Proposed aquatic areas at the go]f course incJude three man-made water features (ponds) and wetland mitigation areas. City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 4 January 9, 2018 Item #10 Page 68 of 147 I·· I I I I I I I I I I I I of Carlsbad, and will be supervised by a biologist. Otherwise, golf course staff will not conduct maintenance in the riparian areas. ___ ,(i: (~ 4.2.3 Riparian Buffer Zones A native buffer will be created along the perimeter of the stream course. The objective of the buffer is to provide a transition from the nonnative species mix used on the fairways to the golf rough. This transition wilJ reduce the potential of encroachment of species from the manicured golf course to the adjacent riparian habitat. The buffer includes two separate planting mixes: playable rough and nonplayable rough. Playable Rough The playable rough wi11 contain an open vegetation type, predominantly native grass species. Table 2 summarizes the proposed species for the playable rough native riparian buffer_ This area has been designed to capture the first flush rnnoff of 0.5 inches. The playable rough buffer adjacent to the riparian habitat will not be irrigated or managed through supplemental application of fertilizer. Periodic mowing wil1 occur within this area. Nonplayable R ough A 50-foot buffer has been established from the edge of the playable course (play~ble rough) to the edge of the proposed wetland mitigation site. This area is defined as the nonplayable rough, and wiJJ be planted with a mix of native species. The nonplayable rough wi11 support more dense vegetation and be generally less than 3 feet in height. This area has a]so been designed to capture the first-flush runoff of 0.5 inch. Physical barriers (split-rail fence, «poison oak" signage, and "rattlesnake" signage) will be used lo discourage ingress into the sensitive resource areas. Barrier plantings (including California rose and California blackberry) wi11 be used in the buffer to further reinforce the out-of-bound areas. Table 3 presents a list of species to be in the nonplayable rough native riparian buffer. Many of the species a1ready exist on the project site. Periodic removal of exotic species may occur within the nouplayable rough as part of the mitigation plan. . This removal of exotic species would be coordinated by the City of City of Carlsbad Municipal Golf Course Tu,f and Pest Management Plan 6 January 9, 2018 Item #10 Page 70 of 147 ' ' J ~ ~ ~ I I I I I Mowing height for the tees will typica11y be 0.25 to 0.5 inches (5/16 to 5/8 inch). Grass clippings wi11 be removed from the surface. Bennudagrass will also be used in the faiiways. Mowing will occur three to five times per week and will consist of a multidirectional mowing pattern. Mowing heights for the fainvays wil1 typica11y be 0.44 to 0.63 inches (7/16 to 5/8 inches). Grass clippings wi11 be returned to the surface. Bennudagrass and a fescue mix will be used for the primary rough. In these areas, mowing will occur one to t\vo times per week. For those areas where the primary rough is near sensitive riparian habitats, a mix of native grasses, as noted in Table 2, will be used. Mowing heights for the primary rough will be 1.5 to 4.0 inches. Grass clippings from the primary rough will be returned to the fairway surface. 5.2 FertiJization TI1e objective of the fertilizer program is to provide optimal nutrient availability to the turf while simu]taneously avoiding the application of excess nutrients to avoid weed infestation, disease development, and nutrient runof£/1eaching. Accordingly, this plan emphasizes a balance between optimizing turf vigor and preventing nutrient runof£'1eaching. The use of natural based fertilizers will be emphasized in this program. The Superintendent wiJI use slow-release, nahrral based fertilizers to the extent practicable 5.2.1 Soilffissue Nutrient Testing Testing for nutrient composition provides valuable infonnation that al1ows for the development of a strategic fertilization plan and provides insight into the effects of existing cultural practices. Tissue nutrient testing provides information relative to nutrient uptake and plant-available nutrients. At the discretion of the Superintendent, soil/tissue testing will be performed on select areas of the golf course to baseline information for the development of fertilization programs. The following procedures, which have been identified by the North Carolina State University Turf grass Environmental Research and Education Center shall be foJJowcd for soil sampling: • Wait a minimum of 3 to 4 weeks after the last fertilization before sampling. • Be sure to submit a sample for analysis that truly represents the area. City of Carlsbad Municipal Golf Course Twf and Pest Management Plan 9 January 9, 2018 Item #10 Page 73 of 147 J I I I I 1- I I • • • Ensure the equipment used to take the sample is clean and free of contaminants, and clean the equipment between samples. Sample at a uniform depth -2 inches for greens and tees . Take 15 to 20 soi] cores from each area being tested, using a one inch diameter soil probe and thoroughly mix them in a plastic container of paper bag. Do not use a metal bucket, which may affect results. 5.2.2 Turf grass Nutrient Requirements The major nutrients for turfgrass health arc nitrogen, phosphorus, and potassium (NPK). Minor nutrients include calcium, sulfur, iron, boron, copper, manganese, magnesium, and zinc. Healthy turf is more capable of resisting weeds and requires less application of herbicides. The availability of nutrients of tmfgrass is influenced by the pH of the soil. Therefore, the maintenance of the appropriate pH is an important component of the fertilization program. Nitrogen The management of nitrogen levels is critical due to the high turf demand for this nutrient and the potential for excess nitrogen to enter into surface water. As a result, the amount of nitrogen applied to turf grass will be the minimum amount necessary to promote turf vigor. In genera], nitrogen rates and formulations will be detennined based on turf conditions, soil/tissue test results, season, weather, and other information. Turf and climate conditions can also influence the rate of application. Phosphorus Turf requirements for phosphorus are relatively low, and phosphorus is relatively immobile in soil. As a result, app1ica6on rates tend to be correspondingly low. This minimizes the possibility of Jeach:ing or storm water runoff carrying residua] phosphorus runoff. City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 10 January 9, 2018 Item #10 Page 74 of 147 I I ' I ' ' ' J ' ' ' ' I Potassium Turf requirements for potassium are intermediate to high in relation to nitrogen and phosphorus levels. Although applied to maximize efficiency of uptake, potassium does not pose the same extent of environmental risk as nitrogen or potassium. Proper levels of potassium are an important component of plant disease resistance and contribute to the abiJity of turf to withstand wear and traffic. Minor Nutrients In general, turfgrass requirements for the minor nutrients--calcium, sulfur, iron, boron, copper, manganese, magnesium, and zinc--are substantially Jower than those for nitrogen, phosphorus, and potassium. Minor nutrients are essential for optimal turf perfonnance, and are t)'])ically available in the soil in sufficient quantities to support health turf. However, when turf conditions or soil/tissue testing results indicate deficiencies, these nutrients may be applied at the discretion of the Superintendent. pH Maintenance of the proper soil pH is essential in optimizing the availability of nutrients, and is also important in minimizing overall turfgrass stress. When the soil pH requires adjustment to a more alkaline pH, lime will be added until the targeted pH is obtained. When soil requires adjustment to a more acidic pH, ammonium sulfate wilJ be added until the targeted pH is obtained_ 5.2.3 :Fertilizer Treatment Areas The rate and frequency of fertilizer application is dependent upon the area of the course. Fertilizer application is most frequent on greens and tees, with less frequent application made to fairways. Minimal fertilizer will be applied to the playable rough under this plan. No fertilizer will be used on the nonplayable rough. 5.2.4 Fertilizer Application Fertibzer application equipment will be caljbrated prior to use to ensure the proper rate of application. Fertilizer will not be applied if heavy rain is forecast following the potential application event. Quickly-available sources will not be applied before irrigation. City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 11 January 9, 2018 Item #10 Page 75 of 147 ' ' ' ' ' ' ' ' ' ' incorporate the use of the California hrigation Management Information System (CIMIS). Turf grass will be irrigated to a depth just below the root zone. In the event that rnnoff is observed on the course, the irrigation system wi11 be shut off until the water has soaked into the soil. Sloped areas, compacted soils, and sandy soils wil1 need to be inigated in short, frequent intervals. 5.4 Aeration Aeration is the practice of removing soil cores from turf and is perfom1ed to reduce turf compaction. This practice enhances the movement of air, water, an<l nutrients in the soil and is a useful technique to manage thatch ]ayers. Aeration will occur primarily on the greens, and to a lesser extent on the tee surfaces. Aeration will occur at the discretion of the Superintendent, and is typically performed during periods of active turf growth. 5.5 Thatch Management Thatch is a layer of organic debris and the roots, crowns, and stems of grass that exist between the soil and the turf canopy. In the absence of cultural management, this layer between the soil and turf canopy becomes thicker over time. Management of thatch is particularly important on greens and consists primarily of aeration and topdressing practices. Thatch management practices can include holiow core aeration, solid core aeration, vertical mowing, and verticutting. 5.6 Topdressing Topdressing application typically occurs following aeration. The practice of topdressing consists of the apphcation of a Jayer of sand to greens and is used to assist in thatch layer management and to provide a smooth and firm pla)'lng surface. Fo11owing the application of sand, the sand is lightly brushed into the turf surface. City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 14 January 9, 2018 Item #10 Page 78 of 147 r I f I ! ~ I ' ' ~ I I I I I i I I ~-------·-------- 6.4 Tree Maintenance Trees wi1I be routinely monitored for overal] health, influence on playjng characteristics, the presence of insects and diseases, influence on surrounding turf and native plantings, and hazard potential. In general, insect and disease pests are tolerated. Established trees do not require supplemental watering, except in sjtuations of extreme drought. 6.5 Tree Removal Factors that will determine if a tree is a candidate for removal ( e.g., disease, age, hazard) will be evaluated by the Superintendent in consultation with a certified arborist. Upon determination that tree removal is necessary, every effort should be made to remove the trees during the non nesting season, as these trees may act as a nesting habitat for migratory birds. In the event that the removal must occur within the breeding season for migratory birds or rap tors (January 15 ~ August 31 ), a migratory bird survey shall be performed by a qualified biologist. If nests are found within the tree proposed for removal, the removal must be postponed until the nest is abandoned. 7.0 COMJ>OSTING/ORGANIC MATERIAL MANAGEMENT Where appropriate, grass clippings and/or aeration cores will be spread onsite as mulch. Materials will be spread out in a thin layer to prevent damage to the underlying plants and wj}J not be applied in the riparian buffer zones. 8.0 PEST POPULATION DEFINITION Based upon information from the University of California Statewide Integrated Pest Management Program, a summary of potential fungal diseases, weeds, insects, and vertebrates that may impact the tu:rfgrass at the Carlsbad Municipal Golf Comse are summarized in Table 4. 9.0 PEST THRESHOLD LEVEL The damage thrcs1wld level for fungal diseases, weeds, and insects are shown in Table 5. Damage threshold level is defined as the number of pests detected within a specific area City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 16 January 9, 2018 Item #10 Page 80 of 147 ' ' ' ' I I ' I '· I I I I that may lead to corrective action to reduce the density of the specific pest below the damage threshold level. 10.0 PEST MONITORING AND PEST CONTROL 10.1 Scouting Scouting is the regular monitoring of all turf areas on a programmed basis. Regular monitoring provides an excelJent record of pest population and their resulting damage, which can be used for future planning and program development. Table 4 Summary of Potential Pests ..... Cate~orv Fungal Disease Weeds and Sedges Insects ·- Vertebrates City of Carlsbad Municipal Golf Course Turf and Pest Management Plan ---,---,..-.-... ~ Pest DoJlar Spot Fairy Ring Fusarium Bhght Leaf Snot Pythium Blight R.hizoctonia Blight Sprine: Dead Soot Summer Patch California burclover Black medic Common knotweed Spurges White dover Creeping woodsorre] Dandelion English daisy Buckhorn eJantains Brnadleaf olantains Green kyllinga Nutsedge Annyworms/Cutworms Black turf grass Lawn moths/Sod Webworms Southern Chinch Bug White ,grubs May and June beetles Moles Pocket Gophers 17 January 9, 2018 Item #10 Page 81 of 147 ' ' ' ' ' ' ' I I I I The goal is early observation of a turfgrass abnormality and/or change. All golf course maintenance staff will be trained in the golf course IPM to monitor for evidence of pest infestation. The intensity and frequency of monitoring will be adjusted based on the likelihood or presence of pest infestation or in sihiational/site specific instances. The greens and tees will require the most monitoring, with the fairway and rough areas monitored less frequent. All monitoring observations of potential pest infestations shall be recorded and reported directly to the Superintendent. Monitoring sununaries wi11 incJude, at a minimum, the fo1Iowing infonnation: • Monitoring date • W cathcr condition • Soil temperatures • General comments on the turf's overall condition • Reporting shall include both normal and abnormal turf grass observations . Table 5 Pest Damage Thresholds .. Pest Greens Tees :Fungal Diseases 2% affected 10% affected Weeds l/1,000 ft2 1-s11,ooo fe Armyworms/ Cutworms 5 larvae/ tt2 5 larvae/ ft2 Black turf grass Over 7 5 larvae/ Over 75 tt2 larvae/ ft2 Lawn Moth/ Sod 5 larvae/ yard2 5 to 10 larvae/ W ebworms on stressed yard2 greens Southern Chinch Bug 135/ yard2 J 35/yard2 White grubs (immature I grub/ ft2 2-4 grubs/ f'i2 chafers and June beetles) Vertebrates Evidence of Evidence of mounding mounding or tunneling or tunneling Note: (l) No pesticides will be applied in the rough. City of Carlsbad Municipal Golf Course Turf and Pest Management Plan Fainvays Rou2h(t) 20-25% NIA affected 5-10/1000 ff NIA 5 larvae/ ft2 NIA Over 75 NIA larvae/ ft2 15 Jarvae/yard2 NIA 135/ yard2 N/A 4-6 grubs/ ft2 N/A Evidence of Evidence of mounding mounding or tunneling or tunneling 18 January 9, 2018 Item #10 Page 82 of 147 I I . I I I I I I I I I I f When turfgrass abnormalities are noted, the next step is to diagnose the spedfic cause, determine the threshold, and then· develop a pest control strategy. The pest control strategy consists of using cultural practJces as the first line of defense. Pest control strategy will be developed on a case-by-case basis with a11 potential control options given consideration, and an emphasis placed upon cultural practices. In some instances, when cultural practices have not achieved the desired results, and the long-term health of the turf is at stake, it will be appropriate to use chemical measures (pesticides). 1be decision to implement chemical pest control measures beyond cultural, biological, or mechanical practices wiU be based upon the review of relevant safety, scientific, economic, and environmental information. Based upon permitting requirements from the Ca]ifomia Coastal Commission (CCC), notification shal1 be provided to the Executive Director of the CCC prior to the use of pesticides strategies. Further details regarding this notification are provided in Section 11.3 of this document. 10.2 Fungal Disease Fungal diseases r epresents the most serious and consistent threat to turfgrass health, and is of concern primarily on the greens and tees. Greens and tees .win be inspected regularly for symptoms of fungal disease. The primary means of identifying fungal diseases will be diagnosis by the Superintendent. Soil samples will also be taken in affected areas, since, in some instances, symptoms consistent with fungal disease may have alternate causes (nutrient deficiency, insects). When uncertainty regarding potential fungal diseases is encountered, samples wiJl be sent to a plant pathology Jab for confirmation of the presence of fimgal pathogens. An important aspect of preventing the development of fungal disease is the optimization of turf vigor through routine cultural practices. Specific cultural practices will be used to minimize the potential for funga] diseases, which are described b elow. Several factors, including season, weather, and turf heaJth contribute to the detem1ination whether fungicide treatment may or may not be necessary. Fungicide treatment is only to be considered after aJI cultural practices have been exhausted, and the Jong-term health of the turf is at stake. Any application of fungicide will follow the procedures identified in Section 11 of this TPMP. -------------------------------------- City of Carlsbad Municipal Golf Course Tuif and Pest Management Plan 19 January 9, 2018 Item #10 Page 83 of 147 I I I I 1- 1 I I I A description of conditions favoring disease development, symptoms of disease, and specific cultural control for each type of fungal disease fo11ows. Additional information on these fungal diseases is available through the University of California Statewide Integrated Pest Management Program webpagc at http://ucipm.ucdavis.edu/. 10.2.1 Dollar Spot Disease Conditions: Moderate temperatures (60° to 80°F), excess moisture or water stress; fog; thatch; survives in soil as hard, dark structures. Most common during the spring and fa]l months. Disease Symptoms: Small, circular spots from 1-5 inches in diameter. Spots may merge to form large, irregular areas. Leaves appear watersoaked, then brown, often exhibiting a reddish band across the leaf; fine, white cobwebby threads may be seen in early morning Cultural Contrnls~ Turfgrass deficient in nitrogen tends to develop more dollar spot than turf grass adequately fertilized. Apply recommended amounts of nitrogen and maintain adequate air circulation. Keep thatch to a minimum. Irrigate based on evapotranspiration needs of the turfgrass to a depth of 4 to 6 inches, but avoid creating drought stress by extending the interval between irrigations too Jong. Raise the mowing heights as much as possible. A void prolonged leaf wetness by irrigating in the morning or early afternoon rather than later in the day. Adding composted top dressings has been shown to reduce the incidence and severity of dollar spot, aJlowing a reduction in the frequency and/or application rates of fungicides. 10.2.2 Fairy lling Disease Conditions: Soils high in thatch or undecomposed organic matter containing lignin. Disease Symptoms: Dark green band of turf develops in a circle ( 4 inches up to 30 ft) or semicircle in moist turf; mushrooms may or may not be present; an area of brown, dying grass may occur just behind the dark green band; a second ring of dying grass may appear inside the circJe; weeds commonly invade. CuJturaJ Controls: To avoid or reduce symptoms, apply adequate nitrogen and water. Symptoms of superficial rings can be masked by nitrogen applications. If fairy rings are present, aeration followed by heavy watering for several weeks may help reduce City of Carlsbad Municipal Golf Course Twf and Pest Management Plan 20 January 9, 2018 Item #10 Page 84 of 147 I I I I I I I symptoms; soil wetting agents may improve water penetration. Proper thatch management and regular dethatching can contribute to a reduction in the disease. Fairy ring can be eliminated by removing the turf and root zone with the soil containing the whjte, cottony, mycelia] mass. If fairy ring symptoms consist only of mushrooms and there is no zone of dark green grass, the mushrooms can be raked off and disposed. While this will not weaken or controJ the fungus, it will improve the turfs appearance. 10.2.3 Fusarium Blight Disease Conditions: Dayiirne temperatures of 85° to 95°F; drought-stressed areas in full sun; survives in thatch and grass residues. Disease Symptoms: Small, circular, grayish green areas, ranging from a few inches up to a foot in diameter; some plants in center may survive, giving a frog-eye appearance; the crown or basal area of dead stems has a reddish rot and is hard and tough; dead foliage appears bleached. Cultural Controls: Water appropriate length of time; do not apply more than 1 lb nitrogen/ 1,000 sq ft/application or more than 6 lb annually; mow at highest recommended height; verticut if more than 1/2-inch thatch. 10.2.4 Leaf Spot Disease Conditions: Wann temperatures (70° to 90°F), high humidity, and closely clipped turf grass; most severe with high nitrogen fertilization. Disease Symptoms: Circular to elongated brownish spots with brown centers and dark brown or purple borders on leaf blades, sheaths, and stems; crowns and roots frequently have a dark brown rot; crown-infected pJants may die in hot, windy weather, leaving thinned areas throughout the turf; spores are windborne. Cultural Controls: Reduce shade and improve soil aeration and water drainage. Avoid dry spots, overfertilizing with nitrogen, and maintain as high a cutting he:ight as possible. A void prolonged leaf wetness by irrigating in pre-dawn, or early morning hours. If possible, increase air movement. City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 21 January 9, 2018 Item #10 Page 85 of 147 I I I I I ' I I I 10.2.5 Pythium Blight Disease Conditions: Low spots that remain wet; temperatures in the 80° to 95°F range. Disease Symptoms: Smal1, circular spots (2-6 inches) that run together; blackened leaf blades rapidly wither, turn reddish brown, lie flat, stick together, and appear greasy; roots may be brown; under humid conditions, masses of fungal mycelium may appear; survives as spores in soil for long periods. Cultural Controls: Avoid ovcrwatering; irrigate only when needed to a depth of 4 to 6 inches. Avoid mowing wet grass or applying high levels of nitrogen during hot, humid weather. Reduce shading and improve soil aeration and water drainage. Time cstablislunent of new turf from seed or overseeding for periods when environmental conditions are not favorable for the development of this disease. 10.2.6 Rhizoctouia Blight Disease Conditions: excess thatch and mat along with high temperatures (80° to 95°F); high humidity; soft, lush growth due to excessive nitrogen; most common m warm, inland areas. Disease Symptoms: First appears as smal1, irregular brown patches or rings that may enlarge to many feet in diameter; centers may recover resulting in rings of diseased grass; leaves and sheaths become watersoaked, wilt, tum light brown, and die; in light infestations, roots usually not infected and plants often recover; soil-inhabiting fungus that forms fine, fungal threads in soil or on turf grass. Cultural Controls: Cultural practices that improve water and fertility management are useful in preventing the development of rhizoctonia blight. Reduce shading and improve soil aeration and water drainage. Irrigate in the pre~dawn or early morning hours to promote leaf drying. Irrigate only when needed to a depth of 4 to 6 inches. Remove dew from leaves by poling or light irrigation. A void nitrogen fertilization that results in a soft foliage growth. Maintain thatch at less than 0.5 inch. City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 22 January 9, 2018 Item #10 Page 86 of 147 I I I I I I -------· -------·---- Disease Symptoms; Circular yellow or tan areas of dead and dying plants up to 1 ft jn diameter; may have green, apparently healthy plants in center; roots, crowns, stolons have dark brown fungal hyphae on them; vascular discoloration and cortical rot occur in ]ater stages. Cultural Controls: Promote root growth by soil aeration and slow-release nitrogen. Improve drainage, reduce compaction and mechanical damage or traffic, control thatch, and avoid drought stress. Irrigate based on evapotranspiration needs of turf grass. Do not set mowing height lower than necessary. Lightly water (syringe) turf during periods of hot weather to reduce heat stress. 10.3 Weeds Broadleaf weeds that are potential pests and that require monitoring and contro] by golf course personnel are identified in Table 4. A description of conditions favoring weed development, symptoms of weed infestation, and sp·ecific cultural control for each type of weed follows. Additional information on these weeds is available through the University of California Statewide Integrated Pest Management Program webpage at http://ucipm.ucdavis.edu/. 10.3.1 CaJifornia burclover Weed Conditions: Low nitrogen fertility. Weed Symptoms: Summer annual weed. Stems are up to 2 feet (60 cm) long and tend to trail along the ground, but may grow upright. The trifoliate leaves resemble those of clover and usually have reddish-tinged midveins. Smal], bright yellow flowers form :in clusters at the end of stems. Later leaves have the characteristic clover like shape. Cultural Controls: Fertilize with nitrogen. 10.3.2 Black medic Weed Conditions= Low nitrogen fertility. Weed Symptoms; Member of the clover family. Low-growing annual but sometimes behaves as a perennial. Stems are hairy and branch at the base; branches are prostrate City of Carlsbad Munidpal Golf Course Turf and Pest Management Plan 24 January 9, 2018 Item #10 Page 88 of 147 I I I I I I I I and spreading. Seed leaves are oblong. The first true leaf is simple and rounded. Subsequent leaves are compound and have 3 egg-shaped leaflets with somewhat toothed margins. Flowers are small and yellow and are arranged in short, spherical heads. Cultural Controls: Fertilize with nitrogen. 10.3.3 Knotweed Weed Conditions: Compacted soil. Weed Symptoms: Summer annual weed which can thrive even on poor and compacted soil The seed leaves are long, very narrow, rounded at the tip and light green with a white cast. The true leaves are much broader, emerging from an encircling, membranous sheath at the ]eaf base. The mature plmit grows prostrate to erect with slender, tough stems, which arc extensively branched, giving it a zigzag appearance. The tlny, green flowers with white or pink margins sit in clusters of 2 to 5 on short stalks in leaf axils. Cultural Controls: Aerate. 10.3.4 Spurges Weed Conditions; Closely mowed turf grass with open areas; low nitrogen fertility. Weed Symptoms: Low-growing summer annual plant that often forms a dense mat. The oval seed leaves are bluish green, powdery, or mealy on the upper surface and have a reddish tinge underneath. Leaves on mature plants grow oppositely on short stalks. The leaves are marked with a characteristic dark, reddish spot found midway down the center of the leaf vein. When broken, a milky, sticky sap oozes from the stem. Flowers are small, pink, and inconspicuous_ They are formed in smaJl clusters between the stem and the upper ]eaves. Cultural Controls: Check mowing height, remove plants before they spread. City of Carlsbad Municipal Golf Course Turf and Pe_,t Management Plan 25 January 9, 2018 Item #10 Page 89 of 147 I I · I I I I I 10.3.5 White Clover Weed Conditions: Low nitrogen fertility. Weed Symptoms: Creeping perem1ial plant that can be a problem when it invades orchards, vineyards, and other agricultural crops, as well as Jawns and planting beds. The leaf consists of three leaflets that are 1/4 to 1/2 inch (0.6 -1.2 cm) long_ Each leaflet may have a whitish circular band within the center. The flowers form a ball-shaped cJuster. Cultural Controls: Fertilize with nitrogen. 10.3.6 Creeping woodsorrel Weed Conditions: Nearby sources of infestat1on. Weed Symptoms: Perennial that has alternate, compound leaves, each cons1stmg of three heart-shaped leaflets resembling clover. Attractive yellow flowers, borne singly or in small groups, are very characteristic. The mature plant has creeping stems emerging from a slender taproot. The sterns root at the nodes and invade larger areas. When seeds mature, pods open explosively, often spreading seeds 10 feet (300 cm) or more. Prefers shady situations. Cultural Controls: Remove plants before they spread. 10.3.7 Dandelion ·weed Conditions: Poor]y maintained thjn areas near sources of infestation. Weed Symptoms: Widely distributed perennial. The mature plant arises from a strong, deep taproot that exudes a milky substance when cut. There is no visible stem. Leaves are sparsely hairy or without hairs, have deeply serrated margins, and are clustered in a rosette at the base of the plant. Dandelion can reproduce from seed almost year-round or it can regrow from its taproot. Bright yelJow flower heads, 1 to 2 inches (2.5 -5 cm) acros,s, consist of petal-like ray flowers and are borne singly on the tip of a ho11ow stalk, 3 to ·12 inches (7.5 -30 cm) long. Cultural Controls: Remove plants by hand; improve turf grass management practices. City of Carlsbad Municipal Golf Course Twf and Pest Management Plan 26 January 9, 2018 Item #10 Page 90 of 147 I ~ I I I I I t I I 10.3.8 English Daisy Weed Conditions: Moist turfgrass, mostly in cool coastal climates. Weed Symptoms: Low-growing perennial with oval basal leaves. Prominent upright flower stalks with showy white or pinkish daisyhke flowers are seen througbout the season CuJtural Controls: Keep turfgrass on dry side; improve turfgrass management practices. 10.3.9 Buckhorn plantains Weed Conditions: Overwatering, compacted soi], poorly maintained open turfgrass areas; shaded areas in warm climates. Weed Symptoms: Seedlings have very long, needle-like seed leaves. Broader, pale green, true leaves have prominent parallel veins. The mature plant, reaching up to 1.5 feet (45 cm) tall, is stemless. Leaves are 3 to 10 inches (8 -25 cm) long and cluster around the base of the plant. They taper to slender flowering stalks, 6 to 20 inches ( 15 - 50 cm) taII. The flowering stalks are tipped with flower spikes that have protruding white stamens. In apples, buckhorn plantain is a specia] problem because it serves as a host for rosy apple aphid. Cultural Controls; Reduce irrigation; aerate; improve turf grass management practices. 10.3.10 Broadleaf plantains Weed Conditions: Overwatering, poor drainage; sun and heat. Weed Symptoms: Perennial that grows 1n areas of inconsistent irrigation. Leaves are smooth and ova] and they narrow to a we11-defined reddish petio]e. Leaf blades are large, 3 to 6 inches (7.5 -15 cm) long, with prominent veins. Roots are fibrous and shallow. Flowers are produced on stalks, 3 to 6 inches (7 .5 -15 cm) in length. Cultural Contro]s: Reduce inigation. City of Carlsbad Municipal Golf Course Turf and Fest Management Plan 27 January 9, 2018 Item #10 Page 91 of 147 ' ' ' I ' I ' ' ' ' ' i I J 10.3.11 Green kylJinga Weed Conditions: Overwatering, poor drainage~ sun and heat. Weed Symptoms: Perennial sedge with narrow, grass-like leaves. The plant grows best in moist or wet areas that receive full sun but it can survive some shade and drying once established. Mature plants may reach 15 inches (38.2 cm). Green. kyllinga flowers from May to October. Flower stalks are triangular in cross-section and produce a green, 3/8 inch (9.5 mm). A group of three leaves radiate out from the stalk. There are 30 to 75 spike]ets within each flower, each one capable of producing one seed. The plant1s flat, oval seeds are about 1/8 inch (3 mm) Jong and half as wide, germinating from spring through summer. Cu]tural Controls: Reduce irrigation. 10.3.12 Nutscdge Weed Conditions: Overwatering; poor drainage; sun and heat, nearby infestation. Weed Symptoms: Perennial that superficia1Iy resembles grasses. Grows mainly from tubers or "nutlets" formed on rhizomes, mostly in the upper foot of soil. Leaves are V- shaped in cross section and arranged in sets of three at the base. Stems are triangular in cross section. Tubers of yellow nutsedge are produced singly while purple nutsedge tubers are produced in chains, several on a single rhizome. Cultural Controls: Reduce irrigation; remove plants before they spread. 10.4 Insects Turfgrass areas are vulnerable to damage from insect infestations. Monitoring for insects will consist of routine visual inspection of susceptible areas on a regular basis. General turfgrass cultural practices leading to optimal turf vigor are the primary means of minimizing the potential for insect infestation. The best way to prevent damage from turfgrass pests is to keep the turfgrass healthy. Healthy turfgrass requires few, if any, insecticide treatments. Also, if the turf grass is under stress and a pesticide 1s applied, it stands a greater chance of suffering phytotoxic damage from the pesticide itself Insecticide treatment is only to be considered after an cultural practices have been City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 28 January 9, 2018 Item #10 Page 92 of 147 I I I I I I ' ' , , J exhausted, and the Jong-term health of the turf is at stake. Any application of insecticides will fol1ow the procedures identified in Section 11 of this TP:MP. · The detec6on of insects and mites on turf grass wiJl be conducted by mixing one to two · ounces of dishwashing liquid into one gatlon of water. The solution is then applied to one square yard of turf as evenly as possible with a sprinkling can. This will irritate the insects so that they move to the surface. A description of specific insect pests, symptoms of infestation, and corresponding control measures foJiows. Additional information on these insects is available through the University of California Statewide Integrated Pest Management Program webpage at http://ucipm.ucdavis.edu/. 10.4.1 Armyworms/Cutworms (Pseudaletia unipuncta, Peridroma saucia, Agrotis spp) Insect Host: AU grasses. Damage Appearance: Leaves and base of leaves chewed and cut beginning in small, irregular spots that can spread to patches extending many feet in width. Cultura) Controls: Reduce thatch; eliminate soggy areas; overseed lawn. 10.4.2 B1ack turf grass (Ataenius spretulus) Insect Host: annual bluegrass, bentgrass, ryegrass, Kentucky bluegrass. Damage Appearance: Brown, dying grass, few roots; lawn is easily peeled off soil. Cultural Controls: Increase mowing height; aerate to improve root growth. 10.4.3 Lawn moth/Sod webworms (Cram bus sperryellus, Tehama bonifatella) Insect Host: AU grasses, especially bentgrass, bluegrass, clovers. Damage Appearance: LaW11 brown; leaves chewed or missing. City of Carlsbad Municipal Golf Course Turf and P est Management Plan 29 January 9, 2018 Item #10 Page 93 of 147 I I I I I I r Cultural Contro]s: Reduce thatch; inigate and fertilize appropriately. 10.4.4 Southern Cbincb Bug (Blissus insularis) Insect Host: primarily St. Augustinegrass and other grasses. Damage Appearance: irregular patches of lawn turn yellowish, then bro\VJl and begin dyjng during hot weather. Cultural Controls: Reduce thatch; reduce nitrogen fertilization; irrigate adequately. 10.4.5 White grubs -immatures of masked chafers (Cyclocephala spp.) Insect Host: AlJ grasses, especially bluegrass, ryegrass. Damage Appearance: Brown dyjng grass; lawn can be rolled up if heavily infested. Cultural Controls: Inigate and fertilize appropriately. 10.5 Vertebrates Damage to turfgrass caused by small animals occurs much Jess frequently than damage caused by diseases and insects. However, when damage does occur, it is tends to be very severe. Damage symptoms -include mounding of soil, burrows, and raised tunnels. A description identifying the vertebrate, typical damage appearance, and control measures is provided below. Additional information on these vertebrates is available through the University of California Statewide Integrated Pest Management Program webpage at http://ucipm.ucdavis.edu/. 10.5.1 Moles Identification: Moles have cylindrical bodies with slender, pointed snouts, and short, bare, or sparsely haired tails. Their limbs are short and spadelikc. Their eyes are poorly developed and their ears are not visible. The fur is short, dense, and velvety. Moles have one Jitter of three or four young during early spring. City of Carlsbad Municipal Golf Course Tuif and Pest Management Plan 30 January 9, 2018 Item #10 Page 94 of 147 I I I I I I I I I I Damage Appearance: Mounds and surface rnnways are obvious indicators of the presence of moles. The mounds are formed when moles push soil up to the surface from underground runways. The excavated soil may be in small chunks, and single mounds ofien appear in a line over the runway connecting them. Surface feeding burrows appear as ridges that the mole pushes up by forcing its way through the soil. Some of the surface runways are temporary. More pennanent tunnels are deeper underground and are usually about 2 inches in diameter and 8 to 12 inches below the surface. Moles are active tlrroughout the year, although surface activity slows or is absent during periods of extreme cold, heat, or drought. Contro] Measure: Upon sighting of active mounds or surface runways, appropriate control actions should be implemented. Trapping is the most universally applicable and dependable method of mole control. Traps are placed in the runway used by the mole. Because the mole's main diet consists of earthworms and insects, poisoning with baits is rarely effective. 10.5.2 Pocket Gophers Identification: Five species of pocket gophers are found in California, with Botta's pocket gopher (Thomomys bottae) being most widespread. Depending on the species, they may range in length from 6 to 10 inches. Although they are sometimes seen feeding at the edge of an open burrow, pushing dirt out of a burrow, or moving to a new area, · gophers for the most part remain underground in the burrow system. Damage Appearance: Mounds of fresh soil are the best sign of gopher presence. Mounds are formed as the gopher digs its tunnel and pushes the loose dirt to the surface. Typically mounds are crescent-or horseshoe-shaped when viewed from above. The ho]e, whjch is off to one side of the mound, is usua1Iy plugged. Mole mounds are sometimes mistaken for gopher mounds. Mole mounds, however, appear circular and have a plug in the middle that may not be distinct; in profile they arc volcano~shaped. Unlike gophers, moles commonly burrow just beneath the surface, leaving a raised ridge to mark their path. Control Measure: Upon sighting of active mounds or surface runways, appropriate control actions should be implemented. Trapping is a safe and effective method to control pocket gophers. Several types and brands of gopher traps are available. Successful City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 31 January 9, 2018 Item #10 Page 95 of 147 ' I. t ' ' ' ' ' I I I trapping depends on accurately locating the gopher1s main burrow through the use of a commerciaJly available gopher probe. 11.0 PESTICIDES l 1.1 Pesticide Definition A pesticide is any substance that is used to control pests, including insects (insecticide), weeds (herbicide), fungus (fungicide) nematodes (nematicide), and algae (algicide). The mechanism of action of most pesticides is to eliminate the pest by suppressing, weakening, or eradicating the target pest. 11.2 Pesticide Use Determination The primary strategy for pest management, as defined, is to optimize turf vigor through cultural practices to optimize turf resistance to, or tolerance of pests. In the event that cultural practices do not contain pest populations below damage thresholds, chemical control measures wi11 be employed as necessary. Pesticides applied to control pests will be selected by the Superintendent. The decision will be based upon the safety, efficacy, economic impact, toxicology, and environmental compatibility of the pesticide. Additionally, the use of low-leaching pesticides shall be emphasized. The University of California Statewide Integrated Pest Management Program web page suggests pesticides for the control of pests identified in this plan. The web page can be accessed at http://ucipm.ucdavid.edu/ The idea] pes ticide requires minimal application, is target-specific (is safe for non- targeted species), and is compatible with the enviromnent. While these properties are ideal, and are pursued by pesticide manufacturers, the degree of cross-toxicity and environmental compatibility in pesticides approved for use by the Environmental Protection Agency (EPA) varies. As a result, the use of pesticides wj}] be avoided to the extent practicable. In the event that pesticide application is necessary, they wrn be applied in a manner consistent with the manufacturer's product application label, and will follow the procedure identified in Sections 11.3 through 11.10. City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 32 January 9, 2018 Item #10 Page 96 of 147 I I f r I t i I I I I I I I 11.3 Notification Requirement Prior to the use of pesticides for management of onsite pests, written notice shall be provided to the Executive Director of tl1e California Coastal Commission. The notice - shall be transmitted via fax, and will indude, at minimum, the foliowing: • Description of pest problem and location; • Identification of the non-chemical strategies that were used; • Reason for the ineffectiveness of the non-chemical strategies used; and • Identification of the chemical strategies proposed. The notice shall be provided no less than 24 hours (Monday through Friday) before the proposed application of pesticides. 11.4 · Projected Pesticide Use The use of pesticides wiJI be considered after all other cultural practices have been exhausted, and the long-term health of the turf is at stake. It is anticipated that pesticjdes w1l1 be used at the golf course at some point. No pesticides will be applied to the playable or nonplayable rough. Table 6 summarizes the anticipated pesticide use for the Carlsbad Municipal Golf Course. The rates in Table 6 are based upon typical pesticide applications at courses that implement IPM. Table 6 Pesticide Application Areas and Typical Application Frequencies - Area % Total Area Pesticide Application Per Pesticide Category Of Golf Course Year Greens 3.7% 2-4 Fungicide Tee Surface 4.6% Spot treatment as needed Herbicide Fairway 46.6% 0-1 Herbicide/Fungicide 11.5 Pesticide Storage Pesticides shall be stored in a coo], dry, ventilated, secured building that is fireproof Weatherproof warning signs shall be hung on the door. Pesticides will be stored at least six inches off the ground on strong, non-absorbent shelving, with each product's Material Safety Data Sheet (MSDS) prominently displayed. The pesticides shal1 be organized into City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 33 January 9, 2018 Item #10 Page 97 of 147 I J l. l 1· r I I I I I I I I ' ' ' I I t I ! ' -------------~~ 11.9 Clean Up and Disposal Pesticide containers, m1xmg tanks, and equipment will be rinsed in accordance with recommended procedures and rinse water will be disposed of in accordance with state and local ordinances. 11.10 Pesticide Documentation Current pesticide labels and MSDS will be compiled and maintained in a location accessible to aJJ employees. Al1 pesticide documentation will be in accordance with federal and state regulations. AB pesticide purchases and usage will be documented in a pesticide Jog book as a means of monitoring inventory control. The Superintendent will develop a standard pesticide application information record that will detail, at minimum, the following information for each pesticide application: • Date of application and time of day. • Certified applicator's name and registration number (if applicable). • Name of the staff member applying the pesticide. • Specific turf/ornamenta] area where the pesticide was applied. • Target pest(s). • Application equipment used. • List of protective gear worn by applicator. • Pesticides used (common name, trade name, fonnulation, active ingredient). • Lot number of the material applied. • Name and address of the pesticide supplier. • Total amount of formulation added to the tank or hopper. • Amount of mixture used. • Size of the area or number treated (acres, trees, etc.). • Weather conditions (temperature, wind, speed and direction). • Description comments (location, severity of infestation). • EPA establishment and registration numbers. -~~~- City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 35 January 9, 2018 Item #10 Page 98 of 147 I I ' J I I I I I I I I I I I I I 12.0 REFERENCES Carlsbad Municipal Golf Course Final Environmental Impact Report. 1998. Prepared by Cotton/Be] and/ Associates. City of Carlsbad Revised Golf Course Riparian Mitigation Plan. 2003. Prepared by P&D Environmental. Greg Nash Design. Carlsbad Golf Course Acreage Take-Offs. April I, 2004. Michigan State University Pesticide Education. http://www.pested.msu.edu. Viewed on April 26, 2004 Monitoring for Improved Golf Course Pest Management Results. ( date unknown). James E. Skorulski. ·Prepared for the United States Golf Association. Neighborhood Network. Organic Golf Information Page. http://www.neighborhood-network.org/go1f/index.htm North Carolina State University Tuifgrass Environmental Research and Education Center. Publications. Water Quality for Golf Course Superintendents and Professional Turf Managers. http://www.turffiles.ncsu.edu/PUBS&1ANAGEMENT/PROTURF.PDF Webpage viewed April 22, 2004. Pacific Gales Golf Club Integrated Pest Management Plan. July 2003. Pollution Prevention Opportunities -Golf Course Turf lvfanagement. ( date unknovm) United States Air Force Go1f Course Environmental Management. Turf Management for Golf Course. 2002. J. Beard. Prentice-Hall, hlc. Upper Saddle River, NJ. University of California !PM Online-Statewide Integrated Pest Management Program. http://ucipm.ucdavis.edu/ Webpage viewed April20, 2004. City of Carlsbad Municipal Golf Course Turf and Pest Management Plan 36 January 9, 2018 Item #10 Page 99 of 147 Section I -Purpose The purpose of this Integrated Pest Management {1PM) plan is to direct health conscious and environmentally sensitive pest management strategies on city owned or controlled properties and public rights of way, in accordance with applicable federal, state and local regulations. Section II -Policy The city will focus on the prevention and suppression of pest issues with the least impact on human health, the environment, and non-target organisms. In particular, the use of chemical pesticides on city owned or operated properties and public rights of way will be significantly reduced, according to these guiding principles: A. Emphasize the initial use of organic pesticides. B. Limit the use of chemical pesticides where the general public congregates. C. Use EPA level pesticides in a targeted manner, and only if deemed necessary by supervisory staff -to protect public safety; to prevent a threat to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss -when pests cannot be managed by other tactics. Section Ill -Goals The goals of the 1PM plan are: A. Protect human health and the surrounding environment by implementing a range of preventative strategies, and using the least-toxic pesticides available for pest control and eradication. B. Monitor presence of pests on a routine basis to ensure the most effective (combination of) pest control tactics are being used. Reference Section VI. E. 6. C. Minimize the quantity of products used for pest management. D. Use species-specific products for pest management and carefully target application areas. E. Chemical pesticides shall only applied to: protect public safety; to prevent a threat to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss -when pests cannot be managed by other tactics. F. Provide public notification signs at perimeter of outdoor areas or at entrances of buildings, where chemical pesticides are to be applied. 2 January 9, 2018 Item #10 Page 101 of 147 Section VI -Pest Control Tactics Integrated Pest Management uses a variety of pest control tactics in a compatible manner that minimize adverse effects to human health and the environment. A combination of several control tactics is usually more effective in minimizing pest damage than any single control method. The type of control(s} selected will likely vary on a case-by-case basis due to differing site conditions. The primary pest control tactics to choose from include: • Cultural • Mechanical • Environmental/Physical • Biological • Pesticide A. Cultural Controls Cultural controls are modifications of normal plant care activities that reduce or prevent pests. Cultural control methods include adjusting the frequency and amount of irrigation, fertilization, and mowing height. For example, spider mite infestations are worse on water-stressed plants; over-fertilization may cause succulent growth which then encourages aphids; too low of a mowing height may thin turf and allow weeds to become established. B. Mechanical Controls Mechanical control tactics involve the use of manual labor and machinery to reduce or eliminate pest problems, such as handpicking, physical barriers, or machinery. Other examples include hoeing and applying mulch to control weeds, using trap boards for sna ils and slugs, and use of traps for gophers. C. Environmental/Physical Controls The use of environmental/physical controls such as altering temperature, light, and humidity, can be effective in controlling pests. Although in outdoor situations these tactics are difficult to use for most pests, they can be effective in controlling birds and mamma Is if their habitat can be modified such that they do not choose to live or roost in the area. Other examples include removing garbage in a timely manner, and using netting or wire to prevent birds from roosting. D. Biological Controls Biological control practices use living organisms to reduce pest populations. These organisms are often also referred to as beneficials, natural enemies or biocontrols. They act to keep pest populations low enough to prevent significant economic damage. Biocontrols include pathogens, parasites, predators, competitive species, and antagonistic organisms. Biocontrols can occur naturally or they can be purchased and released. 4 January 9, 2018 Item #10 Page 103 of 147 The most common organisms used for biological control in landscapes are predators, parasites, pathogens and herbivores. • Predators are organisms that eat their prey (e.g. Ladybugs) • Parasites spend part or all of their life cycle associated with their host. Common parasites lay their eggs in or on their host and then the eggs hatch, the larvae feed on the host, killing it (e.g. tiny stingless wasps for aphids and whiteflies) • Pathogens are microscopic organisms, such as bacteria, viruses, and fungi that cause diseases in pest insects, mites, nematodes, or weeds (e.g. Bacillus thuringiensis or BT) • Herbivores are insects or animals that feed on plants. These are effective for weed control. Biocontrols for weeds eat seeds, leaves, or tunnel into plant stems (e.g., goats and some seed and stem borers) In order to conserve naturally occurring biocontrols, broad-spectrum pesticides should not be used since the use of these types of pesticides may result in secondary pest outbreaks due to the mortality of natural enemies that may be keeping other pests under control E. Pesticide Controls As defined in California Food and Agriculture Code Section 12753, "Pesticide" includes any of the following: (a) any spray adjuvant; (b) any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth or for preventing, destroying, repelling or mitigating any pest ... which may infest or be detrimental to vegetation, man, animals, or house holds, or be present in any agricultural or nonagricultural environment whatsoever. The term pesticides includes organic products and chemical products. Insecticides, herbicides, fungicides and rodenticides are all pesticides. Pesticides may be used when other methods fail to provide adequate control of pests and before pest populations cause unacceptable damage. When pesticides are to be used, considerations will be made for how to apply them most effectively. Pesticides that are broad-spectrum and persistent shall be avoided, since they can cause more environmental damage and increase the likelihood of pesticide resistance. The overuse of pesticides can cause beneficial organisms to be killed and pest resistance to develop. In addition, considerations should be given to the proximity to water bodies, irrigation schedules, weather, etc., that may result in the pesticide being moved off-site, into the environment. l. Criteria for Selecting Treatment Strategies Once the 1PM decision making process is in place and monitoring indicates that pest treatment is needed, the choice of specific strategies can be made. Strategies will be chosen that are: a) Least hazardous to human health b) Least disruptive of natural controls in landscape situations c) Least toxic to non-target organisms other than natural controls d) Most likely to be permanent and prevent recurrence of the pest problem e) Easiest to ca rry out safely and effectively f) Most cost effective in the long term g) Appropriate to the site and maintenance system 5 January 9, 2018 Item #10 Page 104 of 147 2. Selection of Appropriate Pesticides The following criteria will be used when selecting a pesticide: a) Safety b} Species specificity c) Effectiveness d) Endurance e) Speed f) Repellency g) Cost When selecting pesticides, supervisory staff will rely on advisement from State of California certified pest control applicators, to ensure that the most appropriate pesticide is selected. 3. Prioritized Use of Pesticides Pesticides are to be utilized in a prioritized approach on city properties as follows: a) Organic pesticides to be used first, when pesticides are deemed necessary. b) Pesticides registered with the California Department of Pesticide Regulations Registrations Branch to be used as a protocol. c} U.S. Environmental Protection Agency {EPA) Toxicity Category Ill "Caution" label pesticides to be used in a targeted manner by a certified pest control applicator, and only if deemed necessary by supervisory staff-to protect public safety; to prevent threats to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss - when pests cannot be managed by other tactics. d) U.S. EPA Toxicity Category II "Warning'' label pesticides to be used in a targeted manner by a certified pest control applicator, and only if deemed necessary by supervisory staff-to protect public safety; to prevent threats to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss -when pests cannot be managed by other tactics. e} U.S. EPA Toxicity Category I "Danger" label pesticides, to be used in a targeted manner by a certified pest control applicator, and only if deemed necessary by supervisory staff -to protect public safety; to prevent threats to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss -when pests cannot be managed by other tactics. 4. Certification and Permitting Restricted use pesticides shall only be applied by, or under the direct supervision of, an individual with a State of California, Department of Pesticide Regulations, Qualified Applicators Certificate. Pesticides listed as "restricted" in the State of California shall be applied only under a restricted materials permit, issued by the San Diego County Department of Agriculture, Weights and Measures. The permit must be renewed annually for continued application. 6 January 9, 2018 Item #10 Page 105 of 147 5. Employee Training Staff and contractors must know the information on the chemical label and the MSDS before using or handling the chemical. In addition, they will be trained annually and when a new pesticide is to be used. The certified pest control applicators must know: • The immediate and long-term health hazards posed by chemicals to be used, the common symptoms of chemical poisoning, and the ways poisoning could occur; and • The safe work practices to be followed, including the appropriate protective clothing, equipment, mixing, transportation, storage, disposal and spill cleanup procedures applicable to the chemical used • In addition to the training and annual continuing education required for certification, staff will be encouraged to participate in pesticide application programs that are above and beyond minimum compliance requirements. 6. Record Keeping Monitoring the effectiveness of the 1PM plan over time requires diligent tracking of several items: pest populations and locations; management strategies employed; quantities and types of chemicals or other products used; and the outcome of pest management activities. The certified pest control applicator is responsible for maintaining, and submitting to the city as requested, records that include the following: a) Target pest b) Prevention and other non-chemical methods of control used c) Type and quantity of pesticide used d) Location of the pesticide application e} Date of pesticide application f) Na me of the pesticide applicator g) Application equipment used h) Summary of re sults 7. Materials for Use -Least Toxic Pesticides Pesticides are considered a secondary resort under the tenets of 1PM. This control strategy is to be used on city owned or controlled properties and rights of way after genera I preventative practices and non- chemical options-including organic pesticides -have been fully explored. Least-toxic pesticides meet the following criteria: a} Products contain no known, likely, or probable carcinogens -as listed by the CA Office of Environmental Health Hazard Assessment. b) Products contain no reproductive toxicants (CA Prop 65). c) Products contain no items listed by the CA Department of Toxic Substance Control as known, probable, or suspected endocrine disrupters d) Active ingredients have soil half-life of thirty days or Jess. e) Products are labeled as not toxic to fish, birds, bees, wildlife, or domestic animals. 7 January 9, 2018 Item #10 Page 106 of 147 The term "least toxic" refers to pesticides that have low or no acute or chronic toxicity to humans, affect a narrow range of species and are formulated to be applied in a manner that limits or eliminates exposure of humans and other non-target organisms. Examples of least toxic pesticides include products formulated as baits, pastes or gels that do not volatilize in the air and that utilize very small amounts of the active ingredient pesticide, and microbial pesticides formulated from fungi, bacteria or viruses that are toxic only to specific pest species but harmless to humans. Least toxic pesticides include: • Boric acid and disodium octobrate tetra hydrate • Silica gels • Diatomaceous earth • Nonvolatile insect and rodent baits in tamper resistant containers • Microbe based pesticides • Pesticides made with essential oils (not including synthetic pyrethroids) without toxic synergists • Materials for which the inert ingredients are nontoxic and disclosed. The term least toxic pesticides does not include a pesticide that is: a) Determined by the U.S. EPA to be a possible, probable or known carcinogen, mutagen, teratogen, reproductive toxin, developmental neurotoxin, endocrine disrupter or immune system toxin. b) A pesticide in the U.S. EPA's Toxicity Category I or IJ. c) Any application of the pesticide using a broadcast spray, dust, tenting, or fogging application. 8. Notification Signs Chemical pesticide application notification signs shall meet the following criteria: a) Posted at perimeter of outdoor areas or at building entrances, where chemical pesticides are to be applied. b) Posted at least 24 hours prior to application of chemical pesticides and shall remain for at least 72 hours after the application. c) Include "Notice-Pesticide Treated Area," and product's/manufacturer's name, scheduled date of application, and pest to be controlled -e.g., weeds, insects, rodents. 9. Revisions Staff will review this 1PM plan annually at minimum, and update it as needed. 8 January 9, 2018 Item #10 Page 107 of 147 EXHIBIT "D" LEGAL DESCRIPTION OF CITY OF CARLSBAD GOLF COURSE PROPERTY EXHIBIT D LOTS 50 THROUGH 76 INCLUSIVE OF CARLSBAD TRACT NO. 8146 UNIT NO. 3, ACCORDING TO MAP TIIEREOF NO. 11289, FILED IN 1llE OFFICE OF 11IE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 16, 1985, TOGETHER WlTII THAT PORTION OF CARRJER AVENUE, SWIFT PLACE, PALOMAR OAKS WAY, COLLEGE BOULEVARD AND OTIS COURT AS DEDICATED ON SAID MAP NO. 11289~ WIDCH UPON CWSINO WOULD REVERT TO BY OPERATION OF LAW TO SAID LOTS; ALSO THAT CERTAIN LOT DESIGNATED AS "REMAINDER PARCEL" ON SAID MAP 11289; ALSO, LOTS I THROUGH 26 OF CARLSBAD TRACT NO. 85-17, ACCORDING TO MAP TIIEREOF NO. 12903, FILED IN 11IE OFFICE OF TIIE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 13, 1991, TOGETHER WITH THAT PORTION OF COLLEGE BOULEVARD, ROCKEFELLER ROAD, CARNEGIE COURT, GEITY PLACE, HAMMER COURt PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD AS DEDICATED ON SAID MAP NO. 12903, WIDCH UPON CWSING WOULD REVERT BY OPERATION OF LAW TO SAID LOTS; ALSO, A PARCEL OF LAND BEING A PORTION OF LOT F AND A PORTION OF LOT G OF RANCHO AGUA HEDIONDA, ACCORDING TO PARTITION MAP THEREOF NO. 823 FILED IN TIIB OFFICE OF 11IE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT 9 OF SAID LOT F; THENCE N.0029'llltW. ALONG THE WESTERLY BOUNDARY OF SAID LOT F, 167.78 FEET TO A POINT ON THE ARC OF A NONTANGENT 58.00 FOOT RADIUS CURVE, CONCA VE WESTERLY, A RADIAL LINE TO SAID POINT BEARS S.55°03'22"E.; THENCE NORTHERLY ALONG TIIE ARC OF SAID CURVE TIIR.OUGH A CENTRAL ANGLE OF 70 51137", A DISTANCE OF 71.73 FEET TO SAID WESTERLY BOUNDARY; THENCE N.00 29'11 "W., 2092.42 FEET TO POINT 8 OF SAID LOT F; TIIBNCE N.06°47'51 "E .• 1219.60 FEET TO A POINT ON TIIB NORTIIERL Y LINE OF SAID LOT a DISTANT S.87°2324"E., 2025.08 FEET FROM POINT 6 OF SAID LOT F; TIIBNCE S.87°23'24"E. 2417.19 FEET TO 1HE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO HOW ARD G. KIRGIS, ET UX., RECORDED SEPTEMBER 24~ 1957 IN BOOK 6761, PAGE 197 OF OFFICIAL RECORDS; THENCE S.02°36'36"W., 740.00 FEET TO THE SOUfHWEST CORNER OF SAID KIROIS PROPERTY; THENCE S.87°23'24"E., 1378.84 FEET TO THE SOlfIHEAST CORNER OF SAID KIRGIS PROPERTY; THENCE S.10 58'35"E., 1394.10 FEET TO POINT 14 OF SAID LOT F; BEING THE MOST NORTHERLY CORNER OF LAND DESCRIBED W DEED TO S.L. KELLY, RECORDED FEBRUARY 3~1961, AS FILE NO. 202293 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID KELLY'S LAND S.S1°01'58"E., 1042.27 FEET; THENCE S.38°58'02"W., 288.57 FEET; THENCE N.51°01'58"W. 152.00 FEET. TIIENCE S.38°58'02"W. 152.00 FEET; 11:IBNCE N.51°01'58"W. 1089.27 FEET TO A POINT ON THE LOT LINE BETWEEN POINT 13 AND POINT 14 OF SAID LOT F; TIIENCE S.63°14'04"W. ALONG SAID LOT LJNE 564.30 FEET TO SAID POINT 13; January 9, 2018 Item #10 Page 108 of 147 THENCE S.40 42'08"W., 1584.44 FEET TO POINf 12 OF SAID WT F; TIIBNCE N.89°46'41""W.~ 646.96 FEET TO POINT 11 OF SAID LOT F; TIIENCE N.59°4T49"W., 1175.97 FEET TO POINT IO OF SAlD LOT F; TIIENCE S.70 54'2TW., 546.55 FEET TO TIIE POINT OF BEGINNING; EXCEPTING THEREFROM ALL TIIOSE PORTIONS DESCRIBED IN DOCUMENTS RECORDED SEP1EMBER IO~ 2001 AS INSTRUMENT NO. 01-0646854, 010646855, Ol-0646856 AND 01--0646857 OF OFFICIAL RECORDS; ALSO EXCEYl'ING THEREFROM mosE PORTIONS DESCRIBED lN PARCELS A AND C IN GRANT DEED RECORDED FEBRUARY 15, 2002 AS INSTRUMENT NO. 0135145 OF OFFICIAL RECORDS; ALSO THE SOUTHEASTERLY 152.00 FEET OF TIIB SOUIHWESTERL Y 152.00 FEET OF THAT CERTAIN PORTION OF LOT G OF RANCHO AGUA HEDIONDA, ACCORDING TO SAID PARTITION MAP IBEREOF NO. 823, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNlNG AT POINT 7 OF SAID LOT G WHICH POINT IS ALSO SHOWN AS POINT 14 OF LOT F ON SAID PARTITION MAP NO. 823; THENCE FROM SAID POINT OF BEGINNING, S.51°15J45~ .• ALONG TIIE NORTHEASTERLY LINE OF SAID WT G, 1042.27 FEET; THENCE AT RIGHT ANGLES S.37°44'15"W. 440.57 FEET; THENCE AT RIGIIT ANGLES N,52°15'45"W., 1240.75 FEET TO A POINT ON THE NORTIIWESTERL Y LINE OF SAID LOT G; TIIENCE N.62°00100"E. ALONG A PORTION OF TIIE NORTHWESTERLY LINE OF SAID WT G, 483.29 FEET TO THE POINT OF BEGINNING OF 'TIIE PROPERTY HEREIN DESCRIBED, ALL OF THE AFOREDESCRIBED LAND BEING IN TI-IE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. CONTAINING A TOTAL OF 396 ACRES MORE OR LESS. January 9, 2018 Item #10 Page 109 of 147 STREAMtsfD AL TERA TION AGREEMENT #5·122-00 1. The foJfowing provjsions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specfficatly agreed--to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. Proiect Location and Description: 2. The Operator proposes to alter the streambed of an unnamed tributary to Agua Hedionda Lagoon t~ accommodate the construction of a Municipal Golf Course which wilt include an 1a~hole championship golf course, clubhouse, maintenance facility. driving range, conference centart and pads for lndustrlaVgoff refated uses. The project is located approximately one mile to the east of Interstate 5. Palomar Airport Road fonns the southem boundary, Hidden Valley Road forms the western boundary, aod the southern edge of grading for the future extension of Faraday Avenue forms the northern boundary. The 396-acres project site is located in the northwestern quadrant of the City of Carlsbad, San Diego County, impacting 0.91 acres of streambed. · 3. The agreed work includes activities associated with No. 2 above. The project area is located in an unnamed ephemeral drainage. tributary to Agua Hedionda Lagoon. San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, inctuding an Environmental Impact Report~ and shalt be implemented as proposed unless directed differently by this agreement. 4. The Operator shall not impact more than 0.91 acres of streambed comprised of 0.46 acres mule fat scrub, and 0;45 acres of unvegetated channel. Impacts are considered pennanent and wm be mitigated at a 3:1 ratio for mule fat scrub and 1:1 ratio for unvegetated channel, for a mitigation acreage requirement of 1.83 acres. Mitigation: 5. As mitigation for the project, the Operator shaH restore through creation and enhancement, 1.83 acres of comparable wetland habitat on-site. The Operator shall submif a final Mitigation and Monitoring Plan within 60 days of signing this Streambed Alteration Agreement. Department approval of that plan Is required prior to project Initiation/impacts~ AU revegetation shall be instaJled no later than March 31. 2009. 6. The Operator shall mitigate at a minimum 5:1 ratio for impacts beyond those authorized in this Agreement. In the event that additional mitigation is required, the type of mitigation shall be detennined by the Department and may Include creation, restoration, enhancement and/or preservation. Vegetation, Revegetation and Restoratioa: 7. AU mitigation planting shall have a minimum 100% survival the first year and 80% survival thereafter and/or shall attain 75 % cover of native wetland species after 3 years and 90% cover of native wetland species after 5 years. Jf the survival and cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements for 5 years after planting. At the completion of the monitoring period, the mitigation site shall have received NO supplemental irrigation for a period of two consecutive years, nonnative plants shall not make up more than 5% of the Page 2 of 5 January 9, 2018 Item #10 Page 113 of 147 STREAMBED AL TERA TION AGREEMENT #5-122-00 20. Water containing mud, silt or other pollutants from aggregate washing or other activities shaU not be aHowed to enter a Jake or flowing stream or placed in locations that may be subjected to high storm flows. Pollution, Litter and Cleanup: 21. The Operator shall compty with all litter and pollution Jaws. All contractors, subcontractors and employees shalt also obey these laws and it shall be the responsibility of the operator to ensure compliance. 22. Spoil sites shall not be located within a stream, where spoil coufd be washed back into a stream, or where it could cover aquatic or riparian vegetation. 23. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could ba hazardous to aquatic life, resulting from project related activities, shall be prevented from · contaminating the soiJ and/or entering the waters of the state. These materiars, placed within or where they may enter a stream/lake. by Operator or any party working under contract. or with the pennission of the Operator, shaJI be removed immediately. 24. No debris, soil, silt, sand, banc, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shaU be· allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed. any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. · · 25. No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. Other: 26. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Coples of the Agreement shall be readUy available at work sites at all times during periods of active work . and must be presented to any Department personnel, or personnel from another agency upon demand • . 27. The Department reseives the right to enter the project site at anytime to ensure compliance with terms/conditions of this Agreement. 28. The Operator shall notify the Department, In writing, at least five (5) days prior to initiation of construction (project) activlUas and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 4949 Viewridge Avenue. San Diego, CA 92123 Attn: Tamara A. Spear 29. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wifdlife. The decision to proceed with the project is the sore responsibility of the Operator. and is not required by this agreement. It is further agreed all liability and/or Incurred cost related·to or arising out of the Operator's project and the fish and wildlife protective conditions of this agreement, remain the sole responsibility of the . Page 4 of 5 January 9, 2018 Item #10 Page 115 of 147 transfer of this authorization. 5. If a conditioned water quality certifi~tion has been issued for your project,, you must comply with the conditions specified in the cei;tification as $pedal conditions to this pemut. For your converrlence, a copy of the certification ~ attached if it contains such conditiom. 6. You must allow representatives fro~ this office to inspect the authorized activity at any time deemed necessary to ensure that it isi being or has been aCC001plished with the tenns and . ' conditions of your pemu.t Special Conditions: 1. the pemuttee shall obtain ,..~,. authorization under the Endangered Species Act fur any and ~u impacts to threatened or endangered species prior to .irutiating. wateis/wetlands impacts autlk,ri.zed by this IP. The pe.mtllfft shall submit verification of compliance with this permit condition prior to initiating waf:eis /wetlands impacts authorized by this IP. This a~thorization may be obtained by the following mea.t'IS: a) Adoption and appwval of the;City's Habitat Management Plan by the USFWS and CDFG. (the City would then~ their own take authorization), orb) Individual Section 10 pen:rdt issued by the USFWS. ::. 2. The permittee shall impact I\~.more than 2.95 aeres of waters of the United States (including wetlands and non-:wetland waters) .. The permittee shall .fence (with silt 'barriers) the limits of the c~tn.iction corridor to ptevent additional waters /wetlands impacts and the spread of silf from the construction zone into adjacent waters/wetlands. H waters/y,etlands hnpacts occur outside these limits, all work shall cease, and the Corps s~ be notified immediately. Any waters/wetlands impacts that occur outside ~ fenced and marked limits shall be mitigated at a minimum 5:1 ratio, md s~Ube subject to the requirements of all the spedal conditioM listed below. · 3. The pemdttee shall mitigate ~pacts to 295 acres of watets of the United StaieS (int:luding wetlands and ~wetland waters) by a) creating 4.5 acres of riparian habitat on-site adjacent to the.Cannon ~d riparian site and ~ting Macario Creek riparian conidor; and b) restQring/ enhancing 4.0 acres of wetland habitat offsite at the Carltu site. Mitigation gradn}g, planting, and iirigation shall begin prior to and/ or concurrent with the planned date of initiating waters/~ impacts authorized by this IP. 4. A final cOl'ICeptual wetland mitigation plan based on the Carlsbad Golf Course Compos it~ Wetlands Mitigatforf Plan (P&J) Environmental Setvices, May 2000) shall be s~fl..to the Corps for review and approval 30 days prior to mifiating waters/wetland impacts (cc; '.USFWS and EPA). These .final conaptoal plans shall be prepared in strict accordance with the Corps' Habitat Mitigation and Monitoring Proposal Guidelines (June 1,,1993). 1n addition to the .i:ruon::nation presentE!d in P&:D's draft May 2000 mitig~on plan, it is the Co:r:p's understanding that the Carlsbad Golf on-site mitigatjon will conform, to the extent practicable, to the specincations outlined in the .. Cannon Road Mitigation Plan (specifically the 11 Addendum to the C-OnceptutJl Mitigation Plan for Cannon Road E:rten$ion Project Reaches I 3 January 9, 2018 Item #10 Page 121 of 147 and 2" dated February 20, 199.8). The final conceptual mitigauo.n plan shall include and incorporate all sections of, the Canon Road mitigation plans that pertain to the Carlsbad Golf project. In addition, all addex,.dums submitted to the Corps shall be included in the final conceptual plan. The .final conceptual plan shall include details of the off:site restonition/enhancement including locatio:r1; methods of removal, replanting strategies and techniques~ success criteria (performance standards), monitoring/maintenance mefhods and schedules. Additional content and requirements for the final conceptual plan are listed below in special condition number five. The final concepN.Al plan shall be submitted as one complete and eomprehensive document fur Corps review 30 days prior a;> the p.lanned date of initiating waters/wetlands ill\paets authorized by this IP. No impacts to waters/ wetlands shall occur ¥nti.l after the Coq,s approves the conceptual plan. -. 5. Final wetland consltudion plans, specl&ations and drawings based on the Corps- approved final conceptual wetland mitigation plan shall be submitted to the Corps for review and approval 10 days.prior to initialing wedand impacts. The final p~ ~ specifications shall also include: a) All ffrtal specifications. and topography-based layout grading, planting, and irrigation. b) A provision that all wetland creation ~as shall~ graded to the same elevation as the adjae<mt existing wetlands and/ or within one loot of the groundwater table, and shall be left in a rough grade state~ topographic relief (includmg charmels) that mimics natural.wetland topography. c) Planting pallets (plant spedesl size, and number per acre) and seed mix (plant species and pounds per acre). All planting shall be installed in a~ that mimics natural plant distnbution (e.g.,. random -axtd/ or aggregate distributions rather than uniform r<;>ws). Plantings shall generally be placed within the mitigation areas along-hydrologic gradients that niake ecological sense in relation to each plant":s facultative category (e.g. obligate, facultative, etc.). d) A provision that on the first anniversary of the initial plantmg,. all dead p~ts shall be replaced unless their function has been .replaced by natural rectuitment as verified by the C0tps. e) A final implementation schedule that indicates when all wetland/waters impacts, as well as mitigation site grading, planting; and irrigation will begin and end. fJ Five years of explicit ,md measurable su.ccess criteria for wetland creation, restoration., and enhal;lcement areas. The pennitcc shall COl.1duct a minimum of five years of maintenance and monitoring of wetland mitigation areas. If success criteria are met earlier·~ all artificial wat« supply 10 the site bas ceased for a minimwn oftw<> yean/ the site may be considered, at the Corps discretion, for early approval. In addition to the success criteria outlined in the final mitigation .autmonitoring plan, ·evidencel>f wetland hydrology and natural recruitment of native wetland vegetation must be presen1 OJMite in order to obtain final Colp approval of the mitigatfon areas. Annual mitigation mailltenancc and monitoring reports shall be submii!cd to the Corps (cc: USFWS and EPA). ,- 6. Planting and irrigation shall .1:'ot be installed until the Corps has approved the ~tig~tiO:t'\ ~t.Q, g,:-:1d;ng. Thc'pon-nitt-AAall eontac:t !:ha Cotp!l for vuifu:a.tion oE 4 January 9, 2018 Item #10 Page 122 of 147 proper grading of the mitigation site a minimum of 15 days prior to the planned date of initiating planting. ~ 7. H changes are made to the mitigation design during its implem~tion.. the pemrittee shall immediately notify the Corps. If changes are determined to be greater than minimal by the Corps, as--built drawmgs of the mitigation.grading, planting, and irrigation shall be submitted to the Coips (cc: USFWS and EPA) within 30 days of implementing the redesigned.mitigation. 8. The permittee shall staff a qualified biologist on site during all phases of construction and mitigation implementation to ensure compliance with the ~ts of this . pemut, and shall pIOd~ce a report that documents the tlmi.ng and events of the final implementation schedule. The pennittee shall submit the biologist's name, adchess, telephone number, email address (if ava&b]e), and work scltedule on the project to the _ Cprps..pnot to the planned date of initiating waters/wetlands impacts authorized by thi5 IP. The permittee shall report any vtoJation to the Corps within one day of its OCCUl'tence. 9. The permittee shall submit a raport to the Corps within 30 days of completian of watas/wetlands impacts authori7.ed by this IP that documents compliance with all permit condition$. The report shall include photogtaphs showing fenced and mar.Iced li.tnits of impacts to all Corps. jurisdictional axeas, as-built construction drawings and a sm:nmaxy of all project activities. 1 O. 1he pennittee shall not remo,.,.e/impact vegetation from development areas from M~h 15 to September 15 to avoid impacts to nesting birds. Any .habitat rest.oration and creation activities also shall be timed to avoid disturbance of Federally-listed and other migratory nesting birds (i.e., avoid disturbance from March 15 tnrough September 15). However, the permittee may be authorized. ~ remove/impact vegetation within developine,nt and restoration areas during this time if a qualified biologist surveys the proposed work area immediat.ely prior to the vegetation removal and concludes that no impacts to nesting birds will occur. The results of the survey shall be provided to the Corps for review and approval prior to initiation of vegetation removal A qualified biologist shall monitor the vegetation removal to ~ the no impacts to nesting birds wilt OCC'Ul'. 11. The pemdttee shall ensme that warer quality is maintained within the channel at and downstream of the project site by irr.cotporating appropriate design elemenb into the project {e.g., maintaining a soft bottolil channel, installing detention basins, etc.} 12. 1b.e pennittee shall p:ieserve in perpetuity all mitigation areas by placing a biological . consexvation easement in favot of an agent approved by the Corps on these areas. "Th.e peimitTee shall submit a d:raft-°easement to the Co,:ps prior to initiating wetlat!d impacts. The fumt and ronmpt of the easement shall .follow the endoseq example, and must be approved by the Coips prior to its execution. lhe easement shall state clearly tba.tno other easements or activities that wou1d result in soil dishnbance ax.di or vegetation removal, except as. approved by the Co:tps, shall be allowed within the biological conservation easement area. The pennittee shall submit the final easement within 10 days of receiving Coips approval of the draft easement. . 5 January 9, 2018 Item #10 Page 123 of 147 Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: ( ) Secti.on.10 of the River and H~r Act of 1899 (33 US.C. 403). (X) Section404 of the Clean Water Act (33 USC 1344). ( } Section 103 of the Marine Protection,, Re:;earch and Sandumies Act of _19'72 (33 USC. 1413}. 2 Limits of this authorization. a. This pemu.t does not obvia~ the need to obwn other Fedeml,. state, or loca1 authorizations required by law. b. This permit does not gTant any property rights or exclu.sm privileges. c. This permit does not authorize any injury to the p.toperty or rights of others. d This permit does not authorize interference with any existing. or proposed Federal project. 3. Limits of Federal Uability. In ~g this permit, the Federal Government does not assume any liability for the following: a. Damages to ihe pemtitted project or uses thereof as a result of other pemu~ or unpermitted activities or from natul'81. causes. . b. Damages to the permitted project or uses 1hereof as a zesult of current or future activities undertaken by or on behalf of the United States in tlv! public iniefest. c. Dai:nagQ$ to pen;.on$, property, or to oiher permitted or unpe:nnitted activities or stnu:tmes caused by the adivity authorized by this permit. d Design or construction deficiencies associated with the pennitted work. e. Damage claims associated with any future modification,. suspension,. or revocation of this permit..-< -- 4. Reliance on Applicant's Data. The determination of this office that issuance of this _pennlt is not contrazy to the public interest wss made in reliance on the in!onnation you provided. 5._ Reevaluation of Permit Decision. ~ office may reevaluate its decision on this permit at any time the circwnstances warrant Cii:cwnstances that could require a reevaluation include, but are 6 January 9, 2018 Item #10 Page 124 of 147 not limited to., the following: a. You fail to comply with the terms and conditions of this permit t,. The infonnation provided by you in support of your permit applicatiOn proves to have been false, incomplete, or inaccurate (See 4 above). c.. Significant new information surfaces which this office did not considet' .in reaching the original public interest decision. Such a :reevaluation may ~t in a determination that it is appropriate to use the suspensiol\, modification,. and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 aR 326.4 and 326.S. The referenced enfoicement procedures provide for the issuance of an administrative order requiring you to compJy with 1he terms and conditions of your pcmnit and for the initiation of legal action where apptoprla.te. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such cfuedive1 this office may in certain situations (such as ihose specified in 33 CPR 209.170) accoaq,lish the corrective :rnea5Ut'eS by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit Unless there are circumstances requiring either a prompt completion of the authorized activity or a :reevaluation of the public interest decision,, the Coips will nor:mall:y give you favorable consideration to a request for an extension of this time limit 7 January 9, 2018 Item #10 Page 125 of 147 Page:~ Date: August 28, 2003 Permit Application No.: A~ll-00-087 to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that.no amendment is legally required. 2. Mitigation for Upland Habitat lmoa.c#~; PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, a final detailed coastaJ sa.ge scrub mitigation plan. Said plan shafl be developed in consultation with the U.S. Fish and Wirdlife Service and the California Department of Fish and Game, and shall include the following: · a. Preparation of a detailed site plan)feliheating all areas a~ types of Impact to upla,:id habitat species (both permanent and temporary} and the exact acreage of each impact. In addition. a detailed site plan of the mitigation sites shall also be included. b. Impacts to coastal sage scrub shall-be mitigated at not less than a ratio of 2:1. c. Mitigation methods shall be con~istent with those approved In Section. 7 -9 of the second addendum to the Carlsbad HMP a·na Policy 7-1.10 of the Mello ti Land Use Plan of the Carlsbad lCP, as provided In Exhibit 10. d. A minimum buffer of 20 feet shall be provided between development as defined In Section 30106 of the Coastal Act, and native upland habitat, except as otherwise provided In Section 7-11 of the second addendum the Carlsbad HMP and Policy 3-1.12 of the Mello II Land Use Plan of the Carlsbad LCP, as provided in Exhibit 10. e. Location where the seeds will be collected and identification of plant species to be used for the restoration area; t. Application rate (e.g. pounds per acre nf seeding effort); g. Methods of weed eradication. No weed whips shall be permitted after installation of the seed mixes; h. Designation of a qualified botanist to=supervise the restoration effort; i. Goals, objectives and success criteria. The pfan shall include quantitative success criteria that ctearty relate .to the goals and objectives of the habitat ~estoration program. These quantitative success criteria shall be based on sampling reference sites or on pertinent published reports. The success critieria shall include minimum requirements for specie$ diversity and cover of shrubs, subshrubs, and herbaceous species. At minimum, five years after the initial planting the restored areas shall support at least 10 native species appropriate to characterize the vegetation type and have evidence of recruitment of at · least ona.halt of these species. Weeds shall be controlled as specified in (g) above and never constitute more than 1~ percent of the total cover. j. At completion of the mitigation/restoration effort. the restoration specialist shall prepare a Jetter report indicating that the installation is finished and that the five-year monitoring . period has begun. Monitoring reports shall be submitted to the City and the Executive Director annually for five years. ·If.at the end of five years, any of the restored areas fail to meet the success criteria as contained in the finat mitigation plan, the monitoring and January 9, 2018 Item #10 Page 130 of 147 .\ ~ maintenance peri()(.. .,Ill be extended one full year for that a1· .... -: Final monitoring for success shall occur after at least a three-year period during which there has been no remediation or maintenance,.other than weeding. If the success critieria are not met after 6 years, an amendment to the permit shall be required. The permittee shall undertake development ln accordance with the approved mitigatron/restoration plan. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the pJans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 3. Restoration for Construction Impacts. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, if any temporary wetland and/or riparian impacts are proposed, the applicant shall submit a detailed revegetation plan indicating the type, size, extent and location of all plant rnatertafs, any proposed irrigation system and any other landscape features necessary to revegetate any proposed temporary wetland and/or riparian impacts. The restoration program shall be developed in consultation with the U.S. Department of Fish and Wildlife and the California Department of Fish and Game. and at. a minimum shall include: . . Before/ After Survey. The condition of th.a wetland and/or ·riparian revegetation and substrate under the two approved golf cart crossing locations shall be documented prior to construction, and the extent of pi:oposed temporary impacts shaH be ldentffied. The extent of impacts to the vegetation and substrate shall be assessed and documented after completion of the repairs. Temporary wetland and/or riparian impacts shall be revegetated at a ratio of 1:1. There shall be no we11and impacts except for those temporary impacts associated with construction of the two approved golf cart crossings. No permanent wetland or riparian impacts shall be allowed. a. The following goals, objectrves and performance standards for the restoration sites: 1. Full restoration of all wetland and/or riparian impacts that are identffied as temporary. Restoration of temporarily impacted areas shall include, at a minimum, restoration of before-impact elevations, restoration of before-impact hydrology, removal of all non-native plant species, and re~ntlng with locally collected native wetland and/or riparian plant species. 2. After construction and restoratio11, a. permanent minimum buffer of 1 oo feet sh~IL be provided between development and wetlands, and a minimum buffer of 50 feet shall be provided between development and riparian area, except as shown on the "City of Carlsbad Golf Course Revisions" plan dated February 7, 2003. For the two approved golf cart path crossings and the golf course playing areas adjacent to the riparian area as shown on the plan, an average minimum post-construction buffer of ,so feet shall ~e provided between new development and wetlands, and an average minimum post-construction b_uffer Of 25 feet shall be provided between new development and riparian areas, consistent with Pollqy 3-1.12 of the Mello n Land Use Pran and Section 7-11 of the Carlsbad HMP, as provided in Exhibit 10, unless otherwise approved by the Executive Director in a manner consistent with the finaf, approved devE;1lopment plans and mitigation/restoration plans. The buffer between development and riparian/wetland habitat for these referenced areas shall not be less than 1 o feet · · in width at any one point 3·. As shown on the pfan entitled ~City of Carlsbad Golf Course Revisions" submitted with LCPA 1-038 (Carlsbad HMP) on Feb~ary 7, 2003, and January 9, 2018 Item #10 Page 131 of 147 consiste,. Mth the golf course hardllne map (FigL .. a Revised) in the Carlsbad HMP, golf cart path crossing #1 shall utilize the existing farm road, and crossing #2 shall utilize a bridge span structure. No permanent riparian impacts shall occur for either crossing. 4. Success criteria and final performance monitoring shall provide at feast a 90% coverage of areas disturbed by construction actMties within 1 year of completion of construction activities. · 5. The final design and construction methods that will be used to ensure the restoration sites achieve the defined goals, objectives and perfonnance standards. 6. Submittal. within 30 days of completion of initial restoration work. of post0 restoration plans demonstrating that the restoration sites have been established in accordance with the approved design and construction methods. Construction impacts to sensitive habitat areas (e.g., coastal sage and other native upland habitat, wetlands, and riparian areas) shall be avoided by identifying and staking all sensitive habitats outside the project footprint. and educating the construction crews about the importance of these habitats and need for protection. The permittee shall undertake development in accordance with the approved restoration plan. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Final Landscape Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant sha11 submit to the Executive Director for review and written. approval, a detailed final landscape plan for the proposed development. Said plan shaU show the type, size, extent and location of all proposed vegetation and any necessary irrigation, and shall provide the following information and/or commit to the following requirements: a. The installation of plant materials on the site, except for golf course turf within the playing and practice areas, shall consist only ot drought-tolerant native or non-invasive plant materials. Within buffers adjacent to native habitat, only native plant materials shall be installed. To the extent feasible, native grasses shall be utlilfzed In ·rough"' areas. b. Required habitat buffers, as provided in Special Condition #2, shall be rdentitied. The applicant shall provide a list of proposed plants to be used in the buffer areas, and shall indicate the type and location of any proposed barriers, signage or other methods that will be utilized to separate golf course activities from protected native habitat, wetlands and/or riparian area. c. A planting schedule that indicates the pfanting plan wiU be implemented within 60 days of completion of construction. ct. A written commitment by the applicant that all required plantings will be maintained in good growing condition, and whenever necessary, will be replaced with new plant materials to ensure continued compliance. e. A written commitment by the applicant that five years from the date of opening of the golf course, the applicant will submit for the review and written approval of the Executive January 9, 2018 Item #10 Page 132 of 147 Director, a landscap, ,\onitoring report, prepared by a licens: landscape Architect or qualified Resource Specialist, that certifies the on-site landscaping is in conformance with the landscape plan approved pursuant to this Special Condition. The monitoring report shaJI include photograp~ic documentation of plant species and plant coverage. f. If the landscape mon"itQnng report indicates the landscaping is not in conformance with or has failed to meet the pertormance standards specified in the landscaping plan approved pursuant to this permit, the applicant, or successors in interest, shall submit a revised or supplemental landscape plan for the review and _approval of the Executive Director. The revised landscaping plan must be prepared by a Hcensed Landscape Architect or a qualified Resource Specialist and shall specify measures to remedlate those portions of the original plan that have failed or are not in conformance with the original approved plan. The permittee shall undertake development in accordance with the approved landscaping plans. Any proposed changes to the approved landscaping plans shall be reported to the Exe<::utive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment Is legally required. · s. Erosion Control Plans .. PRIOR TO ISSUANCE OF THE COAST AL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, an erosion and sedf ment control plan for the proposed development, prepared by a qualffled resource specialist. The plan shall be in substantiaJ conformance with the following requirements: · a. The plan shall delineate the areas to be disturbed by grading or construction activities and shall include any temporary access roads, staging areas and stockpRe areas. The natural areas on the site shall be clearly delineated on the project site with fencing or survey flags. No grading or staging of equipment or supplies shall occur in the protected areas. b. The plan shall specify that if grading occurs during the rainy season (October 1 - March 31), the applicant undertake the following protective measures to assure offsite sedimentation is minimized to the maximum extent feasible: install or construct temporary sediment basins (including debris basins, desilting basins or silt traps). temporary drains and swales, sand bag barriers and/or slit f enclng; stabmze any stockpiled filf with geofabric covers or other appropriate cover; install geotextiles or mats on all cut or ftlf slopes; and close and stabilize .open trenches as soon as possible. · These erosion and sediment control measures shall be required on the project site prior to or concurrent with the initial grading operations and maintained throughout the development process. All sediment shoukt be retained on-site unless removed to an approved dumping lo~tion either outside the coastal zone or to a site within the coastal zone permitted to receive fill. c. The plan shall also include temporary erosion control measures should grading or site preparation cease for a period of more than 30 days, including but not limited to: stabilization of all stockpiled fill, access roads, disturbed soils and cut and fill slopes with geotextiles. and/or mats, sand bag barriers, and/or ·silt fencing; and installation of temporary drains and swales an~ sediment basins. These temporary erosion control measures shall be monitored and maintained until grading or construction operations resume. The permittea shall undertake development in accordance with the approved erosion control plans. Any proposed changes to the approved pfans shall be reported to the Executive Director. No c~anges to the plans shaJI 9ccur without a Coastal Commission approved amendment to this January 9, 2018 Item #10 Page 133 of 147 coastal development permh J1ess the Executive Director determine.· .hat no amendment is legally required. 6. Drainage and Polluted Runoff Control Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for the review and approval of the Executive Director, final drainage and runoff control plans including supporting calculations. The plan shall be prepared by a ficensed engineer and shall Incorporate structural and non-structural Best Management Practices (BMPs} designed to reduce the pollutant load of runoff to the maximum extent feasible, and reduce or eliminate any potential increases in the volume or velocity of mrioff leaving the site. In addition to the specifications above, the plan shall be in substantll!ll conformance with the following requirements: a. Setected BMPs (or suites of BMPs) shall be designed to treat, infiltrate or filter stonnwater from each runoff event, up to and Including the 85th percentile, 24--hour runoff event for volume-based BMPs, and/or the 85th percentile. 1-hour runoff event, With an appropriate safety fa~or. for flow-based BMPs. b. BMPs shall be selected to address the pollutants of concern for this· development, including sediments, nutrients, pesticides, fertilizers, metals, petroJeum hydrocarbons. trash and debris, and organic matter. c. Runoff shall be conveyed off site in a non-erosive manner. _Energy dissipating measures shall be installed at the terminus of all outflow drains. d. Drainage from all roofs, parkjng areas, driveway area, and other impervious surfaces on the building pad shan be directed through vegetative or other media filter devices effective at removing and/or treating contaminants such as petrole~m hydrocarbons. heavy metals, and other particulates. e. Opportunities for directing runoff into pervious areas located on~site for infiltration and/or percolation of rainfall through grassy swales or vegetative filter strips, shall be maximized. f. The plan shall include provisions for maintaining the drainage system, including structural BMPs, ill a functional condition throughout the life of the approved development. The plan shall include an identification of the partY or entity{iesl responsibJe [or. maintaining the various drainage systems over Its lifetime and shall include written acceotance by the responsible entltyfles). Such maintenance shall include the following: (1) BMPs shall be inspected, cleaned and repaired when necessary prior to and during each rainy season, including conducting an annual lnspectioQ no tater than September 301h each year and (2) should any of the project's surface or subsurface drainage/filtration structures or other . BMPs fail or result in increased erosion, the applicant/landowner or successor-in-interest shall be responsible for any necessary repairs to the drainage/filtration system or BMPs and restoration of the eroded area. Should repairs or restoration become necessary, prior to the commencement of such repair or restoratron work, the applicant shaft submit a repair and restoration plan to the Executive Director to determine if an amendment to this coastal development permit or a new coastal development permit is legally required to authorize such work. · g. Parking lots susceptible to stonnwater should be swept with a vacuum regenerative sweeper on a regular basis. h. The golf course shall be equipped with flow reducers or shutoff valves triggered by a pressure drop so that broken pipes do not increase flow to the storm dralns; January 9, 2018 Item #10 Page 134 of 147 1 • ' • i. The applicant shalf;. Jvide, for the review and approval of UY_ 2'xecutive Director, plans for a self-contained cart washing facility that is equipped with a pre-treatment facility, and, if significant discharge is proposed, is connected to the sanitary sewer; j. All storm drain inlet structures must be equipped with trash racks, which shalt be maintained by the applicant and/or authorized agent. k. Storm drains shall be stenciled with,water quality wamings indicating that the drain flows to the lagoon. . · • · · The permittee shall undertake development in accordance with the approved drainage and runoff control plans. Any proposed changes to the app~ovad drainage and runoff control plans shall be reported to the Executive Director. N~ changes to the approved plans shall occur without an amendment to this ·coastal development permit unless the Executive Director determines that no amendment is legally required. 7. Water Quality Monitoring.Plan .. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT. the applicant shall submit for the review and approval of the Executive Director. a water quality monitoring plan to ·address the quality of runoff prior to leaving the site or entering the onsite riparian area. The pJan shall describe the methodology for monitoring, including specific threshold levels and sampling protocols, location of monitoring sites, schedule for monitoring, and reporting of results. The monitoring plan shall also indude a. contingency plan describing the actions to be taken if water quality impacts are discovered. In addition to specifications above, the plan shall be in su.bstantial conformance with the following requirements: a. The plan shall require monitoring of the following pollutants: nitrates, nitrJtes, phosphates, dissolved oxygen, pH, total suspended solids (TSS), acute and. chronic toxicity, and shall indicate the proposed sampling frequencies. Total suspended solids (TSS) shall be sampled for at the same frequency as the nutrients. b. The plan shall specify maximum threshold levels for each water quality parameter. c. The plan shall specify sampling protocols to be used for each water quality parameter. Measurements must be precise enot,Jgh to evaluate compliance with applicable water quality threshold levels. d. Sampling .for baseline data shaJI be conducted a minimum of three (3) times and during different level stonns to acquire a representative sample of water quality conditions at the site. e. Results of monitoring shall be submitted to the Executive Director annually. f. If any water quality threshold levels· referre<;f to above in b) are exceeded, the applicant {or successor interest) shall notify the Executive Director of the exceedances and potential impacts and within 48 hours of receipt.of the monitoring data. At the same time the applicant shall consult with the Exec·utive Director regarding the need for additional sampling to evaluate the exceedance or corrective action to minimize water quality impacts. The applicant shall report to the Executive Director on the possible causes of the exceedance and proposed corrective actions within 30 days of the initial receipt of the data. g. If any water quality impacts persist after three years of detection, not withstanding any corrective actions taken by the applicant, all use of the chemicals that exceed water quality . threshold levels shall ~ease. January 9, 2018 Item #10 Page 135 of 147 8. Turf and Pest Management Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and approval, a detailed turf and pest management plan for the golf course portion of the development. The plan shall comply with the following requirements·: a. Turt m·anagement practices shall utillza state-of-the-art enVironmental methods to minimize fertilizer use, water use and chemical pest control to the maximum extent feasible, to avoid impacts to native upland habftat, wetrands, riparian areas, and water quality. b. The plan shall favor non-chemical-strategies over chemical strategies for managing onsite pests. Chemical strategies shall only be employed after all other strategies have been used and proven inetf ective. This shall be demonstrated by providing written notice to the Executive Director of the non-chemical strategies that wm be used. the reasons for their ineffectiveness, and the chemical strategies that are being considered~ The· permlttee shall undertake development in accordance with the approved turf and pest management plan pf ans. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the approved plans shall occur without an amendment to this coastal development permit unless the Execu~e Director determines that no amendment is legally required. 9. Public GoJf Course Facility. The gotf course, clubhouse, parking.areas, drMng range, conference center and pads for future industriaVgolf related uses shall be operated as facilities open to the general public. Any proposed change in the level of public access and/or public use shall require an amendment to this pennit Signage shall be provided indicating that the onsite taciJities as provided above are open to the public. 10. Open ~pace and Conseivation Easement. A. No development, as defined in Section 30106 of the Coastal Act, shall occur in those areas Indicated as Preservation Areas in Exhibit 7 (City Golf Course, Revised Figure 8 of the Carlsbad HMP, CAR LCPA 1-038), except for temporary impacts associated with construction of the two approved golf cart path crossings, consistent with Special Condition #3, and onsite habitat restoration/revegetation activities as part of an approved coastal sage scrub mitigation plan, consistent with Special Condition #2. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shalt execute and record a document in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a the Caiifom!a Department of Fish and Game and the U.S. Fish and Wildlife Services, or their successor agencies, an open space and conservation easement over all onsite habitat preservation areas, and all mitigation areas (onsite and/or offsite) that will be utilized to address onslte impacts to habitat. The recorded document shal1 include legal descriptions of both the applicant's entire parcel and the easement area(s). The recorded document shall aJso reflect that development in the easement area(s) is restricted as set forth in this permit condition. C. The offer to dedicate shaJI be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor. of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. January 9, 2018 Item #10 Page 136 of 147 11. Protection of the Coastal Califomi§ Gnatcatcher. To prevent breeding/nesting season Impacts to the coastal California gnatcatcher (PolioptUa califomica califomica), U,e permittee shall not undertake any dearing or grading actMtres on the golf course site between March 1 and August 15, unless approved in writing by the U.S. Flsh and Wildlife Service and the California Department of Fish-and Game. Herbicide, pesticide and/or fertilizer applications shall occur outside of a 100-foot exclusion zona to avoid drift towards nesting areas. A worker education program shall be implemented to ensure that all golf course construction and maintenance workers know the location of all gnatcatcher nests and are aware of the above-described protection measures. During the non-breeding season (August 16 through February 28), if construction activities will produce noise levels greater than 60 db, gnatcatcher-occupled habitats within the habitat preserve areas shall be shielded from tha sight and sound of such activities taking place within 50 feet of the occupied habitat, using the fotlowing technique. During.construction, the gnatcatcher habitat will be shielded from sight and sound by 8-foot high, solid 1-inch thick barriers. A biological monitor must be onsite daily to ensure that the co,:1structlon·_activities are having no negative impact on gnatcatchers. The permittee shall staff a qualified monitoring biologist on-site during all CSS clearing and any other project-related work adjacent to CSS to be avoided. The biologist must be acknowledgeable of gnatcatcher biology and ecology. The permittee shall ensure that prior to and during the clearing of coastal sage scrub and/or any other suitable gnatcatcher habitats outside the gnatca.tcher breeding season, the biologist shall locate any individual ghatcatchers on-site and direct clearing to begin in an area away from birds. In addition, the biologist shall walk ahead of clearing equipment to flush birds towards areas of habitat that will be avoided and/or which are located within the permanent preserve areas. 12. Open Space Restriction. A. No development, as defined in Section 30106 of the Coastal Act. shall occur in habitat buffer areas as required in Special Con91tions #2 and 4. and as identified in the final landscape plans, and as described and depicted in an Exhibit attached to the Notice of Intent to Issue Permit (NOi) that the Executive Directo~ issues for this pennit, except for 1. approved landscaping activities and plantings and/or restoration and revegetation of native habitat according to the final coastal sage scrub mitigation plan; and B. PRIOR TO ISSUANCE BY THE EXECUTIVE DIRECTOR OF THE NOl FOR THIS PERMIT, the applicant shall submit for the review and approval of the Executive Director, and upon such approval, for attachment as an Exhibit to the NOi, a formal legal description and graphic depiction of the portion of the subject property affected by this condition, as generally described above and shown on Exhibit 7 attached to this staff report. C. PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a fonn and content acceptable to the Executive Director: (1) indic.ating that, pursuant to this permit, the California Coastal Commission has authorized development on tt,e subject property, subject to' terms and conditions that restrict the use and enjoyment of that property (hereinafter referred to els the "Standard and Special Conditions); and (2) imposing all Standard and Special Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. The restriction shall include a legal description of the applicant's entire parcel or parcels. It shall also indicate that, in the event of an extinguishment January 9, 2018 Item #10 Page 137 of 147 ' . ' or termination of the dt.., J restriction for any reason. the Stano~· J and Special Conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or the development it authorizes -or any part, modification or amendment thereof-remains in existence on or with respect to the subject property. 13. Any future revisions to the golf course layout and/or design which may be necessary to address golf course operations or any other reason shall require an amendment to this permit. Any such revisions to the golf course shall occur within the approved developable area in the least environmentally damaging manner that is most protective of the sensitive resources within the habitat preserve. No impacts to resources within the preserve shall be permitted. 14. Technical Advisory Panel. An independent technical advisory panel of environmentaJ and agency representatives shall be provided the opportunity to review and comment on the management plans and ongoing monitoring reports. This will allow for meaningful Input by all parties interested in the water quality in the Agua Hedionda Lagoon, and will assist the Coastal Commission staff and the City in effectively assuring the. environmental quality of the golf course. All review and comm~nts will· be-requested to be submitted within 45 days of· receipt of draffptans. The Executive Director of the California Coastal Commission shall have final authority over the · determination of condition compliance, unless it i~ determined that the item should be referted to the Commission. · A-6-C II-00-087p January 9, 2018 Item #10 Page 138 of 147 soa,, ..... IE A ~ Sempra Energy utilityM June 23, 2005 City of Carlsbad Recreational Department 1200 Carlsbad Village Drive. Carlsbad, CA 92123 Attn: John Cahill, Municipal Projects Manager Dear Mr. Cahill: LEITER OF PERMISSION FOR GRADING AND CONSTRUCTION OF IMPROVEMENTS EXHIBIT E-6 San Diego GB$ & Electric 8335 Century Par!( Court San Oleqo, CA 92123 San Diego Gas & Electric Company (SDG&E) is the owner of a 100', 150', & 200) Electric Transmission Easement and a 20' Gas Transmission Easement located in and around the fol1owing ~egal description; TiiOSE PORTIONS OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST AND SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARD1NO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO TIIB OFFICIAL PLAT TIIEREOF, SAID PROPERTY BEJNG MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF QUIT CLAIM: DEED RECORDED MARCH 28, 1989 AS FILE NO. 89-157040 OF 0.R. (A.P.N. 212-010-05, 07, 11 , 12, 13, & 15; A.P.N. 212-041-12 TO 36; A.P.N. 212-082-01 TO W; A.P.N. 212-081-01 TO 21) (SDG&E Right of Way No. 31580, Recorded April 15, 1954 in Book 5205, Page 419 of O.R.; SDG&E R/W No. 31581, Recorded May 6, 1954 in Book 5230, Page 131 of O.R.; SDG&E RJW No. 45062, Recorded August 14, 1957 in Book 6706, Page 514 of O.R.; SDG&E RfW No. 45064, Recorded September 27, 1957 in Book 6767, Page 25 of-0.R.; SDG&E RJW No. 31564, Recorded April 15, 1954 in Book 5205, Page 416 of 0.R.; SDG&E RfW No. 31565, Recorded May 3, 1954 in Book 5525, Page 397 of 0.R.; SDG&E R/W No. 45474, Recorded May 11, 1961 as Doc. No. 81362 of O.R.; SDG&E R/W No. 45476, Recorded May 15, 1961 as Doc. No. 82981 of O.R.). We have reviewed and approved the Grading & Improvement Plans for Carlsbad Municipal Goff Course -Phase II, accepted April 4, 2005, which shows the proposed grading and improvements on the property subject to our easement, attached hereto as Exhibit 'A' (27 sheets). · Carlsbad Golf Co\Jl'Se.doc January 9, 2018 Item #10 Page 143 of 147 Permission is hereby granted to City of Carlsbad (Pennittee), to grade and construct improvements as shown on said plan, subject to the following conditions: 1. Expiration: This "Permission to Grade" shall expire if grading does not commence within 6 . months from the date of this letter> or work is not diligently pursued to completion. 2. Submittals: 2.1. Permittee agrees to supply SDG&E with •as built' grading, improvement, and profile plans to SDG&E specifications, if requested. 2.2. Pennittee agrees to submit for review and approval~ a blasting plan prior to blasting, if blasting is required. 3. Pre-Construction Meeting: SDG&E's Land Management Rep~sentative (LMR) must be invited with at least three (3) working days prior notice. 4. Grading: 4.1. At least twenty-four (24) hours notice must be given to SDG&E's LMR before start of work. Field changes to plans within said easement shall be approved in writing by SDG&ELMR. 4.2. Pennittee is responsible to call DIG ALERT at 1-800-227-2600 for all underground mark-out locations 48 hours before digging. 4.3. SDG&E standby persoruiel are required when grading or ground penetration occurs within the gas transmission easement or within ten (10) feet of the gas line when in a :franchise position. 4.4. No power-operated equipment shall b_e used within two (2) feet of any portion of the gas line, only hand digging is allowed and an SDG&E standby is required 4.5. If any contact is made with the gas line or its coating~ SDG&E must be notified immediately at 1-800-411-7343 and the area left exposed. 4."6. The gas easement sha11 be staked with ribboned lath at fifty-foot (50') increments and the staking shall be maintained at all times during grading and construction of the project. Carlsbad Golf Course.doc 2 j i ' ! I l ' f' I I I January 9, 2018 Item #10 Page 144 of 147 4. 7. SDG&E . reserves the right to inspect and perform quality control work during construction. SDG&E standby personnel are authorized to stop work around the gas line if all required precautions are not strictly adhered to. 4.8. Equipment crossings of the gas line must be designed to eliminate any possible damage to the gas line and approved by SDG&E gas transmission engineering. 4.9. Clearance of (35) feet minimum between the SDG&E electric transmission wires and the natural ground shall be maintained on any given day, noting line sags vary depending on ambient temperature and line current All requirements, including but not limited to OS~ CAL .. ;OSHA~ ANSt NIOSH, and NEC for clearances when working around energized electrical facilities must be maintained. · 4.10. No grading shall be allowed within ten (10) feet of a single wood pole structure or anchor, or fifteen (15) feet from any multi-wood pole structure (H-fram~ 3·pole, etc), or twenty (20) feet from any electric steel lattice towers or thirty (30) feet of steel poles. All measurements are taken from the fac~ of pole or face of foundation. 5. Special Conditions: 5.1. All new SDG&E access roads shall be swfaced with an all-weather material. All access driveways shall have a 30' wide commercial grade apron. Roads shall be compacted to 90% relative maximum compaction. SDG&E requires that Pernrittee submit a complete compaction report upon completion of all areas of grading within the SDG&E gas transmission easement. Appropriate plans must be made to protect the affocted areas from storm water. 5.2. All trees planted within SDG&E's easement, shall be no more than lS.00 feet in height at maturity and shall not restrict SDG&E's access to any of its facilities. 5.3. Irrigation systems shall not spray directly onto any electric facilty> access road or maintenance pad . . 6. Erosion Control: 6.1. All disturbed and created slopes, within the SDG&E electric transmission easement, shall be hydro-seeded or planted by Permittee with an SDG&E approved mix. 6.2. All drainage shall be designed to prevent erosion ofSDG&E easement and access roads. 7. Storage: 7.1. This permission to grade letter does not permit storage of equipment, materials, dirt or debris on the easement or SDG&E fee owned property. Carlsbad Golf Course.doc 3 January 9, 2018 Item #10 Page 145 of 147