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ITEM: |
CONSENT
CALENDAR |
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4. |
Consider Authorizing the General Manager to
increase the level of indemnification in a right-of-entry and project
permission agreement with quail lodge, inc. for the Carmel River Bank Stabilization
Project at Rancho San Carlos Road |
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Meeting
Date: |
June
18, 2018
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Budgeted:
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N/A
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From: |
David J.
Stoldt |
Program/ |
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General
Manager |
Line Item
No.: |
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Prepared
By: |
Larry
Hampson |
Cost
Estimate: |
N/A |
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General Counsel Approval:
N/A
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Committee Recommendation: The Administrative Committee reviewed this
item on June 11, 2018 and recommended approval.
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CEQA Compliance: This action does not constitute a
project as defined by the California Environmental Quality Act Guidelines
section 15378. |
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SUMMARY: The
District has designed a project to stabilize a portion of the Carmel River downstream
of Rancho San Carlos Road that underwent significant streambank erosion in the
winter of 2017. The project work affects
two parcels owned by Quail Lodge, Inc.
At the May 21, 2018 Board meeting, the General Manager was authorized to
offer up to $75,000 to indemnify each property owner affected by the proposed
project against losses due to the project.
Quail Lodge, Inc., has requested a higher cap due to the high value of
assets owned by the company and the potential to be a “deep pockets” target in
a lawsuit. Since inception of the Carmel
River Management Program in 1984, the District has not been sued over Carmel
River restoration work.
RECOMMENDATION: Staff recommends that the Board authorize the General Manager be authorized to negotiate with Quail Lodge, Inc. to increase the level of indemnification for Quail Lodge, Inc. up to $300,000.
IMPACT TO STAFF/RESOURCES: Entering into agreements has no immediate fiscal impact. Authorization to expend funds for the project will be on a future agenda.
U:\staff\Boardpacket\2018\20180618\ConsentClndr\04\Item-4.docx