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HomeMy WebLinkAbout04 - Emergency Storage Container in Irvine Terrace�EWPp�T CITY OF NEWPORT BEACH C,<IiORN`P City Council Staff Report Agenda Item No. 4 October 23, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Webb, Public Works Director 949 - 644 -3311, dwebb(a)newportbeachca.gov Recreation and Senior Services Department Laura Detweiler, Recreation and Senior Services Director 949 - 644 -3157, Idetweiler(cDnewaortbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer APPROVED: TITLE: Proposed Community Emergency Preparedness Supply Storage Container within the Irvine Terrace Park — Approval of Encroachment Permit and Agreement (N2012 -0225) ABSTRACT: The Irvine Terrance Community Association requests approval to install a Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park. RECOMMENDATION: Allow the City to enter into an Encroachment Agreement with the Irvine Terrace Community Association for the installation of a Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park, contingent upon all conditions of the Encroachment Permit process being met. Authorize the City Manager to execute the Encroachment Agreement. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Irvine Terrace Community Association (ITCA) is requesting permission to install a Community Emergency Preparedness Supply (CEPS) Storage Container within Irvine Terrace Park adjacent to the intersection of Evita Drive and Chubasco Drive. Several Irvine Terrace residents, as well as members of the ITCA Board of Directors have 1 of 66 Proposed Community Emergency Preparedness Supply Storage Container within the Irvine Terrace Park — Approval of Encroachment Permit and Agreement (N2012 -0225) October 23, 2012 Page 2 completed the required training and are active members of the Newport Beach Fire Department Community Emergency Response Team (CERT) program. As part of CERT training the Newport Beach Fire Department, as directed by Federal Emergency Management Agency (FEMA), encourages residents to organize emergency supplies and materials in at least two locations; (1) at their homes for immediate family use; and (2) within the community to aid community residents and neighbors. FEMA recommends the storage location within the community be in a location that is easily accessible to the City's emergency responders and central to the residents being served. These centralized locations are typically located on community association property, such as Clubhouses, community pool areas, etc. ITCA does not own any property; therefore, ITCA requests permission to install the CEPS container in Irvine Terrace Park. The proposed location of the CEPS container is near the restroom facility adjacent to the block wall near East Coast Highway (Attachment A). The proposed CEPS storage container would not impact programmed or "drop in" use of the park. The 10 -foot wide by 20 -foot long by 10 -foot tall CEPS container will house emergency equipment (Attachment B) and will service an Operations Command Post for the Irvine Terrace community in the event of an emergency. Newport Beach Fire Department staff has reviewed and approved the list of emergency equipment to be stored in the container. Modifications to the approved list of equipment will require review by the Newport Beach Fire Department. The storage container will be painted to match the existing restroom facility and will be secured by padlock. ITCA board of directors and the City of Newport Beach Fire Department will have access to the container. The following modification to Irvine Terrace Park will need to be made to accommodate the CEPS container; all proposed work will be performed by the ITCA contractor at the expense of the Association (Attachment C): Minor grading around proposed container area; o Installation of a 10 -foot wide by 30 -foot long by 3.5 -inch thick concrete slab and curb; and o Existing park irrigation and landscaping will be modified per the direction of the Municipal Operations Department. Upon completion of the installation of the CEPS container ITCA shall: O Maintain the permitted improvements in accordance with generally prevailing standards of maintenance, and pay all costs and expenses incurred in doing so; 2 of 66 Proposed Community Emergency Preparedness Supply Storage Container within the Irvine Terrace Park — Approval of Encroachment Permit and Agreement (N2012 -0225) October 23, 2012 Page 3 o Maintain a general liability insurance policy in the amount of not less than One Million Dollars ($1,000,000) per occurrence for injuries to persons or damages to property, that may arise from or in connection with the work performed under this Agreement by HOA, its agents, representatives, employees or subcontractors, or which may arise from, or in connection with, the design, construction, operation, maintenance or continued existence of the New or Existing Improvements. If commercial general liability insurance or other form with a general aggregate limit is used, whether the general aggregate limit shall apply separately to the work to be performed under this Agreement, the general aggregate limit shall be at least twice the required occurrence limit; and Paint the exterior of the container to match the existing restroom facility and add any additional screening as directed by the City. Typically, encroachment requests of this nature not covered under Council Policy L -6 would only require City Council review and approval, however, since this request is within a City Park, staff requested a recommendation from the Parks, Beaches and Recreation (PBR) Commission. The request to install the CEPS Container went before the PBR Commission on October 2, 2012. PBR commission unanimously recommended approval of the container contingent upon all conditions of the Encroachment Permit process is met and an encroachment agreement is executed for the said improvements. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Class 1 Existing Facilities) of the CEQA of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 3 of 66 Proposed Community Emergency Preparedness Supply Storage Container within the Irvine Terrace Park — Approval of Encroachment Permit and Agreement (N2012 -0225) October 23, 2012 Page 4 n..� -:I'_� �... Public Works Director ura Detweil ecreation and enior Services Director Attachments: A. B. C. D. E. F. Location Map Plans Irvine Terrace Community Association Letter Equipment List PBR Commission Staff Report & Minutes Encroachment Agreement 4 of 66 COMMUNITY EMERGENCY PREPAREDNESS SUPPLY STORAGE CONTAINER ATTACHMENT A LOCATION MAP ._, FAQ•.. 5 of 66 IRVINE TERRACE COMMUNITY ASSOCIATION EMERGENCY STORAGE BUILDING P�� Pacific COaSCHwy. aaRSmvmouxa¢ OA WdvZOnea'awGMStua[eRCB�c]SOap:) � ym iwu'�c omelsmemcavcw.w m me ven. e Rm+oxPam .m�cewmmn :oeurc..raeenmyR 'e�o•Vetrmen. =abO IC'xE/-�e1 xq�iR 0o9A.i iNw> %M R ma0] IRVINE TERRACE PARK m 0 m m npelrtape'WCCYMmei m:aw�o�eR:ttvsanraL �+ee�ampeelmma W wM 'eomm��mw�wR- •ICUtt'w^mm� F-rt ITIi 1'+1:7-1 Uy c G c Z7 WN z= W G r: Q �oacnoaESS: ITCA EMERGENCY WLLOI.IGAT IRJINE TcMAOE 2ARK PLOTPIfNN _ ?L MR B/ RGEHC voO EWKPIN w2 W2f: 4I. fiVi2C � S -1 a;, >AaMcc Sf WMAY Gv�.e1Ge ✓sYC &f0 mm,"�e.un wm,w. 0 m m IRVINE.TERRACE COMMUNITY ASSOCIATION EMERGENCY STORAGE BUILDING 1 a w el .:ax•wua_ umv, ]YMF wm � =n=, �" 5EMON "A —A" ' yr- vmu.iwN IWNETFApga PA ec>6 e. �— GVi+ne --✓i avfu. -F // -- Section "S - B" (nts) m"wte�mw.r�w�.3emnao s: Wp.n..e gbum.unwm�nolte N.eet �a twwm N.w w.tia,fs:.aNm :`""ww M1.s'rv"'cni v�,.an °an�s. o-wmw p.er7nvFrmuAFalS:.pf. W iN"him�m.,i. daaneaOYCm¢aM1.e mTMll..mm n.varaYncmn uSn+c �.,Wlw.MwKu z omy.e..Nwmmaio-am. u vmn�rtsw:cmvxa.aaaaamxmrtWUe..rm ♦Cry,n410:n �N:IN6pde mLLSaev(umm wlnawtiaax+:g6CiwtlmM R N..ddmm Weyiyanrt.Y"M.��n:iprbq,w.: tka.ttGymwtrtw0:8ai9� . eo-roncyn r+.umosma CvN}a9.Y �Ymm iY fe 6' L;rran.mrma marry Plan View Detail A (nts) o �o- wq zoa z C a Q R JO6 ADDRE6S rcra E[J.ERGENOY dUIWIFGAT 9RVINETERRACE 0.RK FLCTRLAN FOR ErvrvvGENCv STORAGECOMNN re owawry "esEa � S -2 Attachment C IRVINE TERRACE COMMUNITY ASSOCIATION Newport Beach Emergency Management Program and Request for Storage Area for Irvine Terrace Conu muitll Emergency Response Team Existing Public Safety Need It is a fact that Newport Beach is in a high earthquake zone as well as having exposure to other major natural disasters. City officials have frequently reminded Newport residents that the probability of a major earthquake or other disaster striking our area is not a question of "IF?" but certainly is a question of "WHEN?" In anticipation of the next major disaster, "the City has implemented a comprehensive Emergency Management Program which. includes all elements necessary to respond quickly and effectively to major emergencies. These elements include: an Emergency Operations Plan, Emergency Operations Center, Employee Response Program., Public Education Program., and trained Comnntnit l Emergency Response Team (NBCERT)." "Following a major disaster, first responders who provide fire and medical services will not be able to meet the demand for these services. Factors such as munber of victims, comtmunicationn failures, and road blockages will prevent people f om accessing emergency services they have come to expect at a moment's notice through 911. People Will have to rely on each. other for help in order to meet their immediate life saving and life sustairtingneeds." (NB City )vebsite) Irvine Terrace Support Irvine Terrace is a community of 384 single - family residential homes in Corona del Mar. The Irvine Terrace Community Association ( "ITCA "'), a non- profit association and management body of Irvine Terrace, desires to actively support the City of Newport Beach's ( "City ") Emergency Management Program to strengthen the City's and the ITCA residents' ability to prepare for, to mitigate against, to respond to and recover from any disaster. 8 of 66 ITCA Commitment to Newport's Emergency Management Program As part of this commitment, a growing number of Irvine Terrace residents, including member of the ITCA Board of Directors, have completed required training and are now active members of the Newport Beach Fire Department Community Emergency Response Team, or CERT, Program. In 2011 the ITCA Board of Directors authorized the expenditure of the sum of Ten Thousand Dollars ($10,000) on behalf of the ITCA for the purchase of emergency medical and triage supplies, light search and rescue tools and sanitation equipment, incident command and administration center and storage facility fbr the above materials and equipment. A list of items to be stored in the Community Emergency Preparedness Supply (CEPS) container is attached to this application. ITCA CERT Location As part of the CERT training, the Newport Beach Fire Department has advised residents to organize emergency supplies and materials in at least two locations; first, at their homes for immediate family use, and, second, as a community to aid community residents and neighbors. Upon the occurrence of a major disaster, it can be anticipated that many residents of Irvine Terrace will need emergency assistance that the City will not be able to provide. ITCA CERT Requirement In order for ITCA to equip its Community Emergency Response Team, ITCA requires a location for a CERT command post to assist the City's emergency responders and for the storage of Community Emergency Preparedness supplies and materials. As advised by the City Fire Department, the location should be one that is easily accessible to the City's emergency responders and central to the residents being served. 9 of 66 Because the ITCA does not own any property (i.e„ real estate), ITCA requests permission from the City of Newport Beach for use of a small area in Irvine Terrace Park to store Community Emergency Preparedness supplies and equipment. Irvine Terrace Park, located between East Coast Highway and Seadrift Drive, offers easy access to City emergency responders and is central to all residents in Irvine Terrace. AdditionaIIy, it is the only public open space in all of Irvine Terrace. Irvine Terrace CERT Operations Command Post ITCA is requesting that a 12' by 30' area adjacent to the Park's perimeter masonry wall paralleling PCH and the park restroom building be approved. This location has been reviewed by both City Park Operation and Engineering Services. This would be an ideal location for the ITCA CEPS unit because a) that area is not used for any current Park activities, b) the unit will be practically out of sight of Park users and c) as such, this location will be safe and will not interfere with any Park activities.. Details of this request are as follows: 1. Ground Space Request: A twelve foot by twenty foot (12'x 301 ground space is requested for the placement of a secure storage container in Irvine Terrace Park, as approved by the City. 2. Suggested Location: Adjacent to the Park's perimeter masonry wall opposite the exiting park restroorns. Refer to Attachment No. 2 for a more specific location. 3. CEPS Container: The CEPS container will be a secure, locked and painted to match the restroom building. The steel container is 10' wide x 20' long x 10' high. 4. Storage Access: The container will be locked by padlock at all times except in the event of use for disaster or emergency .and for storage or removal of community emergency preparedness supplies and materials. 5. Authorized Entry: The only personnel having access will be a) ITCA Board members, b) ITCA CERT members authorized by the ITCA Board, and c) authorized members of the City Fire Department emergency personnel. 10 of 66 6. Maintenance: ITCA will maintain the appearance and condition of the CERT container in first -class condition at all times. 7. Liability Insurance: ITCA shall provide the City with liability coverage (suitable to the City) as a named insured in the amount of One Million Dollars ($1,000,000). 8. Placement and Removal of CEPS Container: ITCA shall be responsible for the safe placement and removal of the CEPS container and shall immediately and damage to the park grounds caused by placement or use, and shall immediately repair and return the grounds to their original condition following removal. 9. Exterior Color and Screen of Container: The container's exterior will be painted to match the existing park restrooms so as to blend into the surround area. Additional screening can be added if desired by the City. 10. Other Conditions Required by City. Such other conditions required by the City and approved by ITCA. Photos Proposed Location of CEPS Unit The container would be placed adjacent to the masonry wall in the foreground (Refer to Attached 11" x 17" plan for a more specific details 11 of 66 10' wide by 20' long CEPS container would be painted to match the existing Park restrooms as shown below: The following photographs show a typical container (below) Sample Container Exterior> 12 of 66 Sample Container Interior> Secure Container Lock > Typical 10'W x 20'L x 10' H storage container (side view) Submitted by the Irvine Terrace Community Association: ITCA Date 13 of 66 Attachment D Sheet 1 LIST OF ITEMS TO STORED IN THE ITCW.S tbNTAINER SEARCH & RESGUE TOOL'S. &EQUIPMENT • Stretcher One Fold StretclSer (SOS. Survivah'Prdducts) Checkwith NO Paramedics (Malt B) for- old units Tools R Rquipnleat Batteries "AA" - Energizer 36pack .Batteries "D" - Euergizer 4 paolc Axe -23" Chopping Boltculter- Wgtkfdree24" CERT Search books Cutter /trinmters : Corona 20" Bypass Lopper DiA bits - Ryohl 9d Piece Strsight Shank Drill 16t Duet tape- Roberts 11/8" Dust DIOR CorddvaNuisance pi'oledto.501iack Electrical Tape Firc.Exthrguisher- l4iddie single use Vlitlti- purpose Flashlight s- Mag- l,ite-Miai:wllh holster +2AA Gas.& iNttter sl•Lgtoff kay - Orbit ..__ . -- - Glass cutter` - 9 12" Gloves.- G &F Cut resistatAKOYlar Goggles -MSA Safety 146rks Cltemlcal Hack saw - Stanley. 12" 1laimner - plmnb Handsaws - Fltmax 15 in. Saw withBladeArmor 13arclhai- 3M Tekk. Hoe - Ames Gat•den l;autern SOS Hugiicano With 22 oz oil marldug w•ayonstpons - C.H. Cumbor(red/yellow) Nails - SlmpsorPl4 /2 SD& 31/210D -5 pound box Pick -Atlas 2 1 /2.pound Zip ties - GarudnerBonder 11" & 24" - 500 pack Pre d'utwood m-lbbbg- Ptybar - $iauly 24'•''Ripping P.idley F[olst SQS• Heavy T)uty Rope - SOS Poly Trucic 313" Safety Cdne - 3M 18" Orange Screwdrivers Flat & Pblllips assorted sizes -Husky 40 piece Slrovol - Atnes Teu Tempe[. Square 48" Shovel - Ames.Tru.Temper Squarr 48" SledgekImnmer - Atlas tools:.16 pound Two jvay Rddios - h�otoiola 16 rhilb Wheelbarrow - True Temper '6 cu ft steel Wrenches - klasky 32 assorted Y- 14 of 66 LIST OF ITEMS TO STORED IN THE ITCH'S 'CONTAINER F6 Ass : -�-i MEDICAL SUPPLIES & TRIAGE AED De6brilator flit (and ref ii supplies) Bottled water Case Blankets SOS polyester First.Aid.6aldo NSC SOS First Aid-KiCSOS Industrial for 75 Lntexgloves SOS 100 pack (large & medium) Non -lntex gloves (large and medium) Safety. Mate Splints - SOS Ain SOS hand /Wrist SOS Leg Stretcher - SOS 2 pole Triagc tags SOS 50 pack Tringo Tape SOS Yellow/Iied/Black (use in lien of triage lags) Triagotarps: Yellow /Red /'Black SOS OTHER .4�' `�.'�•'�; -, ti i r'x %- .:::i;.a +. � rs.r;:i'�.iti.°r��t t� :��;� f' SANITATION .Portable toilet SOS.Hassock Portable Chemical Toilet Bugs SOS 250 pack , Toiletpaper SOS double ply Palier°towels - Bounty -12 pack Costco Waterless eland sanitizes SOS 16oz Privacy shelter (for toilet) SOS Sheet 2 15 of 66 Sheet 3 LIST OF ITEMS TO STORED IN THE ITCA'S CONTAINER IP1C10ENTC0M:_A lll:G�NTER Electrical Genemtor- Huslcy3, 650 -Watt Gnsolinepoweted Sabarti cngino Spider dos 100 foot heavy dubj (12 guage).power cord -Husky Pleat& work lights - Designers Edge 1200 Watt Halogen Power Gas can 5 gallon DO to AC convener Ball siphmxhose with hand /Coot pump Administration 3 x5 cards AM /FM /Marine Radio - .portable /battery Boitled.water for CERT Conmtand Center Canopy with side and entry panels. CERT Nfauuat Clip board Corkboard File folders rile storage box Poldingohnir Folding table Paper clips Pens & Pencils Portable toilet and supplies Post -li Notes Push pins Stapler Tape Wbifo-board While board markors and, eraser Yellow tablet's 8 112x Co_ mmunications Two w4y Radios - Motorola 10 mile GMRS Dual Service Radio (22 channel1) -t'suppl.i00' 16 of 66 •� � , �) i, ,i, � � , iii I I I i .,� � � ��� � I i � � �-.' ��� �� �' Attachment E Agenda Item No. _5A October 20U 2, TO: Parks, Beaches & Recreation Commission FROM: Recreation Department Laura Detweiler, Rec & Sr Service Director - 949 - 644 -3157, LDetweiler @newportbeachca.gov PREPARED BY: Sean Levin, Recreation Superintendent 949 - 644 -3159, SLevin @newportbeachca.gov TITLE: Proposed Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park ABSTRACT: The Irvine Terrace Community Association requests approval to install a Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park which requires City Council approval of an encroachment permit. RECOMMENDATION: Forward a recommendation to City Council for approval of an encroachment permit to allow Irvine Terrace Community Association to install a Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Irvine Terrace Community Association (ITCA) is requesting to install a Community Emergency Preparedness Supply (CEPS) Storage Container within Irvine Terrace Park adjacent to the intersection of Evita Drive and Chubasco Drive. Several Irvine Terrace residents, as well as, members of the ITCA Board of Directors have completed the required training and are active members of the Newport Beach Fire Department Community Emergency Response Team (CERT) program. As part of CERT training the Newport Beach Fire Department encourages, as directed by Federal Emergency Management Agency (FEMA), residents to organize emergency supplies and materials in at least two locations; (1) at their homes for immediate family use; and (2) within the community to aid community residents and neighbors. 17 of 66 Proposed Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park October 02, 2012 Page 2 The storage location within the community is recommended to be in a location that is easily accessible to the City's emergency responders and central to the residents being served. These centralized locations are typically located on community association property, such as Clubhouses, community pool areas, etc. ITCA does not own any property; therefore, ITCA requests permission to install the CEPS container in Irvine Terrace Park. The CEPS container is proposed to be located near the restroom facility adjacent to the block wall near East Coast Highway (Attachment A). The proposed CEPS storage container would not impact programmed or drop in use of the park. The 10 -foot wide by 20 -foot long by 10 -foot tall CEPS container will house emergency equipment (Attachment B) and will service an Operations Command Post for the Irvine Terrace community in the event of an emergency. Newport Beach Fire Department staff has reviewed and approved the list of emergency equipment to be stored in the container. Modifications to the approved list of equipment will require review by the Newport Beach Fire Department. The storage container will be painted to match the existing restroom facility and will be secured by padlock. ITCA board of directors and the City of Newport Beach Fire Department will have access to the container. The following modifications to Irvine Terrace Park will need to be made to accommodate the CEPS container; all proposed work will be performed by the ITCA contractor at the expense of the Association (Attachment C): -Minor grading around proposed container area; -Installation of a 10 -foot wide by 30 -foot long by 3.5 -inch thick concrete slab and curb; and -Existing park irrigation and landscaping will be modified per the direction of the Municipal Operations Department. Upon completion of the installation of the CEPS container ITCA shall maintain the permitted improvements in accordance with generally prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. Additionally, the association shall maintain the required general liability insurance policy and paint the exterior of the container to match the existing restroom facility and add any additional screening as directed by the City. A draft of the City Council staff report is attached (Attachment D) which includes a draft encroachment permit and letter of request from the ITCA. NOTICING: The agenda item has been noticed to 43 residents within 300 feet of Irvine Terrace park according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 18 of 66 Proposed Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park October 02, 2012 Page 3 Attachments: A. Location Map B. Equipment List C. Site Map D. Draft Public Works City Council Report 19 of 66 ATTACHMENTA LOCATION MAP COMMUNITY EMERGENCY PREPAREDNESS SUPPLY' STORAGECONTAINER 20 of 66 Attachment B Equipment List Meet. 1 t6 ,TOR.E8j MINE IBC ER RCSCUE Ta01..S.8r CQl11f�MLaV i SfrcfcNG` " QUePo1i1 �) r�fclYer($OSSgrvivul�Prad�icfs) ClrecicwiltiN9['arnul edit 's(I4JairB.)'fbr:uldifuifs�- �'colsRG�qutpiiiC!1C' " Bdtteties "t�k' = $dargizar3b�pncic .E3ptteries `47!' - BueegTzer4lincic - Qso- 23"Ciroppmp . BoJtcutter•,W(?9 06mc24L` CEti'1' Seaic11600�s ti)tiar /pi)pnaefy T 7[8" pint' @clo.'50 p "acic 'OloVes;= C3 &FGiit resistAne,I�ovlm' : ., G 'uggleS= M3k3ofefyWorlaGitnmlop( " flac7is "usw "S.tartley 12" I•Smnulu>! = IiLUn ;li ta3ad saws• I?t<arioX- IS in.Snw . JAlWeAtiuor ' TAX. p- Hae.y'Amp- Un•do_n . Lame gnSbs•)AIv a�newit11.22oz -n - Mow lirg of nyoits /pegs - C.U. l uultior (101YOW) Nally - Siuilfsoml 1/2 81M 3. [72 TOD: -1 Pomi;l BoX' Piok -A642 U2tlto6ltd Lip ti89 - GeendnAr,i3ender Cl'" & ?,4' "- -500 paolc. pieco Ames. Tryo muo.. )U8ealbarrUw., TiUe.Teiupei''Si.oji; ft sleAl 1yl'erlclle9 �F.[usley 3.2• nssoi•(ctf r LI5' OF ITEMS TO STORiD 6611. HE' CONTAINER NIEOICAL -4u s, it,'1'IilAGE5 AP,D Def bfjlaior j(It @Ad rallI t sopplieS) Holileil tiyufeY Case Blankets SOS polyester , . lrscntd.QW&ANSC 9QS" ' .1?Irat �i{LK1f$pS 1pditsti•ipl for 75. Liltoxglo'Ves.SOS 100 park (tmgek mcdium} Non- lgfexgloves (Iarg�.andaitadtim} Snfety:Mafa . 1pllids - SOS A'A. SOS Aaud /V, lslt SOS Leg: Strelbher' -'gOS 2.po16 , .Triage tugs SOS 30 -pack Trlago Tepe SOS'7iel[awLlZed %Bluck(usc bit Iteu.of fl)nge legs) Trtngcaarps: Yellow /tied. /Black 809 OTBBIC I;,, t4''`'1tiV=*:` �! #h: �u i•�''�`t(}�'':i�'� wij'"�."�: `1FC,�]P +�„._n:•h`•'i,� SANITATION Yorlab1e' toiletSOS }InssockPol2n>iae,CLemfcal �ctlleQ B Qs, SQS 250 pack , • Toll�tpnpbr$OSdou�lcltly ' PapoF °coivels - Bounty 6Zpack C6sfuo WAterlcss!'Intld9auitzen'S(79 f6'oa PrlvncygTtelter(fortbffat }SOS shbei : Z 22 of 66 LIST OF 17E . NIS . TO.SToREb-jj41 THE lC6WAINER' K . 'Ls .'NT C-()'MMM .1,650A im Spider Uos 106 foot heavy. l hts-Am ig 13(lgo 1200 Wi RTlalogon Cm can 5 Ball-all D(5 to AC cmvolicr 13BIV Adnuiilsfrolfod Canopy olts do I Yblloar lablols ij, ...Dum!S as Sheetl 23 of 66 stui, inq (M*nt M.b WN na CGNMUEPA�NS mw.. LAWN IRVINE TERRACE PARIC 0 JOB ADORE= F.C. IRVCtETQirIiACE WK PLOTFIAN.. FOR RIAERG NC Si GPA6ECONTGI'c l7r, jam P. RZ IRVINETERRACE.COMMUNIl'.Y'.ASSOQLATI(DN'EMERGENCY STORAGE BUILDING Peenc Coast Hwy, i-ei3 77, IL 10 stui, inq (M*nt M.b WN na CGNMUEPA�NS mw.. LAWN IRVINE TERRACE PARIC 0 JOB ADORE= F.C. IRVCtETQirIiACE WK PLOTFIAN.. FOR RIAERG NC Si GPA6ECONTGI'c l7r, jam P. RZ IP,X;INE TERRACE COMMUNITY TIOWEMERGENCY STORAGE BUILDIK(� .ASSO.CIA DA < 7f S 'TION EL A- A Phih W60 Detail :A JOB PDDrLcSG: rtca EAfERGENCY 9DILDING AT F MAN • FCR QtiRGQICN sump vT S-2 = CITY OF aEWnORT 0 1 r e Ui� EW.r'0II1�ii, tll 8EACH City Council Staff Report Agenda Item No. September 25, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU el- i FROM: Public Works Department David Webb, Public Works Director ?�' - 949- 644 -3311, dwebb(a),newpodbeachca.gov, a ' Recreation and Senior Services Department !f — .. Laura Delweiler, Recreation and Senior Services�;Director,,- 949 - 644 -3157, Idetweiler(onewportbeachca:eov 'r.. > <% 7 PREPARED BY: David Keely, Senior Civil Engineer s;tY� � A APPROVED: TITLE: Proposed Community Er ergetly,'' ire p`'redne s Supply Storage Container Encroachment within Pethe rly il�an FAtgreem' nt 01p2 0225) f . ABSTRACT:, The Irvine Terrance Corpm(�rilf% Assoclaliori requests approval to install a Community Emergency Preparedness it Storage Container within Irvine Terrace Park. Tr RECOMMENDATION: `y' & "` OR. i"v''i.ia,. 1. Allow the Jly for Ater Into an Encroachment Agreement with the Irvine - Terrace ueG•: r Communii� Assoeation for the installation of a Community Emergency Prep r,'cinesSt�Sup ly Storage Container within Irvine Terrace Park, contingent upon�, ll condi'tl'c'ns of the Encroachment Permit process being. met. Authorize the ' ,rrCily�Manager to execute the Encroachment Agreement. .c.'z'r' '\44- iii' FUNDINGtRE UIREMENTS: -,gA. No`x iscalImpact Thegis no fiscal impact related to this item. DISCUSSION: The Irvine Terrace Community Association (ITCA) is requesting to install a Community Emergency Preparedness Supply (CEPS) Storage Container within Irvine Terrace Park 26 of 66 Proposed Community Emergency Preparedness Supply Storage Container within the Irvine Terrace Part(- Approval of Encroachment Permit and Agreement (N2012 -0225) September25, 2012 Page 2 .. .. adjacent to the intersection of Evlta Drive and Chubasco Drive. Several Irvine Terrace = ' residents, as well as, members of the ITCA Board of Directors have completed the required training and are active members of the Newport Beach Fire Department W Community Emergency Response Team (CERT) program. As part of CERTIraining the Newport Beach Fire Department encourages, as directed by Federal Emefgency ' Management Agency (FEMA), residents to organize emergency supplies andhnafe pads in at least two locations; (1) at their homes for immediate family use; and (2) i;�ithin'thtray e 5� _ community to aid community residents and neighbors. ' 1 The storage location within the community is recommended to be in;, I anon hal is easily accessible to the City's emergency responders and central toll residents being served. These centralized locations are typically located on com unity; ssociallon ' property, such as Clubhouses, community pool areas, eto..dITCA1 _oes not own any ., mow... property; therefore, ITCA requests permission to install 1h$C� CEPS�:c�onlainer in Irvine . t.S I Terrace Park. The CEPS container is proposed to be locate nea�tlie restroom facility v��:. _.. > adjacent to the block wall near East Coast Highway..�LAItacFim nt A). The proposed CEPS storage container would not Impact programp ed,o;`d_rpp in'u, e of the park. - Ay The 10 -foot wide by 20 -fool long by 10- fobhtall CEPcontamer will house emergency tiH° �-:: equipment (Attachment B) and will seNice aril peraltons Command Post for the Irvine Terrace community in the event of a9' merget((sy ewport Beach Fire Department staff '• ;; �::g >r:i > ^:; '�:�... has reviewed and approved the lisf;;`ehiergency equipment to be stored in the container. Modifications to the approve l list of equipment will require review by the ` •_.::.- +` }s 9t ",:'':'''ii" t Newport Beach Fire Department. The storage container will be painted to match the existing restroom facility _anII be secured by padlock. ITCA board of directors and the City of Newport Bead Fifek0eparlment will have access to the container. - <`• �;`: +•= `'' ' ' ': The following modifcali nRogrvine Fenace Park will need to be made to accommodate -s the CEPS contalnerrall.�ropb ad work will be performed by the ITCA contractor at the - expense of the Associallbn (Al�achment C): - - 3y' " ?a Ly ww o Minor') WinQarotgnd proposed container area; IF-'v Install atien of a 10 -foot wide by 30 -foot long by 3.5 -inch thick concrete slab and o. Exis) hg park irrigation and landscaping will be modified per the direction of the =5, Mfclpal Operations Department. -R. Upoii mpletfon of the installation of the CEPS container ITCA shall: - o Maintain the permitted improvements in accordance with generally prevailing standards of maintenance, and pay all costs and expenses incurred in doing so; 27 of 66 Proposed Community Emergency Preparedness Supply Storage Container within the Irvine Terrace Park — Approval of Encroachment Permit and Agreement (N2012 -0225) September 25, 2092 Page .. Maintain a general liability insurance policy in the amount of not less than One Million Dollars ($1;000,000) per occurrence for injuries to persons or damages to property, that may arise from or in connection with the work performed under ' this Agreement by HOA, its agents, representatives, employees_ or subcontractors, or which may arise from or in connection with the design, construction, operation, maintenance or continued existence of the ArR or Existing Improvements. If commercial general liability insurance oraother form with a general aggregate limit is used, whether the general aggr I shaj)� apply separately to the work to be performed under this Ag �eemeritior the cr>) general aggregate limit . shall be at least twice the required occurr "rence��limif and o Paint the exterior of the container to match the existing restroohiifapility and add any additional screening as directed by the City"• - Typically, encroachment requests of this nature not covers 11under,� Council Policy L -G - would only require City Council review and approval,;;;hQfve4e"`sffice this requests is XR within a City Park staff requested a recommendation ,f`ratq Ih'aWarks, Beaches and .. Recreation (PBR) Commission The request to install to CEPS Container went before the PBR Commission on ':r t' 20A2�? PBR com issio�i recommended approval of_,_ commen[[�17 Inve[ttlSl oonca npproved tit the container contingent upon all condg)ons of the.En�roa'chmeni Permit process is met and an encroachment agreement isAecutedS[oFlheFsaid improvements. v ENVIRONMENTAL REVIEW: Staff recommends the Qiiy,ouncil find this project exempt from the California Environmental QualityrzAcir.(r`CGQA ") pursuant to Section 15301 (Class 1 Existing Facilities) of the CEQA "'fofi' D MA'-,Guidelines, California Code of Regulations, Title 14, Chapter 3, becaus'Wii {jt>�has` "Ro potential to have a significant effect on the ; environment. NOTICING: The_aggnda•ifem has been noticed according to the Brown Act (72 hours in advance of I h'WYMN ing afWhich the fly Council considers the item). x Submitted by: �- ;4��•,:.y 28 'of 66 29 of 66 ATTACHMENT A LOCATION MAP COMMUNITY EMERGENCY PREPAREDNESS SUPPLY STORAGE CONTANER 30 of 66 Attachment B Equipment USL 5�h PL %t, J- , SLYORED-11\1 THE A S ..MMTAIfC1o. -lt�ARGH& RES ClIg—Tboi..S ' dl) erolilShetclfiet� .($O5$urvla�al'('rodncfs). .' r or.[c Toois • E'li"Poi6kt . & Cho'PI)IIIA 'lace Strol�lit�SlinnlcDrlllfS.i_r. L.,ui jjb6 2 (red/y6jlo.%V) 1. J2!,'0D - LIST b � �CfVis "U`� 5. 1O- tb IN *,E,. c:a'it`t M;rl NtEDiw- S111?P E Ut TRIAGE' ArD T)AVIliitoe Mf (nnd,refill supPliea)' Bottled ilVer'Case Blaitlrefs SOS polyester . .VitslAid QuideNSC SO$. Flf''st Aid3GGSgS bdusli lul f'or 75- LI.toS gloves.SOS 100 Peck (large:& rnedlum) Non- intexglovesQt rge.nucltitedlantj Sately.&fAte Spllnfs- SOSAsin , SUS MandiwrIg SOS Leg; SfretAg, SOS 2 pg16 Triage tags $OS 50 -(niok TrWgaTapeSOSYoU0WI1Ze IM ak(use.iir1ign:oftriagetags) Trlaptarps: Yellow /,fled. %BlaekSO$ OTMIIX Y.....;,,: u� •Rk:= .ee:rStis }4att(...T� *r,A� .. +d:: .:= 'Y!'Lt^w�;:T; s:: i„(A��:i?J]9.nr.! i .:}%:. �.�4•t. 9AWITATION ' Porlrible. tailor •SOS.HtlssockPoe�ablaCLomitnf - Tollot Bags, SQS 250 Paok Tolle €paler SOS double. ily - Petiep4 'owels= Hoiinty6 IZ.pgdkCbsfcu. VJitm]essHandsnni7lzerSUS 16m; ' 1'rlvncysUeher(fostollet)SOS d: Sheet 2 32 of 66 afield, 8• alp or nrEms ao STOORED ;IN T&AE �._ WCIDENT C01111�G� 131it(�D,.(�._ENi[Fl --�. Gznoiutor -]iusi y9;6YO ti1�nl4GnSOlino Pov7crdd Sulinru oiigf h S,pidCr dox IUQ;foot heavy duty,-(12 guage)_hower cord - HusICY Elech'10 wm7c liglits•- besljniels)3dgo t2U0 V✓aftTinlogan Power 618 Can 5 vifon DC to AC eouv6i{al 13alfsijfltonLose iVitli.lirind/footpAUtp Radio - :p6rtabl6 /battery t.CBRT Canunada i3ehi6r i an'd entryNanels, Poi:tali79 Toilet and supplies TOAL41J6 tea :Ppstipllis Stapler. 'V✓liitobgnrd , WliitObbard:markeesiind�era'ser Yalluivlublefs�8.[fZxll ?. _ ' • "�ot7nttpplaaHans _ Ty}p!Sy1Y 2q(Ilos:�Mnforoln.,10 mile•' ' OMRS'Diial SeM60 Radio (22 cLadnefs)`'. { <sopplias'a 33 of 66 S C C I Ll JRVINI ; TERRACE, COMMUNITY 'ASSO'GIATION:EMERC,ENCY STORAGE BUILDING '�1J1 ' .w:atncetca lat¢: {!'�i1 O mrc:nvm- aexvevtv.xmr. aed l'Sv>!.appul L f yc rpl�nLtduBlrytvnaR <utplee`- ;�vwnenAeeUny 111 "' " c B hmmpcaGtlnr<v. -.oete GCTCCp- titlel<MMLM:OyI¢ pana7:Gtcolen.. P. aciEc_ Coat. Nvy.. ' < ILI]0'z3tlCO19veL _ pc'uBncsAeyy palptmm:. �/ N pmemwrtrR bcida. .• •. - z1A ._ .. __ . -. o N.ealHgla�netMpYenYC�z ;aP -iretl pclxedrtemnvr. . IPA ' PA . 'O �5\. �`` �co�NC.• n =ne<:etauatepmacanuop<p:.uns�r, t 't —�ti x30'COncretc slab.E arb a+.lkO col '� - a IAPptc�<scccndrcw.�cabcc�Gnptm lL;mm+?BF.v:ml urceuwapeeceyernrme�aammmas +l'nmim >o:P�p;- - ce,m.u�t rdm:n�m� Y .Q^ ,b'�F20'stetlCOMa;nRJ (Paincte match(' -ILL. ` wG/E PALING _ - IRVINE 'TERRACE PARK 0 33e ^� s F u, FF--tt O d z<u w a Q. n. R R U` n C'r n t JJB AOOgE$S r r TGl (U 1t,EiGENCY 31111OINGAT 3 ;iVINETERRAGE � PAWf 'C$ FORR M a 5foR:.GEp!lCAIt. ?au:' WlOttnl ' p«c e:ms. mANiC 4y JCf, ih; FkNi2: S_1 t '0MMUM A�sQ��Afib' ffy. k:EMERGENCY:ST0RAGE BUILDING RVINETERRA -,C < lid !SECT101\1 5' A- -A! .Secti6o.! m RCA AT tm%s �E hmifbn:121p 6- L PAtIC FWTI" FOR.. . MEN& : LIif $M GSCONMNEN 'Plan View Detail A I RECORDING REQUESTED�BYAND VVkh REC'o.RbEQ kETOR14101 Publio-WqrI(s-Depaitmeht Pity of Newport.Beach P':0. Box 176$ Newport Beach., C_A­9?§50-89151' Attachment D space Move Wsjiflq ENCROACHMENT' Ad R:EEMENY-: (EPN THIS ENCROACHIVIENTAGREEMENT (Agrdbment"), is made and entered Into this day of 2012; V b, and -between tho Irvine Terrace Cdrriufflhity Association, 1 California nonprofit corp6ration. ("HON'), and the City of Newport 13bachi California, a Ca"lifo.rnIa municipal. corociratlon organized and existing undbr and by virtue. of its Chatter and the Constitution and' the laws of the State - of California ('City"). VVITNI59,SEYH: WHEREAS, City is the owner of certain real pr6pprty in the CRV1 of Nbwport. Beach located 1 :0. Oarlt and legally described as ntthe Irvine Terrace Tract at Irvine Terrac Lots 93, 181 and a Portion of Lot A of Tract 281.3 as shown on a map. rec6rd6d..in Rook 94, Pages 45 through 47 inclusively of Miscellaneous Maps in the office of the: County Recorder of Orange COLIMY, County Assbs'sbr's Phrcq) Number 05Q- 360-02 _and 66p- 263 -24 ( "Proper e):. WHEREAS- HOA desires to- construct, certdI4 r1pa= stan-datcl- impr6yeri).ents as further described herein (".Permitted Improvements") Mthlnlhe Pi't ropq.yx WHEREAS. said Permitted' Improve 'en&. May interfere & in M6 futWe with City's .ability tb construct, operate, Maintain, alit r @place City and alher-piyblic facilifies. tind- .Imp.r6v.fjm, onts Within the Proporly;:,:md WHEREAS, ffie parties heret6 de: sire to enter this Adr66ment: -providing- for fulfillment of the: c6fiditjohs req'uifed by City to to FJOYX f- borfiltruciva6d m.060in pqrmi t bald Permitted Improvements... .N6W,'TH[EREF0kE, in cons iMatiori-of the- multup[pro s" -t1 -P. h t6 uni as. -1� ar�lqs e e... agree As, talows,-, I.- It is mUt ally.bdrdk that Pe'rffiitt6d liiiprover>ior fsaijall b&::d6fi & Jf. �b,! 36 of 66 A- A '10 -foot Wide by 26-foot long-by-1 0-.fQot fall Cbmi-hunity. I-- . mbi-gency Prop@rqdness Supply (CEPS) container Aof:stbrO emergency jresponse*dqUII)rbqht and- sul5plieg within'Me P.ropprty, all ecipipm(int and supplies shall be approved by City's; PubliGWorks and the R46 Dopbrtmehts;- A. i2-foot wide by 30 -fo6t long concrete sIzib and 6L'Irb Wall within the Property rqpeqy -as shown on EXHIBIT PA" Mac - hed here - to _. and as, approved 'by "the Public Works Dep�rtn�6nt The GE­P'S,ohtaIhetwIfI 6 on to bf the concrete slab, . . . . . % . . . tie �i6ded` ' ' .13 . . 16 addltibh,. if any of the Permitted Improvements ackWly'built or - Installed dLirin'g the tirne of construction vary.frorq the Permitted lrnp_rovem.e'nfis approved h erein, such Variations or. changes Must . be approved- in advance by. the. Public. Wdrim DoOartii OM and sh,-5II'be'sI:iown: on thb "As Built" pla* 2�.- City. will permit HOA to construct, rbcPnstrU.ct,. 1.nstali, . rnaintain,.'use, 9j)er.ate, repair and rpplace'gald Permitted Improvements . and'- bpoin . lerrarides incidental, t - h6jro'fb, Wilhlri'a OMioh of the Property;' if in subsiantial cohforriiance.'With the pi and file in te . 0 . it . y and. attach&d hereto' �i§ Exhibit' "A:'' h' t vill r)!" -es §bd�y' br f6i'ther allow. HOA to W(e :611 reisofiablq 'measure's nece y cbriv.6iiie.hHa apborn'011Ahig the aforeqepa-adtiv(ties. 'R!gtits.-.g,i-an.ted.'un'ddrth'is Ag-r'6ehi'e'n't-'m'a'y-'b'e'tei.mih6liBd by isit y. with or without. . hPuf cause and At - anVtime without notice The'Gity shall ffiaj4 gbOd faith '-efforts to provide'notice sIX(y (60) Clays In: advance roftermination Specifying in said'.noiibe the date.of termination. Cltyshallj ncur n6. (lability whatsoever in the event& the termination.: of. this Agreement; pr p0seq-'u'p6"t removal of the Pe.rmlftqd I p _4M4n lqy:0(ty. 4.;. WA, :'an'd City f ither a&eb a"-:followQ': A. ..HQA may construct and Install :-Permitted imo?oy ements :and appUitenances incidental thereto,. in substantial :conformance . with: the Pang and: specification's on file in At e Cit Public WOfi< s'De'paftnieht,.e(ndasdesot-lbed i Qri-E "X hibit.' hd'etb, Q. -HOA sh611 maintain the Porm'itt6d'.Irnprov6ments. -in k66rd6n6e `with generally prevailing sfandar& of Maintenance; :itrid,pay all cost's and. expenses: ihc6ri6d: In dojn_§­§Q,' However; nbil'ift'hereif-i shall 'be':'c'onstr d to.-r&qLiire Hokto'm'l maintain,. .agn, :replace in, or urf er saj � ..p ace or repair any City--oWned p1p..ejIn&*: C*OhdUit or cable (bfdted d' id- Pei, , '4�; 0 m iYWOOmen s except as Othgmise pi6v'ided-hk*eln. C. It - City or oth614 are damaged by y th& .qQq.5tr.dcti6h., instOlIdtlo-n or p p�e MQo- of Per�iited "IrVp rovorn 66. t S Yesoon6iblie fol -.ahq. and all co's't ppja 'f' 'I Q r rs, M City. Pbrnilftbd']'rnol'(j'VeM66f§.t6- its :associated ,Vvith-ft Pfop6rty;.1661udihg-but '.Oot liffiited to,-:ffie: repair, re Wa replacement enlargement -.exis ri or 37 of 66 6166g OJW h-' 12. public facilities or improvements;: City, may i6inove port o of the F'eimtted Inprovementsy as. required, and irrsuch-even(. 1) City shall notify HOA in advance. of its Iniention to ad c.0 sh Sueli Worl(,.. provided-that an etne'gency situation does not Oxisf.. ii). HOA shall. be . responsible for arranging -foi: any renewal,'.l :eptacem6ht„ or restoration of the Permitted. Improvements affected. by such Work lby Cky... iii)' City agrees to . bear. only the cost of any remoyal; of the Permitted Improvements affected by-sucit•worl( qy city; iv) HOA agrees to pay all costs for the renewal; .replacEirn6nt, or `restorations df the Permitted Improvements. 5, bs the event either party breaches any m6teria1 provision of this Agi`eetiieht, the other patty at its option may, in ad'dition.to the other` legal reiriedles aVailahle to it, terminate this Agreement, .and, in the event the bre_aoliing- par -J! HQAi'City, may enter and said Permitted I.mprove.Ments and, .remove all. or` pail of the improvements installed 6y. HOA. r4min6tion: because of: breach slid! be upon a minimum of ten (9 0) day notice, wish -th-a hofico specifying the date of'terrninatl'on: In the event of litigation,..commenced with respect to any term of Gogdition of this Agre_ emont, the pieyailing. party sCiall not be entitled to'reasonable, attorneys fees- -a costs incurred:. . 6.. HOA shalt defend, indemnify and hold .harmless City,.; H. City CoUnG(I, :boards: and co'mmissfons,. officers and employees frejrls Tnd against any ant all loss; damage,. liability, clalms, suits, costs and expenses whatsoever; including, reasonable attorneys' fees, regardless. of the nmrit;.or oUtcornd of an.ysuch ;qja m or: snit arising from or in any manner connected 'with th'e design;. construction,. maintenance; or continued existence of the. Permitted., Improvements; 7. FIOA. agrees that this Agreement shalll.yemain in full..foree -:6100 etfiect.V61i:- oxecution thereof;. shalt be hindthg upon the heirs, successors; and Assigns of-. HOA. 8. The'Iaws, of fhe State of California shali . govern.thls;Aidreement: and all tiaatters 'relating. to. it: and . arty aotion brought relating to this Agreement stiall -be adjudicated in a.courf.ofcompetehtJurisdicifon In the County of Orange. . 9, The terms of this Agre5oiient.shaltbe:constiruod iii accordance with (h6 i- e"ahing of the language used and shall rwt be construed for or against either party b.y reason.gf the autliorsitip .of the Agreerriont or any other- rul'e..of construction which triig"ht otfieiwise apply. 10:: -This Agi:oement represenfs•tf a full and complete itndefsi5nding: of every. Rind or nature whatsoever lietwe fhe: parties Hereto, and ill plel'iminary hegotlatiops, 38 of 66 fiicroac. hineptAgr'eenient P!a 0.0 l 3 . and agreet'notIts of whatsoever kind or nature are merged herein. No verbal al 4gmenient or. implied cotenant shall be field to vary tHb provisiohs herein, '11. A-waiver by efther party of any breach,' of -any term, covenant or oandition contained herein s:liall not be debyhed to 156 aT walv'& of any subsequent breach of the sahie or arty other term, covenant or 6ondit! o n contained " herein, 7 whether n of the same or a. different 6h6rac ...Q .ter. 12. HOA shill at HONs.own cost and expense comply with. all statutes_ , ordifianc"es, rdgulatlohs.an � d.0 requirements of qIIgpvemrnehtal Ontitles., including federal, state, county-or MunjGip'4l,,-Whether now In force or herein afte'r..e.n.actoa and.tpqdiflcally -of. *0 - Newport Beach: Municipal p� included, but: not limited to provisions w 91 Code relating to hours when, no. persons shqll enter the FroPerly. 13. If any term or portion of this Agreement is held q be invalid, illegal, or otherwis'd unenforceable by -a i court of competent jjdsqlction,. J4 remaining pybvis!.Ms of th is Agreement s h a if. c6 nt! 6 e in full force and. effect. 14. HOA s I 411 obtalrl,'Orov de and win.taini, aft,its sole dos�tand expense, policies of liability Insurance of . the . type q and amounts. d66cr'16e'd- beIcLw. and Ina form satisfactory to-City; . and shblljequire-1 . n. all of its contracts with any contr6etor's . . . .. .- ': . - - a '. : . ' that perform any dpslgn,'In-stalldtioni.ma.in!enahc.6 (it otli&. work ih d61n"In.ecticifi with City Property tha such contractors also provid6 same �ae Osur6nop cove.ragesas outlih.ed hereik GeOification of all yeguired polloles.shall b6'signed -Uy.'� person. aLjthorfz' d`b:"th'aflhsu-r�er to bind:'co�.erag8s on Its behalf -and sh - all: -.Y be. filed with City prior to performance. of any WOrI( on or within, City Property. i'vd-kers compensation and any arrqfs and omissions coverage, .111 =.dt:polldles shall, the- extent "covbi . ages . is d pro l V _pd gpdar such.pblici e-'s, add City, 6 dlb6tad 6ffiritils, oftice'r,agdnf:5, rOpfe§ehtatiyes- and e . mployees ,as. . aj "a! insured - 0.11.16n foir all WhIlIfy arising fiorn-'suldi'Work related to City Property: Insuran-be polloies for . t . he'foi I [owing coverages, with h original erid,or rnents related' to the. IM'prQ.v'em'ehqis,, shall be issued by. cf?Tpan.ips approved or licensod to. Q business ' In California and assigned IBEist's ArVI] or.bither r'afing. a"qcipf.ablo to City;. A.. Qq\tpragp'Requh'prnOnt6 I. Wor'ker'&-.Coiipensatlorr CoJerad&. HC.)A. shall. . ' maintain: Workers' Z 6ip0n§atI6.h Insurance and EnUkqer'slabilify Insurande for lts empioyees. n a ccordance with the' Jaws.q.%t - fie. . State of California. In . addition ' HOA shall r6quire each Qtq6, ritmator to. similarly malotElln. addition, Compensations 'insui':ance and.: Employ Liability Insurance in. aoc69:daiice , to caws of the State 4 Q61iffirnia, for. alli. Any notice Of'cancbII6tkDh Or Ron -.re f renewal' CbMpel�OKIbn; In'sur ance- policies. jiju§t IJ& received by City at least thlrty'(3.P), calendar: Oa'yS '(10: 39 of 66 calendar' days written: n6tico of; neh- payment of premium), prior to s.ucl change.: The: insurer :shall agree to Waive all - rights of subrogation against City; its officers, agents, employees and Volunteers for losses arising troth worlt performed by HQA or Its agbco itractors for City. ii. Goneral Liability Cbueraae: HOA shall: mairitaln: for the duration of this License, a geheratliability insurance policy in the amount of not less than One INillion Dollars ($1;000,000) per occurance for. inju uies to persons or'damage8 to proporiy, that may arise from or in cohneetiolr with -the:'worle peiformed under this Agreement by HOA, Its agents; r4presentatiVes, employees or subcontractors, or which May arlse. from or ii�,connectipn With the design, construction, operation, maintenance or cor}tiii4ied existence of the New or Existing Improvements. If comriiercial general. liability' insurance or otherform with a general aggregate limit is used, wither the general aggregate. limit .shall. apply Separately to the'. woi9< tb be performed under this Agreement,. or the generaIz . aggregate limit shall be at. leasfiwfce the required occurrorice liiiiit: iii. Automobile. Liabilrly Coverapea HOA shall maintain for the•duration of this Licelise,. dutomobilo irisurlhce covering bodily injury and property damage for -all activities 6f_ HOA, its agents, .representatlVes; employees, or subcontractors that May arise from or in Onnection 'with 'tlie. work -to bo` porfoi'ned ;under this Agreement;: iociuding coverage f or any owned,; hired,: non -owned or recited vehicles, in an airioun't not less than bile Million Dollars ($d,000;1J00) corribrned singfelimitfor each oocurrence. B. For' any -contractors providFny design serulces; professlonal - errors and' omisslon3 Insuranco shall be required, which Goyers the serv6s to* perfiorrried in connectio' h. wiih-'tlie Approved Ohs ol: landscal ing to . be installedon: or within City Property; In the!minimurn Mo.' nt`.of One.MiilI n'Dollars.($9;;000;000;): C, Endorsements; Each gehei:al liability and automobile liability Insurance - policy shall be endorsed with the followllig language; I. The City,,. its elected or appointed.ofilceis, offldals, -employees,. agents and' volunteers are to: be. covered as' additional, insgred. with respect to liability arising out of vwe*.per 6rhled be or.oh behalf of the HOP,. lip.: Thls.policy shall be. cohsldei`ezl;prtlnary insurance as respect to City; . "its elected: orppoinCed officers;. officials, employees, agents and volunteers as respects to.all claims, losses,; or liability ansing. directly of indirectly fjom HOks operation of senates provided to_ City.; Airy Insurance. tnainfained:by CIfY; 7li6luding: any, self ifisured: 40 of 66 Etfr,Yoaclunent.Agreemenf r A60 6s: retention CIty-may IuOve shall-be-con6lderej oxc6ss ifisundlibbol ly and, not contributory. with the- MSLIrc�iric . e proV.Jded h6i"e'undbf.. IHI ThI6 insurari6e. shall'dci for each insured 'and. though a -separate policy had been wrRfQn foreach', except witif-ft respect to the limits of Ilibili(y-of the 1hp6-ihg comp,64. iv. Insurer waives all rights of subrogcMon agqjnst.Cit y its elected . _0 Q!- appointed officers, officials, employees, agbbts and Voldrite6rs, V. Any failure to comply with re portlng'prqvislons of the policies shall d ' a ." ' 1 appointed not Affect. -coVO.rage provide to 'City, M 61'ed,d- or appoine officers, officidfs,: ernploydes, agents and V6-ILlntee)-s*.. vi. The 'insurance provider by this boli6y- shall not be - suspended, Voided,.panc6lied, or reduced in.cov.era6e or in Ili-nits, by'amny.partV .except after cancelled, . Z30 calendar days written 'ho*ii�e • - has :be­e"n dellV6rdd't:a the ' 'City ('10 calon&iir dgrys. Wntten'n6tiqe""nf .non payment of pl.-Omiurn). D: Timely Notice of Claims: HOA shall gIV6 City porript -4nd t! M- 61y'noticQ- of claim made or suit instituted Arising out of or resulting, from H'OA's lYprformanOe under this Agre6mbnt, E. Addlti6n a/ 6s'al!anc 6: HOA shall also procure And maintain, at it's 6wrl cost and expense'. any additional kinds of insurance., which in Its 'own ; j Udgr . nei i t- O.'a y pe necessbry 0- its prop eclu f proper protection and. prps. . tion 6 th6vorlc. 41 of 66 Eacr6abhmehf Agroelliont IN WITNEMWRHIREOR the parties hereto .11ave'c5usecl. -this Agreement to bd APPROVED AS TO FARM: CITY ATTORNEY'S OFFICE Date: By:, Aaron Ci Harp, City Attorney ATTEST!; Date:: By: Leilani',Brown, City CJ6rk '01TY 6P NE PORT BEACH, a.baliforniA IVILMICIPAI G&O.Mati.011' Nancy Gakdn4,:' Mayor-' . IRVIN'E:T-ERIlAdE Comiwu-NrrY By'. Brlan Jones Prej§ ld , ei) t Date: ... owners mast sign in-the presence. ofnQtatypublic. ATtACHJVlrNTS: EXHIBIT A— Pl. . ads .as a0jiroiied by Publl.c Works _0127022. iMnb le.rr hw COMMUMY asialchlron.dou 1 ' % 42 of 66 4-:hqph0M,6nl Ajep6mefif ACKNOWLEDGMENT State of : Califorhia County of )SS. On before me,. . NotaryPublic, personally appeared ,who proved to me. on the basis of satisfactory evidence to be the.: (7eYSon('s) whose names) is /are subscribed to the within instrument, and acknowledged to TO that lie /she /they executed. the Barrie in his /her/tlielr mtkorized. caiiaciky(ies), and that by his/her %their signatures(s) on the. instrument the pe.i•soii,(s), or-.the ontity Upon b.ehalf of Which the. person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the.5fate of California that the foregoing paragraph Is true and correct 'WITNESS My hand and official seal Slgriafure (seal) ACKNOWLEDGMENT 'State of : Califorria County of On . botoi-e me, Notary Public,, porson•ally.appoared jwlh6. proved to me'on the basis of satisfactory evidence to be the person(e iiaiii'e(s) is /are subscribed t& the. within i'hstrument..aod: ,acicnowiedged to I.ielshe %they .ex16 d the same.In hls /her/#lieir autfioefzed; capaciiy(os); and his/her /fheirSignahues(s) on:tlie instrument the.person(s);.oi� the:: entityijpon, I which the: persons) acted, executed: he; instrument I certify under PENALTY OF PERJURY under the laws of ttie State of California tFiat,the foregoing I ?aragraph is'true and correct;. WITNESS" myhdnd and' official. seal,. S ui'o: (se:21.). .43 of 66 Enbroach'riterrl Arjreegienf. S'�:n. I i3 MifNE.TER'RACE PARK. EXHIBIT A. f.OF 5 .M3 Aibk.EG . I MA - EMERGENCY' GENCY' BUI➢INGAT I . RX 7R PA PLOT MR E1=11Y STCRAGECCYTAIN M11. I;;- 'IRVINE TERRACE tOMMUNITYAssociA-i-ION EMERGENCY'STORAGEBUILDING 4�� p1m jb F" t.EMn I, 1-j, rte{ O z Padficcontliwy. MifNE.TER'RACE PARK. EXHIBIT A. f.OF 5 .M3 Aibk.EG . I MA - EMERGENCY' GENCY' BUI➢INGAT I . RX 7R PA PLOT MR E1=11Y STCRAGECCYTAIN M11. I;;- F Section ?'B W ots) m Plon'ViewDem' fhW: EXHIBIT A 2 0F1 5 BUILDiNGAT IRMS� PAF%, MOTFL�- FOR 'IRVINE TERRACE. COMMUNiTY, ASSOCIATION EMERGENCY STORAGE BUILDING Jk JL- L SECTION -i-,A^' Section ?'B W ots) m Plon'ViewDem' fhW: EXHIBIT A 2 0F1 5 BUILDiNGAT IRMS� PAF%, MOTFL�- FOR E)(.H1511 A 3 6FA LIST OF ITEMS TO St.G RED - IN THE ITCWS 4ONTAINER: MAR RFR—E&Jfffb l `8i�EC2l11P.ME - -NT Stretcher one Vold �trc[CIV6,00 y- 8 Survival Products).. )Products).. 6 — .. i. . eck for pill. dyuts -Unals & rqulvljlent Blittepicil'AR, 411:ejglzevJo:pack ff,itterics "ly' - Fiioj gizer 4 pack Axe - 23" Chopptll Bojt.qjjttoK . Workforce 24" CEgT Sefuro6 books Gerona 26" Bypass jPpPgv Drill b0 --Ityob[90 Piece Straight SlidnK Djili lCit Dli6t tuou --RQlrerts I 718F gust mask Cordova -NujSlrlCc.ProtC6tQ 50 pital.f. .1eiclaiv single use Goggles' MSA.0'arty Works ChMilidal llitcl;: sav+.= Stanley 12" Hnlilljiev-- P. I wilb H114*0 7 p6tivinx 1.5 111. Saw with bladeAiltiq• . I-Taid.lini L W'TQkk- ffoe - . Mims Garder, Laillan'sos Ruffloundlyllb 22 oz6ij mariclilk Crayolls Aphs - [OD -5youlid box Ado Zi _0.tid3 q"i def (I & 500 pack -SAnnly MI RIPPI.118; 'roileg V OIMSO'S Reavy Duty .- '. N " Rape-S0SPoyTvuck3 a4f4ty Conn - 3M.t8!l 61'(Irig si2eq -AfWkY 4.0 piQ4 E)(kl91-F A 4bF5 LIST- OHTEMSTO 0ORLD'INT"T' I W l9TAINCR MEDICAL. SUPPLIER 8, TRIAGE APD DellibrilatorKA(and niffsupplies) Bottled rvSldr Case First Aid Guldo NSG SOS First Aid ' ]('!(.SOS. (ndustri4i tbP75 Laiex gloves SOS 100-0861C (large &)Aeollum)' Non-latex gloves (large ig(l medium)' Safety Mate Splints - SOS Arni SOS Hand/Wrist. 8ireicher - TvIPqe legs SOS 50,pack TrIaga Tape sos Ye![ci49ed/BIadk (use in lieu .of triagotop). T-riagotirps: Yojlow /gcd/Black SOS OTHER SANITATI!DN p6r,tabletoikthoS hassock Pcawble di-iondca , I Toilct.papr sosx10.nubleily Palo . v (ovvek - BiJuhty- -12 pack.CoStco pj-jvflc-ysIiqftdr.(for lollet) SOS Sheet 47 of 66 E)%(fI181f A. 5.OF 5 Sheet 3 UST. Or.ITEMS-TO STORE51.113HE iw,Als- CONTAINER ON—CIDENF cr)M MAK9%= 66ijcl-qtby- Husky 100:ebotheaqdu(y(1-2 g.Cjqg6) powee cord Hjigky 1364.1c, woric llghk - Desilplo's Edge 1211.0 wait. Frfiloson Power. Gqi parl S. -Wal 1011 DC to AC-converlei• Bell 80plich hose-vvilh liffliciffoof pump 3x.5mm,& Bottled NiVatel, toll CjgT.CoMjtllyd Center Cyujbpy willi side Red entry. pallet's liok Paper ullp� peqs & pelig1l; Forlable toilet ohd supplies p pq.WI pills Thpd NYhtte; board White board markets and er.qsdv YdIJO)v tetlicls 8"1A2,1x I I 6mniv.61ciflans YW a %vVTk!taIo& fIb- motoxoth 10 Iy , of 66 Attachment E IRVINLl'-'ERQACE 00'M . MUMTYASS.ODATION . Ne portBe:ilcr 1 gier 11"Ma nt P W and :g� cy: Reqiiestfoi- Storage Area foi,ii-viiieTei-jace*C-61iiiiiiiiiitii tMisillig.public Safely Need -11 is a fid that NOW. poyt'Beakli. is in a Ili. exp. ospre to other major riatttfal.disaslerj: City. Newport residents thA thepobabill . ty of a n . i4joi.eafthqliake ox.bilier disaster y(Tilc!Aig our, area is not ,-t question of 'IF?"-hut certainly l s e ?.'� ja question of "WHEN In anlkipatloli of thel next major disaster,. "the lii i plefile t.e.. a q cvjrip g�4:e '..ivg pickly and effectively to.?naJoV dnlerydjjc W, 27iebi , aqmqnf§ hzqfiide: aii Vire iWd:-Mail bl6c7uigr s Will 9 Lice Clirorigla life saving anti lijc YlK )YVine Tetra'c'e'Suubolf lkvi-u6 Texrdce.I;s A.cojn'l.nli]Aff,Y. odiu III bVo'n'ti d, 61. aiicl'inaxragexiietxfBndy of . viil . -dkL- the :c t :6f: ..Nev+.po& -a" s Igliieng�y Agome. ii p slreiigthenlhi (A y- l k ai -f tb gafe against, to.resgoiid t6: hi i d - 49 of 66 ITCA,Conimifftienf toNeW' brC skx,ergcn '.Mana emen(PxoCxra:Jn As part of this commitin''ehi,'i gi . b.-Win . g Aumbref . bfirvW&-_ ceKesidelitsJuctudinz TOE, g an d are now active in inbers.oftlidNew p oxFBeacIx_Fgp:bepfuimeA Response Toani,or C134T, Fxograin-. In 2011 the ITCA]36ii&of l5fiectors authorized the egpandifure of th6 sum of-Teu, Thofisiffid Djoliaxs ($!OOQW) oa­7'Obalr Of4he ITCA. fo r--th pnv 'hase'of emqg&uY. e medical and triage s,4 - lilies, I ghtseattb and x6cue f6bN 611d:sailit'aawl equipintlit, incident i:6mhiand and dtihuiulsixafion center and storage facility for tJie*above mafe:riah and equipment. A list of items to be stored in the CERT container is: attached toi this aj- 46- pplicPHou.. ITCACERTLocation As'- part of -the CERT. iraifting' , tIV NO hA9 . a lvised . residents t'o organize eniergeney supplies 6fiAir&erials .least , fw I c A.tio6,; flyst., at. theifj I hbiftie8fb i iuiiediate fafnily nse, aitd, second, asa.compixinitytoaid comm "Ord resi ents, and heighbo3rs. Upon ffi k 6 nirieiice of -a.majdi dfsa-81(er, it dn" Ry Ise aiii-icipiieciiliafl'il'anyies e c W..jLts of IT�fne Tk=6 will peed ehiu�gen v assistance tha ttlje qifywillnbfl2e able topi:O ide.. ITCA Cl? T_Ikdctiti!!6u6ni 1' it t orde I v f ok.lT CA to equip its- Corfiftiuftity Emergency Resgpb,�g Te4pT, ITCA, requires 4.jocafio'nfor a' CURT qdjnmaIid.jYQA tb- assist' the' City's gmer'genc'y *6poiidm a.nd- fb)_: the storage 9f.CFR!r supplies afid materials, Ay 'advised b t1i 6&Y tin6_b­ep6il jiienifhd 16eaiioh tfioftlabe-bne iliafii 'easilv iccessxlile to the City' "s. 'd d trat the i6slaelitsimiig� -ersan cen 0 swedl. 50 of 66 Be 6the $T CA CA Ages Riot owiraify esUate).,. ITCH requests 1)emission fcdhL the City.of.N o sm qwp.A13.eachfoxusc6f-� -all. area.in-h-Vine Tdrrace Parlc to store Cohunxihity-.Emergeftcy Response.Tcmin. (CER •. r),di.s.aster and chiergoicy supplies and e4uipinctit. Ikyir!e-TeWA0.VAM located betw&&Ii Fa9f. Coast­Highway ,and 8eadrfft.Dr'iV6, offerg easy access to City emergency jwjwu� . ders.aml - -is central to all'iresidents in h-vibe Te'iraice: Addifl=4113� i is.'tl . the 6 pi iblic open space ace in all of Irvine Terrace.. lrvha Terrace CERT 0126kati&is i2ohiiiiandT.o8t ITCA is tequating'thmf a-12?. by. 30! area adiacent to fhe.P il A Arle.6.pev 1w u"Masonry wall parallelin&PCH and the park mstroo'B"r biiiiding be a:pprbyq-d. Thiiloc'ationhag been ieviewed bybothCi ly Va;4c Opetation and Engineering Services. Tljigw6uld be an ideal location- for the.ITCA CERT cur reni. Par1c ac iivltie's,.b) the as sudh; this loedtionwil.fb& safe aria will -D''O,tiliterfexe - with ariy Pailc activities, Details of this re' oll i. d'ibun(i space: it ce ggg�st! -A t-WeM fob t 8jO�) �rolind spqi iiirequested f6M&$Ii6eKpj t 'bfa.'se �i g 8tora cofflain fil Tlvi,6 Terxace son Wall 6pp6sit6 2. Sqggest(4t6dafi qj4cent: 6 616 Paulcs.per .. ..... oi �T the for more specific details. 3. CERT 66itafilei! TYie 7eoritaitiier•wll:lie and p4O.zd fq niatclithei.est ob Sn �to a� Ti64e1 61. ohah gd "2V 16 1.0' 4. StoiagelAccem. j1iq,_CoiifaifiO_.iviU-be foo-k-ed b dl -A. - all tfines.excep.t in ypq._ qd5 -A .all .. .. the evei I . of 71 se ioi: dlkigt e iS_ �. gem vr 7eMOV11 bi CERT eii iexgeitcy pu lies pp, 'Material's:, 5. Authorized n 6niy wil 1-1be 4).jTCA..B.oaxd jnenj'bep;-b_):ITCAtEWf. ifi6m'beis. hiAhorized by A .and C' ait6ibAye"d 1! A`qfoerg of the 'City'Eve Depirtmenl emergency persona? 51 of 66 6. Maintenance: IT-bA :Willnvdntain thcappear4iceaiia,eo,iffitioit.of the.CERT 7. LiabiiiWhiAuianee:-lTCA shall provide the-0 -Y iwitb. liability coverage' (suitable to the City) As -a rt.aiite d. in.s-Lind.iirt, the amountof One:M-illi.oll Dollars -($1,000,060) B.' Pladonicut and Reffioval. (if CERT Containe'vITCA shall be.tesponsible for Elie safe placement and'!emoVal of (he.CERT container and Shall himnediately and. damage to the park grounds caused-by placement oruse;--and shall fininediat ely repair and return the grounds following removal.. 9. Tetin of Ground Use:.'The City.shall tease the xequested.area-to ITCA ontenm acceptable to the City fora teriA of ten, (D years) in consideratiorif & the pay-pieftOyITCAto flip City. of OnP.Dollar ($1.60) peryea-i. 16, tjzteri-oi.,.Ci)lorand.Screen.of Container: The doxxtainelsi exterior *ill be paintod. to,match the e3dWn p�rl�resfro iso as tQD14�hdinto the simound. .9 ?ms area.. ..Additional sqieeuing eats be Addedif &qitea-by the City: A Other Conditions Re i ed by City. City p'ndapprovet.1byl-TCA, h:rdiner wo.ifid Tile cdit -Y Such other conditions required by the to the. 52 of 66 10' wide (?y20` long C> R7 contaiiiei woulci.tie MCC to march the existingPaa:lc restrooins as shown below; The following photogeaplis show a typ chl contain@ (Peidv) Sample Container Exterior > 53 of 66 Sample Container Interior > Secure Container tocic> Typical IOIW x 20'L x'10' H siorage container (side view) 5tibmitted.by the Irvine Terrace Conunuii .ty A:Ssoelatibil: TindaTl;'Treasurer, Date 54 of 66 Attachment E -2 1010 YY ]91aCo]RMI 11:1aIst;y 1 Par•Ics, Beachcs to Recreation Conmrission Regular Meeting October 2, 2012 — 6pm 1) CALL MEETING TO ORDER — 6:oo p.m. 2) ROLL CALL Present: Kathy Hamilton, Chair Toni Anderson, Vice Chair Ron Cole Roy Englebrecht Phillip Lugar Marie Marston Jack'f5ngley - Staff: Laura Detweiler, Recreation and Senior Services Director:_ Mark Harmon, Municipal Operations Director Sean Levin, Recreation Superintendent Sonia Villalvazo, DepartmentAssistant ,. BEGINNING OF EXCERPT MINUTES 5) CURRENT BUSINESS -. A. Proposed Community Emergency Preparedness Supply Storage Container voitbin Irvine Terrace ParIC Superintendent Levin:pce'sented details of the -'report including background and previous meetings and addressed the .:need for:an encroachment permit; to allow Irvine Terrace Community Association to install a Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park Because thereconnrierided location is a path, the item is being presented to the Commission for review and consideration. He;noted:,that-Ahis request is unique in that the Irvine 'Terrace Community Association has no place to install th'e pfbi bsed container within their property. Discussion regarding #lie - proposed location for the container, whether the container will be higher thau.thi .wall. Superintel '3cnf Levin affirmed that it will be higher than the wall but stated there are trees that will screen the container. Ensuing discussion pertained to vehicular and pedestrian access to the container, the size of the container .and security. Discussion followed regarding the possibility of screening the container, similar containers within the City and efforts to shield the container fron view from Pacific Coast Highway. In response t9- an inquiry fi•om Commissioiner Marston regarding the agreement, Senior Civil Engineer Dave ICeely reported that the agreement will last as long as the City is willing to allow the container and that the City Wray terminate it at any time. Discussion followed regarding the responsibility for maintaining the container and whether the HOA will pay for the trees to screen the container, if necessary. Director Mark Harmon reported that be would connuit to meet with staff and the HOA to determine the type of screening necessary. IIOA representative Brian Jones committed to pay for any landscaping deemed necessary to screen the container. 55 of 66 Parks, Beaches & Recreation Commission October 2, 2012 Page 2 Mr. Jones stated that the Fire Department will have access to the container. Attachment E -2 Commissioner Lugar noted the need to screen the container since it would be viewed from Pacific Coast Highway. . Chair Hauilton opened the public discussion. Jim Mosher commented on the conditions set by the HOA within the agreement and the design of the wall, Chair Hamilton closed the public discussion. Motion by Connnissioner Englebrecht, to forward their rec6mmendati6n„of an encroachment permit to allow Irvine Terrace Community Association to install a Community Emergency Preparedness Supply Storage Container within Irvine Terrace Park to the City,Council. Motion carried by acclamation. END OF 56 of 66 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Attachment F Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN N2012 -0225) THIS ENCROACHMENT AGREEMENT ( "Agreement ") is made and entered into this I day of , 2012, by and between the Irvine Terrace Community Association, a California nonprofit corporation ( "HOA "), and the City of Newport Beach, California, a California municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California ( "City "), WITNESSETH: WHEREAS, City is the owner of certain real property in the City of Newport Beach located in the Irvine Terrace Tract at Irvine Terrace Park and legally described as Lots 93, 181 and a portion of Lot A of Tract 2813, as shown on a map recorded in Book 94, Pages 45 through 47 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 050- 360 -02 and 050- 293-28 ( "Property "). WHEREAS, HOA desires to construct certain non- standard improvements as further described herein ( "Permitted Improvements ") within the Property. WHEREAS, said Permitted Improvements may interfere in the future with City's ability to construct, operate, maintain, and replace City and other public facilities and improvements within the Property; and WHEREAS, the patties hereto desire to enter this Agreement providing for fulfillment of the conditions required by City to permit HOA to construct and maintain said Permitted Improvements. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: It is mutually agreed that Permitted Improvements shall be defined as: 57 of 66 A. A 10 -foot wide by 20 -foot long by -10 foot tall Community Emergency Preparedness Supply (CEPS) container to store emergency response equipment and supplies within the Property. All equipment and supplies shall be approved by City's Public Works and the Fire Departments; B. A 12 -foot wide by 30 -foot long concrete slab and curb wall within the Property as shown on EXHIBIT "A" attached hereto and as approved by the Public Works Department. The CEPS container will be placed on top of the concrete slab. C. In addition, if any of the Permitted Improvements actually built or installed during the time of construction vary from the Permitted Improvements approved herein, such variations or changes must be approved in advance by the Public Works Department and shall be shown on the "As Built" plans. 2. City will permit HOA to construct, reconstruct, install, maintain, use, operate, repair and replace said Permitted Improvements and appurtenances incidental thereto, within a portion of the Property, if in substantial conformance with the plans and specifications on file in the City and attached hereto as Exhibit "A." City will further allow HOA to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. Rights granted under this Agreement may be terminated by City with or without cause and at any time without notice. The City shall make good faith efforts to provide notice sixty (60) days in advance of termination specifying in said notice the date of termination. City shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of the Permitted Improvements by City. 4. HOA and City further agree as follows: A. HOA may construct and install Permitted Improvements and appurtenances incidental thereto, in substantial conformance with the plans and specifications on file in the City's Public Works Department, and as described on Exhibit "A" attached hereto. B. HOA shall maintain the Permitted Improvements in accordance with generally prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require HOA to maintain, replace or repair any City -owned pipeline, conduit or cable located in or under said Permitted Improvements, except as otherwise provided herein. C. If City or other public facilities or improvements are damaged by the construction, installation or presence of Permitted Improvements, HOA shall be responsible for any and all cost of repairs. D. That should City be required to enter onto said Permitted Improvements to exercise its primary rights associated with the Property, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future 58 of 66 Encroachment Agreement Pape 12 public facilities or improvements, City may remove portions of the Permitted Improvements, as required, and in such event: i) City shall notify HOA in advance of its intention to accomplish such work, provided that an emergency situation does not exist. it) HOA shall be responsible for arranging for any renewal, replacement, or restoration of the Permitted Improvements affected by such work by City. iii) City agrees to bear only the cost of any removal of the Permitted Improvements affected by such work by City. iv) HOA agrees to pay all costs for the renewal, replacement, or restoration of the Permitted Improvements. 5. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, it the event the breaching party is HOA, City may enter and said Permitted Improvements and remove all or part of the improvements installed by HOA. Termination because of breach shall be upon a minimum of ten (10) day notice, with the notice specifying the date of termination. In the event of litigation, commenced with respect to any term of condition of this Agreement, the prevailing party shall not be entitled to reasonable attorneys fees and costs incurred. HOA shall defend, indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the Permitted Improvements. 7. HOA agrees that this Agreement shall remain in full force and effect from execution thereof, shall be binding upon the heirs, successors, and assigns of HOA. 8. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 9. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 10. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations 59 of 66 Encroachment Agreement Page 13 and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 11. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 12. HOA shall at HOA's own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted and specifically included, but not limited to provisions of the Newport Beach Municipal Code relating to hours when no persons shall enter the Property. 13. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 14. HOA shall obtain, provide and maintain, at its sole cost and expense, policies of liability insurance of the type and amounts described below and in a form satisfactory to City, and shall require in all of its contracts with any contractors that perform any design, installation, maintenance or other work in connection with City Property that such contractors also provide the same insurance coverages as outlined herein. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverages on its behalf and shall be filed with City prior to performance of any work on or within City Property. Except for workers compensation and any errors and omissions coverage, all insurance policies shall, to the extent coverages. is provided under such policies, add City, its elected officials, officer, agents, representatives and employees as additional insured for all liability arising from such work related to City Property. Insurance policies for the following coverages, with original endorsements related to the Improvements, shall be issued by companies approved or licensed to do business in California and assigned Best's A -VII or other rating acceptable to City: A. Coverage Requirements Worlrer's Compensation Coverage. HOA shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for its employees in accordance with the laws of the State of California. In addition, HOA shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance to laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Worker's Compensation Insurance policies must be received by City at least thirty (30) calendar days (10 60 of 66 Encroachment Agreement Page 14 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by HOA or its subcontractors for City. ii. Geneial Liability Coverage: HOA shall maintain for the duration of this License, a general liability insurance policy in the amount of not less than One Million Dollars ($1,000,000) per occurance for injuries to persons or damages to property, that may arise from or in connection with the work performed under this Agreement by HOA, its agents, representatives, employees or subcontractors, or which may arise from or in connection with the design, construction, operation, maintenance or continued existence of the New or Existing Improvements. If commercial general liability insurance or other form with a general aggregate limit is used, wither the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Covefaae: HOA shall maintain for the duration of this License, automobile insurance covering bodily Injury and property damage for all activities of HOA, its agents, representatives, employees, or subcontractors that may arise from or in connection with the work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each occurrence. B. For any contractors providing design services, professional errors and omissions insurance shall be required, which covers the services to be performed in connection with the Approved Plans or landscaping to be installed on or within City Property, in the minimum amount of One Million Dollars ($1,000,000). C. Endorsements: Each general liability and autornobile liability insurance policy shall be endorsed with the following language: I. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed be or on behalf of the HOA. U. This policy shall be considered primary insurance as respect to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from HOA's operation or services provided to City. Any insurance maintained by City, including any self - insured 61 of 66 Encroachment Agreement Page 15 retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. This insurance shall act for each insured and additional insured -as though a separate policy had been written for each, except with the respect to the limits of liability of the insuring company. IV. Insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, Its elected or appointed officers, officials, employees, agents and volunteers. vi. The insurance provider by voided, cancelled, or reduce except after. thirty (30) cal delivered to the City (10 c payment of premium). this policy shall not be suspended, d in coverage or in limits, by any party endar days written notice has been alendar days written notice of non- D. Timely Notice of Claims: HOA shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from HOA's performance under this Agreement. E. Additional Insurance: HOA shall also procure and maintain, at it's own cost and expense, any additional kinds of insurance, which in Its own judgment may be necessary for its proper protection and prosecution of the work. 62 of 66 Encroachment Agreement Page 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California Municipal corporation Date: Date: By: By: Aaron C. Harp, Nancy Gardner, .City Attorney Mayor ATTEST: IRVINE TERRACE COMMUNITY ASSOCIATION: Date: Date: By: By: — Leilani Brown, City Clerk Brian Jone President Leanne ' man Secretary Owners must sign in the presence of notary public ATTACHMENTS: EXHIBIT A —Plans as approved by Public Works LiusersWbwisbaredll- eacmachlrow agrccrnen1s120121n2012- 0226 Irvine terrance community assoicalion.docx 63 of 66 Encroachment Agreement Page 17 l? T 4 3./ l royal 21 01 0 t i L A ZH State e6)i (,1/r) of California County of C) r-a n%, ) ss. On /0'/ (y befog me, Notary- Pub1lic, personally appeared Vli;�, , P�' /A //1GlL l/i11�V1 Gt6.f 110 irjr' ,�t(��ynaI ( 1 ,who proved to me on the basis of satisfactory evidence to be the person( whose na me (6)j i /a& subscribed to the within instrument and acknowledged to me that he /she /� executed the same in his /her /t el authorized capacity(i�, and that by his /her / i signatures on the instrument the person(t1 or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and official seal. Signat ACKNOWLEDGMENT State County of On Notary Public, personally appeared of ss. before me, t. L. SUTTE®FIELO COMM. #1945303 x 0 Notary Public • California o Z Riverside Courtly t „ My Comm, Expires July 24, 2015 P, (seal) California ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(les), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 64 of 66 Encroachment Agreement Page 18 IRVINE TERRACE GOWUNRY ASSOQLATION EWRQEN.CY. 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