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Home My WebLink About5A - Community CERT Storage Container @ Irvine Terrace ParkagwaoR = CITY OF NEWPORT BEACH C9«FpRNP PB &R Commission Staff Report Agenda Item No. _5A_ October 2, 2012 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 r_1 *11ZT -Tel% 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. 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). 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 COMMUNITY EMERGENCY PREPAREDNESS SUPPLY STORAGE CONTAINER t [a I ATTACHMENT LOCATION MAP P P n 0 0 y m a F Attachment B Equipment List Sheet 1 LIST OF ITEMS TO STORED IN THE ITCA'S CONTAINER Stretehar One Fold StrWAr (SOS Survival Products) Cheek with NO Paramedics (Matt B) for old units Tools & Equlpmeat Batlerics "AA" -EneW ar36pack Batteries "D" - 2nwgizer4 pack Axe -23" Choppiva Bolt cutter - Wortdbrce 24" CERT Search books Cutta/trlmmass - Corona 20" Bypeas 4opper Drill bits - gyobi 96 Plow Straight Shank Drill Kit Duct tape - Roberta 17/0" Dot mask Cordova Nuisance proteeto 50 pack Bleotrloal Tape Fire' ExIlVdaher- Kiddie single use Muld- purpose Flashllghb - Mag -ylte Mint with iwlsw +2AA Gas &Water tFkev-orwl (H ess cutter- 91 " Gkrves - G &F Art rosistaut,FAvlar Goggles -MSA Safety Works Chetnlcal Haok saw - Stanley 12" Hamster- plumb Hand am - Fabrux 15 is. Saw with BladeAmtor Hardhat - 3M-Tekk Hoe - Ames Garden Lantem SOSHur4caae with 22 oz oil Marking o ayona/pogs - C.H. Lumber (redlyallow) Nails - Simpson ] d2 8D 8c 3 1/210D - 3 pound box Pick -Atlas 2 l2.pound 4 ties - GamdnerBatnder 11" & 24" - 400 pack Pwc* wood cribbing Ptyber- glonly 24 "RippbB pulley HOW WS Heavy Duty Rope - WS Poly Track 318" Safety cans -3M tg" oreap Screwdrivers Mat & Phillips assorted sins -Husky 40 pane Shovel - Ames Tro Temper Square 48" Shovel -Ames Try Tamper Square 48" Slsdgs Hamm" - Atlestools 16 pound Two say Radice - Wwrola 10 milb Whedbarmw - True Temper cu ft steel Wrema" -Husky 32 assorted LIST OF ITEMS TO STORED IN THE ITCH'S ' CONTAINER MEDICAL SUPPUES A TRWQE AED Mbrilator Yjt (and refill supplies) Bottled watwCasa Blankets SOS polyester FkstAld_ Guide NSC SOS First Aid ,n SOS Industrial for 75 LAW gloves SOS 100 pack (large & medium) Non -latmk gloves (largo and medium) Safety Mate Splitds - 808 Arm SOS Hand/Wrlst SOS Leg Stretcher - SOS 2pole Triase tags SOS 50 pack Triage Tare SOS Yellow/Rod/Black (use in lieu of triage tags) Triapbups: Yellow/Rod /Black S09 OMER k SANUATION Portable tailst SOS Hassock Portable Chemical Toilet Bags SOS 250 pack , Toilet paper SOS double ply Paper towels - Bounty -l2 -pack Castro Vf%Wosa Halo unhizsr SOS 16oz Privacy shaper (for toilet) SOS Sheet 2 Sheet 3 UST OF ITEMS TO STORED IN THE ITCXS- . CONTAINER Tm—cmgNT mj zwh*w Generator -Husky 3AM-Watt Gasoline Powered Subaru engine Spider box 100 foot heavy duty (12 Stage). power cord - Husky Elleadc work lights - DoWiers Edge 1200 Watt Halogen Power Gas can 5 OW DC to AC convertor Bell siphon hose with ho ul/foot pump Admtnhftntioa 3 x 3 cards AMAW%larkm Radio --p"ble/battery Bottled. w4W W CERT Coauzuuml COW Canopy wAh " and entry panels CERTM99U.01 Glipbomd Corkboad File folders File storage box FoldipSchal: rcIdlug table Papa' clips Pats & Pencils Portable tollet and supplies Post-ItNimes .Push pins Stapler Tape White board Whitt board markers and. eraser YWiaw tableb 8 V2 x H_ Two wey R#01ox - Moorok 10 mile GIVIRS Dual Service Radio (22 channels) + supplies* Attachment C -Site Map ws.««wm m�m4Wb1 p ma n'wraa�+rowc.www 1� pgg ( uoowodw3 rouoisr4ozd d �1 ]1 111 W ( � fall # o • ai O w _ LU d Q z o " a N Co a W z z LU U a p v i 0.� w w z � _ M 9 mo Lb [qY O'IW Po�idlq�R'1019 g uouuod�o� ryuotasa ;wd y q1131' �M �ri[xaaAU�x� zzvarzrx : "� all, x A i Ll�s � � �� tl✓�� i s^ �� ' �L s A !'fll; Ww O � % m f U - a W W ul w O � L ilk ; �rr y �J Q � b 8 �k 1, t a0^ = CITY OF 3 a NEWPORT REACH City Council Staff Report Agenda Item No. September 25, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COtAJGU FROM: Public Works Department David Webb, Public Works Director 949 - 644 -3311, dwebb(rDnewoortbeachca.gov Recreation and Senior Services Dr Laura Detweiler, Recreation and Sery iceireco 949- 644 -3157, Ietweiler new ortbeac PREPARED BY: David Keely, Senior Civil Engineer APPROVED: j, S TITLE: Proposed Community erge re edness Supply Storage Container within the err — Approval of Encroachment Peloft andfflgreement (N2012 -0225) ABSTRACT The Irvine Terrance Co Association requests approval to install a Community Emergency Preparedn Storage Container within Irvine Terrace Park. RECOMMENDATION: ry 1. Allo&erto into an Encroachment Agreement with the Irvine Terrace Con for the installation of a Community Emergency Pretorage Container within Irvine Terrace Park, contingent upc e Encroachment Permit process being met. Authorize the e the Encroachment Agreement. UNDING QUIREM ENTS: . N iscal I'm act Ther s 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 Proposed Community Emergency Preparedness Supply Storage Container within the Irvine Terrace Park — Approval of Encroachment Permit and Agreement (N2012 -0225) September 25, 2012 Page 2 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 E Nithin Management Agency (FEMA), residents to organize emergency supplies and in at least two locations; (1) at their homes for immediate family use; and ( . community to aid community residents and neighbors. fir, The storage location within the community is recommended to be igia 'To on *at is easily accessible to the City's emergency responders and central toe,, resi nts being served. These centralized locations are typically located on ce ni ssociation property, such as Clubhouses, community pool areas, etc.,;;kTC4i.1` ` not own any property; therefore, ITCA requests permission to install tom' CEP ontainer in Irvine Terrace Park. The CEPS container is proposed to be locatneariihe restroom facility adjacent to the block wall near East Coast Highway, cFen'A). The proposed CEPS storage container would not impact programed top in We of the park. The 10 -foot wide by 20 -foot long by equipment (Attachment B) and will s Terrace community in the event of al has reviewed and approved the li container. Modifications to the app Newport Beach Fire Department. l existing restroom facility, H be the City of Newport Bead , pa CCERS 9pliitainer will house emergency ' a perafoins Command Post for the Irvine +)owport Beach Fire Department staff era equipment to be stored in the list of equipment will require review by the loge container will be painted to match the bd by padlock. ITCA board of directors and will have access to the container. The following modificatiei Irvine Terrace Park will need to be made to accommodate the CEPS container roped work will be performed by the ITCA contractor at the expense of the Abaci (A chment C): • Minor in 'r `d proposed container area; to ` n of a 10 -foot wide by 30 -foot long by 3.5 -inch thick concrete slab and can • Exig park irrigation and landscaping will be modified per the direction of the M40cipal 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; Proposed Community Emergency Preparedness Supply Storage Container within the Irvine Terrace Park — Approval of Encroachment Permit and Agreement (N2012 -0225) September 25, 2012 Page 3 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, employ es or subcontractors, or which may arise from or in connection with the ign, construction, operation, maintenance or continued existence of the, or Existing Improvements. If commercial general liability insurance or er with a general aggregate limit is used, whether the general aggrega it she I apply separately to the work to be performed under this A e r the general aggregate limit shall be at least twice the required o ren mi , and • Paint the exterior of the container to match the i any additional screening as directed by the City. Typically, encroachment requests of this nature not would only require City Council review and approv: within a City Park staff requested a recommendavOl Recreation (PBR) Commission. The request to in the PBR Commission on _, 201 _ _c the container contingent upon all con ' ns o e Er and an encroachment agreement is ecut ENVIRONMENTAL REVIEW: Staff recommends the ii Environmental Quality ct Facilities) of the CEQA e 14, Chapter 3, becau I environment. s been no the City Council considers the item). by: sting r str f and add Mundacouncil Policy L -6 e ce this rNequests is t arks, Beaches and PIS went before recommended approval of chment Permit process is met improvements. uncil find this project exempt from the California QA ") pursuant to Section 15301 (Class 1 Existing CIN&Guidelines, California Code of Regulations, Title ias o potential to have a significant effect on the ticed according to the Brown Act (72 hours in advance of commatttdiil usart dd. ono. epprored Proposed Community Emergency Preparedness Supply Storage Container within the Irvine Terrace Park — Approval of Encroachment Permit and Agreement (N2012 -0225) September 25, 2012 Page 4 David Webb Public Works Director Laura Detweiler Recreation and Senior Services Director Attachments: A. B. C. D. E. F. Location Map Equipment List Association Letter COMMUNITY EMERGENCY PREPAREDNESS SUPPLY STORAGE CONTAINER z� 4j1 ATTACHMENTA LOCATION MAP nl 0 1 99 I r 1� I C Attachment B Equipment List Sheet 1 LIST OF ITEMS TO STORED IN THE ITCXS CONTAINER per dteFokl Stretcgw (S09SurvivalPrdducts) Chock with NB Paramedics (Matt B.) for old units Tools & Equipmeat Batteries "AA " - Bnwgiver36pack Batteries "1311 - Eher81zer 4 pads Axe - 23" Chopping Bolt cutter - Workforce 24" CERT Search books CutterHrimmeta - Comm 20" Bypess loppor DrM bits - Ryo62 90 PIow Straight Shank Drill Kit Dautape- Roberts 17/84 Dust muk Cordova Nuisance proteeto 50 pack F.twx1oal Taps Fire Extinguisher -Kk1die single use Multi purpose Flashlights • MawLite Mini -wlth holster +2AA an & Water a — - Gkarcutiar -91 " Olaves - G&F Cut resisunt,Kovlar Goggles -MSA Safety Works Chemical Hacksaw- Stanley 12" Hammer - phuab Hand saws - Fatmax 1$ in Saw with B1adeArmor Hard hat - 3M Tekk Hoe -Ames Garden Lantern SOSHuniow with 22 oaoil Maduiag crayons/pens - C.H. Lumber (red/yellow) Nails- 3impsonl 1/23D& 31/2101) -3 pound box Pick -Attu 2 1/2.pound Zip ties- GamdnwBwdor. 11 "& 24" - S00 pack Fmcd wood cribbing rA Pw - fly 24"RiPplag Pulley heist Sm Hoavy Duty Rope- SOS Poly Truck 3/r Ss&W Corn - 3M 78" Orasyp Scrawdriven Flat & Phillips assorted alias -Husky 40 piece Shovel - Anne Tat Temper Square 48" Shovel - Ames Tru Temper Square 48" Sledge Hammer- Atlas toob.l6 pound Two way Radios - Motorola 16 mile Wltadbanpw - Tae Temper on 8 steel Wrenches - Husky 32 assorted LIST OF ITEMS TO STORED IN THE ITCA'S - CONTAINER ME Ga SUPPLE$ & TPJME AM Defibdlator Kit (so refill supplies) Bolduc water C*,ase Blankets SOS polyester First Aid, Guide NSC SOS First Aid•Kif SOS Industrial for 75 Was $louse SOS 100 pack (large & medium) Non- latmStoves (large and medium) Safat mate Splints - SOS Arm SOS Hancitwrisi SOS Leg Strotcher- SOS 2 pole Triagm t w SOS 50 pack TdW Tape SOS Yellow /Red/Black (use in lieu of Wags tags) Trisgetsrps: Yellow/R®d /Black SOS OTHER IANE"014 Portable toilet SOS Hassock Portable Chemical TQlW BOW SOS 250 pack , Toilet paper SOS doable ply Papertowels - Bouaty -12 -pack Costco Waterless Hand sanitimar SOS I6oa Privacy shelter (for toilet) SOS Sheet 2 Sheet 3 UST OF ITEMS TO STORED IN THE ITCA'S CONTAINER 1P1C11�N7' - �" Itleetrtcal Gmr -Husky 3. 650 -watt Gasoline Powered Subaru engine Spider box 100 foot heavy duty (12S ).power s- Husky Wectric work lighta- DealgneraEdge 1200 Watt Halogm Power Gas can 5 gallon DC to AC oonve tar Ball siphork bow with hand/foot pump Admialatmdou 3 x S cards AWFM/Marine Radio - Rortabls/batterY Bottled wow for CBRT Commacul Canter Canopy with side and entry Weis CBRT Manual Clip Went Corkboard Nis folders File stamp boat Foidingchaia FoldhWtable Paper eltps Pens & Pencils Portable toilet and supplies Post -it Notes Push pins Stapler Taps Wbitc board White board markers and eraser Yellow tablets b 1/2 x I1 Communloations - Two wsy Rf los- Motmis.10 mile GMRS Dual Service Radio (22 channels) i supplies* Attachment C -Site Map nb- in4N1fD vie•keNWlol {1 10n��uuV'wNW�wVyW�y4D9R�l�Ni}F^^�I''9''y yy yya@8 uonmdYo�'OUDING90M Y '�AII rJNI2T33t�IIrJN�'I'It+QAILL � . y � � O w v v w 0 � � O z s wr W uj ` Q OUy d W Z SOS g V �. yWQ�$G��("�9, LLU a pJl LUYYYttt Z ce 4, 1 30 %10- RYi9db1 ■F /A%OiNP. J.MV>gT1Y 01! g uopwjod � !mw!=JOJd V il 3$ G 4 (V lit 'DM DNRIHaN1ONH TIVQNLL 1 s iE i e t•'I > I j Ali ,11 t sl lit JI l t3 iec I W ,w V O Q - 2 W W W o lin y r Z I 8 bi Q �I cif 1 b Q �I Q a; ail 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 D SON mare this Im for Recardats use ady. ENCROACHMENT AGREEMENT (EPN N2012 -0225) THIS ENCROACHMENT AGREEMENT ( "Agreement") is made and entered Into this day of , 2012, by and between the Irvine Terrace Community Association, a California nonprofit corporation ("HOA "), and the City of Newport Beach, Califomis, 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 Assessors 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 parties 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: 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 wail 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 Encroachment Agreement P a g e 12 agwaoR = CITY OF NEWPORT BEACH C9«FpRNP PB &R Commission Staff Report Agenda Item No. _5A_ October 2, 2012 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 r_1 *11ZT -Tel% 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. 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. ii) 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, in 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. 6. 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. 1. 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 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 -VIl or other rating acceptable to City: A. Coverage Requirements Worker'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 EncroachmoM Agr"mont P a g o 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. General 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 occurenoe 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. Automobile UabUi(y Coverage: 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. Endomnmts: Each general liability and automobile liability insurance policy shalt be endorsed with the following language: 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. 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 EndnachmeW Agreement Page 15 retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. W. 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 this policy shall not be suspended, voided, cancelled, or reduced in coverage or in limits, by any party except after thirty (30) calendar days written notice has been delivered to the City (10 calendar days written notice of non- payment of premium). D. Timely NOUGO of Claims: HOA shall give City prompt and timely no** of claim made or suit instituted arising out of or resulting from HONs performwoe under this Agreement. E. Addiflonal Insurance, HOA shall also procure and maintain, at k'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. Encroechment Agreement Page if IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp, City Attorney ATTEST: Date: By: leilani Brown, City Clerk CITY OF NEWPORT BEACH, a California Municipal corporation Date: By: Nancy Gardner, Mayor IRVINE TERRACE COMMUNITY ASSOCIATION: Date: By: Brian Jones President Date: A oymers must sign in the presence of notary public ATTACHMENTS: EXHIBIT A —Plana as approved by Public Works tlurwa eAf lraw �12MR012 -o2P3 Irvine Nuance cwnmtpiity uadcafiGn.s M Encroachment Agreement Page 17 ACKNOWLEDGMENT State County of 7W Notary Public, personally appeared Of ss. before me, ,who proved to me on the basis of satisfactory evidence name(s) is/are subscribed to the within instrument and he/she/they executed the same in his/her /their authorized his/her/their signatures(s) on the instrument the person(s), which the person(s) acted, executed the instrument. California to be the person(s) whose acknowledged to me that capacity(ies), and that by or the entity upon behalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of County of 1 ss. On before Notary Public, personally appeared me, (seal) California ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), 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 under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Encroachment Agreement Page is me•caWO B ene•aieiltlld lia, wee o+av pa...n.�w�as+ +a9 �� uon�oimo!�aav m N 'DNI DNI?I'33N DN3'11VUXU � a fill CIO � O z ui W Z r 0 Z U S W U � A r� W Z 5 ` \Q V �1 fed � i 4 mO ma a'wrw.WOwa+waw.n uopemduo FUM!SOJOAd y < 8 C t b 7 it{jR all IWn (a� I W O r ¢z -.-7Z._ 81 a Q it is a i EXHIBIT A 301`5 Sheet 1 UST OF ITEMS TO STORED IN THE ITCA'S CONTAINER SEARCH & RESCUE TOOLS & gQUIPw Stretcher One Fold Stretcher (SOS Survival Products) Check with NB Paramedics (Matt B.) for old units Tools & Equipment Batteries "AA" - Energizer 36 pack Batteries "D" - Energizer 4 pack Axe - 23" Chopping Bolt cutter- Workforce 24" CERT Search books Cutterftrimmers - Comm 20" Bypass Lopper Drill bits - Ryobi 90 Piece Straight Shank Drill Kit Duct tape - Roberts 17/8" Dust meek Cordova Nuisance proteeto 5D pack Electrical Tape Fire Extinguisher - Kiddie single use Multi- purpose Flashlights - Mag -Late Mini with holster + 2AA Gas & Water shutoff kk - QibiL. Glass cutter - 9 1/2' Gloves - G&F Cut resistant Kavtar Goggles - MSA Safety Works Chemical Hack saw - Stanley 12" Hammer - plumb Hand saws - Fatmax 15 in. Saw with BladeArmor Hard ha - 3M Tokk Hoe - Amen Garden L stem SOS Hurricane with 22 oz oil Marking crayons/pens - C.H. Lumber (nod/yellow) Nails - Simpson 1 112 81) @ 3 1/2 l OD - 5 pound box Pick - Atlas 2 1/2 pound Zip ties - Gamdner Bender t I" & 24" - 500 pack Pre -cut wood cribbing PrAm - Stanly 24" Ripping Pulley Hoist SOS Heavy Duty Rope - SOS Poly Truck 318" Safety Cone - 3M I8" Orange Screwdrivers Flat & Phillips assorted sizes - Husky 40 piece Shovel - Ames Tru Temper Square 48" Shovel - Ames Tru Temper Square 48" Sledge Hammer - Atlas tools 16 pound Two way Radios - Motorola 10 mil Wheelbarrow - True Temper 6 cu ft sleet Wrenches - Husky 32 assorted EXHIBIT A 40F5 Sheet 2 UST OF ITEMS TO STORED IN THE ITCH'S 'CONTAINER MEDICAL SUPPLIES A TRIAGE AED Defibrilator Kit (and refill supplies) Bottlers water Case Blankets SOS Polyester First Aid Guide NSC SOS First Aid Kit SOS Industrial for 75 Latex gloves SOS 100 pack (large & medium) Non -latex gloves (large and medium) Safety Mate Splints - SOS Arm SOS Hand/Wrbt SOS leg Stretcher - SOS 2 pole Triage tags SOS 50 pack Triage Tape SOS Yellow/Red/Slack (use in lieu of triage tags) Trim tarps: Yellow/Red / Black SOS OTHER Portable toilet SOS Hassock Portable Chemical Toilet Bags SOS 250 pack , Toilet paper SOS double ply Paper towels - Bounty -12 pack Costco Waterless Hand sanitizerSOS 16oz Privacy shelter (for toilet) SOS EXHIBIT A SOFS Sheet 3 LIST OF ITEMS TO STORED IN THE ITCA'S CONTAINER RCIDEli COUM 1IDD CgNTER Electrical Generator - Husky 3,650 -Watt Gasoline Powered Subaru engine Spider box 100 foot heavy duty (12 guage) power cord - Husky Electric work lights - Designers Edge 1200 Watt Halogen Power Gas can 5 gallon DC to AC Converter Ball siphon hose with hand/foot pump Ad"istradva 3 x 5 cards AM/FM/Marine Radio - portable/battery Bottled water for CERT Commartd Carver Cw" with side and entry panels CERT Manual Clip board Corkboard Pile folders File storage box Folding chair Fokiing table Paper clips Pens & Pencils Portable toilet and supplies Post -It NOW Push plus Stapler Tape White board White board markers and eraser Yellow tablets g 112 x I I Communkations Two way Radios - Motorola 10 mile GMRS Dual Service Radio (22 channels) +supplies* Attachment E IRVINE TERRACE COMMUNITY ASSOCIATION Newport Beach Emergency Management Program and Request for Storage Area for Irvine Terrace Community Emerggg&y RgFpmrse Team 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 Emnmcy Qperations Plan, Emergency Operations Center, Employee Response Program, Public Education Program, and trained Community Emergeew &Worse Team (NBCERI9." "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 number of victims, communication failures, and road blockages will prevent people from accessing emergency services they have come to expect at a moments notice through 911. People will have to rely on each other for help in order to meet their immediate life saving and Iife sustaining needs." (NB City webslte) 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. 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 for the above materials and equipment. A list of items to be stored in the CERT 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. 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 CERT 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. Because the ITCA does not own any property (Le., 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 Response Team (CERT) disaster and emergency 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. Additionally, it is the only public open space in all of Irvine Terrace. 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 CERT 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 bae Request A twelve foot by twenty foot (12' x30') ground space is requested for the placement of a secure storage container in Irvine Terrace Park, as approved by the City. 7. ,R5, gp«ak Location Adjacent to the Park's perimeter masonry wall opposite the exiting park restrooms. Refer to attached 11" x 17"plans for more specific details. 31 CERT Container. The CERT container will be a secure., locked and painted to match the restroom building. The steel container is l0' wide x 2A' 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 CERT emergency supplies and materials. Authorized Entrv: The only personnel having access will be a) ITCA Board members, b) ITCA CERT members authorized by the ITCA Board, and c) authorised members of the City Fire Department emergency personnel. 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). S. Placement and Removal of CERT Container: ITCA shall be responsible for the safe placement and removal of the CERT 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. Tenn of Ground Use: The City shall lease the requested area to ITCA on terms acceptable to the City for a term of ten (10 years) in consideration for the payment by ITCA to the City of One Dollar ($1.00) per year. 10. 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. 11. Other Conditions Required by City. Such other conditions required by the City and approved by ITCA. Photos Proposed Location of CERT Unit ' h X' I Y! I l The container would be placed adjacent to the masonry wall in the foreground (Refer to Attached 11" x 17" plans for a more specific details 10' wide by 20' long CERT container would be painted to match the existing Park restrooms as shown below: The following photographs show a typical container (below) Sample Container Exterior > Sample Container Interior> Secure Container Lock > I i I 1 Typical 10'W x 20'L x 10'H storage container (side view) Submitted by the Irvine Terrace Community Association: Mr. George L. Tindall, Treasurer Date