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
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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
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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.
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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.
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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
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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
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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:.
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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
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1t,EiGENCY
31111OINGAT 3
;iVINETERRAGE �
PAWf 'C$
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5foR:.GEp!lCAIt.
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ffy. k:EMERGENCY:ST0RAGE BUILDING
RVINETERRA -,C
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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.
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Notary- Pub1lic, personally appeared Vli;�, , P�' /A //1GlL
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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
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,who proved to me on the basis of satisfactory evidence to be the person(s) whose
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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
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