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HomeMy WebLinkAboutBeach Cities Interfaith Services, Inc., BCIS - 2013-01-22Dept. ID ED 19-29 Page 1 of 3 Meeting Date: 11/6/2017 No A-c-n nN TAY.� CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Office of Business Development SUBJECT: Termination of Sub -License Agreement by and between the City of Huntington Beach and Beach Cities Interfaith Services, Inc. (BCIS) for use of City -Licensed Propertv located at 18131 Gothard Street Statement of Issue: The City Council is asked to terminate the Sub -License Agreement with Beach Cities Interfaith Services, Inc. (BCIS) effective January 8, 2018. The City entered into the Sub -License Agreement (Agreement) on October 14, 2013, for a five (5) year term. Financial Impact: Not applicable. Recommended Action: Approve the termination of the "Sub -License Agreement By and Between the City of Huntington Beach and Beach Cities Interfaith Services, Inc." effective January 8, 2018, and direct staff to work with BCIS in clearing the site. Alternative Action(s): Do not terminate the Agreement and direct staff accordingly. Analysis: Prior to 2013, BCIS was located at the Main Street Library facility. However, in January 2013, the City Council approved the termination of the Facility Use Agreement with BCIS for the former use of the Main Street Library facility. The termination was due to the incompatibility of uses at the facility between those seeking assistance from the BCIS food bank and the library's patrons. When the Facility Use Agreement with BCIS was terminated at the Main Street Library, BCIS was closed for seven (7) months. During that timeframe, the local churches stepped in and provided services to the former BCIS clients. These services were decentralized, which did not create a single location for individuals to congregate. The City then entered into an Agreement with the County of Orange for the use of the property located at 18131 Gothard Street (Gothard Landfill) and entered into a Sub -License Agreement with BCIS. The City paid all permit fees for the approval of a food bank use and building inspections totaling over $11,500. After securing the approvals, BCIS opened for service in October 2014. Overview BCIS provides a variety of services to the homeless and those nearing homelessness, including monthly groceries, utility assistance (United Way), hygiene items, gas cards, bus passes, and clothing. The goal of BCIS is to provide "compassionate, faith -based service to all in need." As HB -2 77- Item 19. - 1 Dept. ID ED 19-29 Page 2 of 3 Meeting Date: 11/6/2017 such, the focus is on providing basic daily necessities that may naturally attract homeless to the area to receive those services. Over the past three years, there has been a substantial increase in incidents in the surrounding area of the BCIS location (Central Park, Sports Complex, and Library). This increase has been over -and -above the number of homeless individuals in other areas of the City (beach, storm channels, and various parks). The increase in homelessness has had an impact on the Police Department, Community Services, Library, Fire, and Public Works. The following increases to calls for City services have occurred since 2013 in the Central Park area: 0 92% increase in Police calls from 2013 to 2016 0 84% increase in Emergency calls from 2013 to 2017 0 31 % increase in Police reports taken for the area from 2013 to 2016 0 44% increase in Auto Theft o Nine illegal fires near homeless encampments responded to by the Fire Department o Multiple medical responses by Fire (excessive alcohol/drug use/medical reasons) o Library has had 155 recorded incidents in 2015-2016, including major vandalism, overdoses in restrooms, two assaults on staff members by homeless, indecent exposures/sexual acts, and theft o Loss of Sports Complex/Central Park bathrooms due to homeless sleeping in the stalls, tampering with locks, vandalism, and graffiti o Public Works has spent $55,884 in FY 16/17 in Homeless Encampment clean-ups in the area o On -going replacement of sprinkler irrigation due to vandalism, turf replacement required after damage As noted by all five departments, these incidents strain limited resources needed to provide services throughout the entire community. Existing Community -Based Services There are 15 churches that provide food, bus passes, clothing, and other services. In addition, there are many non -profits working with the homeless including Build Futures, Off the Streets, Colette's Children's Home, Coast to Coast, Veteran's Outreach, Huntington Beach Youth Shelter, Project Self Sufficiency, Mercy House, and Interval House. Existing City Services The City has created a Huntington Beach Homeless Task Force (HTF), which consists of two full- time Homeless Police Liaison Officers, a part-time Homeless Coordinator, and a part-time Homeless Case Manager to assist in addressing issues related to homelessness. To further enhance these efforts, a second part-time Case Manager is being recruited. Over the past 10 months, the Coordinator/Case Manager has had contact with 125 individuals, which have led to 29 being housed or relocated. The HTF has been responsible for 51 individuals being housed or relocated this year. Staff provides assistance to the homeless, including job applications, resumes, apartment searching, connecting individuals with resources, social security disability applications, ordering social security cards, connecting people to mental heath services, and other life skills. The Coordinator and Case Manager also work closely with the County of Orange and 2-1-1 to make sure that our homeless are surveyed (VI-SPDAT) and are on the housing list. Through the Coordination of Efforts (six -months) with 2-1-1 Huntington Beach homeless results are as follows: o 16 have been housed through Continuum of Care — VI-SPDAT Item 19. - 2 FIB -278- Dept. ID ED 19-29 Page 3 of 3 Meeting Date: 11/6/2017 0 55 are document ready, waiting to be placed 0 31 are assessed and are getting documentation ready In addition, a Volunteer Program has been established, which works with community volunteers that want to be a friend and mentor to assist someone experiencing the challenges of being homeless. There are 13 volunteers who will have signed up for the mentorship program and some of the volunteers conduct active outreach on Tuesdays. The goal is to pair the volunteers with currently homeless and newly housed individuals to assist them with navigating services, self- sufficiency, and life skills. Further, Staff works with Interval House and Mercy House on the Tenant Based Rental Assistance (TBRA) programs, which assist in rapid re -housing, Housing First, and temporary assistance for those nearing eviction. Over the last year they have assisted 58 households and an additional 31 households have graduated to self sufficiency. The City Council Homeless Sub -Committee has met over the last six months and has focused on potential housing, homeless services, and coordination with the County of Orange and surrounding cities. The Sub -Committee will be providing an update regarding homelessness in the near future. City Net Study Findings The City contracted with City Net to conduct a study of the status of homelessness in Huntington Beach. The report was completed in October 2014. City Net did not recommend a centralized service center, based on the "abundance of assets in the Huntington Beach nonprofit and faith community, we recommend that Huntington Beach invest in coordinating these resources without aggregating them or investing in heavy infrastructure. Keeping the services decentralized, but linking them structurally to lead to permanent solutions (such as housing) for homeless neighbors, thus working to end homelessness in Huntington Beach as opposed to managing the problem through continual service provisions. These will aggregate homeless neighbors into one geographic location, and will potentially create a perceived or real "magnet effect" wherein homeless people from outside Huntington Beach will go there to avail themselves of services." Given the availability of other resources and non -profits in the area that offer a multitude of services, it is recommended that the Sub -Lease Agreement be terminated effective January 8, 2018. The City, through its Homeless Task Force and all Departments, will help address the complicated issues posed by homelessness. Strategic Plan Goal: Non -Applicable — Administrative Item Attachment(s): None HB -279- Item 19. - 3 Switzer, Donna From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Thursday, November 02, 2017 7:58 AM To: Pipeline Clerk Agenda Subject: Surf City Pipeline: You have been assigned a new Request #: 31400 Request # 31400 from the Government Outreach System has been assigned to you. Request type: Problem Request area: City Council - Agenda & Public Hearing Comments Citizen name: Mary Martin Description: Dear Mayor and Huntington Beach City Council Members, As a resident of Huntington Beach since 1989, I am writing to ask that you re -think your impending vote to evict BSIS. I am sickened to think that our city, "Compassionate Huntington Beach, the City of Kindness", is dealing with the homeless and those who are in economic crises in such an inhumane way. If by evicting this amazing service you feel that it will eliminate or reduce the homeless population in our city, I believe that you will be very surprised. All the statistics show that this is a growing sad situation in our country, state, county and, I am sure, our very city. What has really made me wonder is how you seem to have come to this potential devasting decision which is not based on hard evidence and statistics, but mostly anecdotal evidence. When I taught at our local community college, I had to base my decisions on hard evidence, real anecdotal evidence, not hearsay. What I do know is that there are real statistics that BCIS has kept over their many years of serving not only homeless persons, but families, seniors and disabled persons. Their assistance to keep people in their homes when they are on the edge of loosing their housing, helping to feed them, provide medical and prescriptions, helping with utilities and clothing can be documented. Who will be able to provide for these same services? You think the local churches can, well, I think that you are also mistaken in that assumption. Many churches are doing all that they can. I strongly urge you to think carefully. I do not know if the information that I heard was true that the city will be developing the property that BCIS is located, but if it is true, then I am apalled to think that BCIS will be evicted and land developers will be taking over. Sincerely, Mary M. Martin, M.A. A parishioner of Sts. Simon & Jude Catholic Church Expected Close Date: November 15, 2017 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. SUPPLEMENTAL COMMUNICATION Agenda Item No.;_ i Cl i Estanislau, Robin From: Surf City Pipeline [noreply@user.govoutreach.com] RECEIVED Sent: Friday, November 03, 2017 4:24 PM To: CITY COUNCIL; Agenda Alerts 2017 NOY —3 PM 5: 03 Subject: Surf City Pipeline: Comment on an Agenda Item (notification) I'r Y , L C R 'rk CITY ar Request # 31412 from the Government Outreach System has been assigned'lo Agenda Alerts Request type: Problem Request area: City Council - Agenda & Public Hearing Comments Citizen name: Sue Wilkinson Description: Please show compassion and do not evict the Beach Cities interfaith Services. Twenty- seven percent of their clients are children, ages 0-18, thirteen percent are handicapped, many are veterans, and fifty percent of their clients are women. Crime has risen city- wide not just in central park. Sue Wilkinson Expected Close Date: November 6, 2017 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. SUPPLEMENTAL COMMUNICATION Mmft :�7 Apnds Ilaon Nm, ZL/2 Switzer, Donna From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Saturday, November 04, 2017 9:59 AM To: Pipeline Clerk Agenda Subject: Surf City Pipeline: You have been assigned a new Request #: 31414 Request # 31414 from the Government Outreach System has been assigned to you. Request type: Problem Request area: City Council - Agenda & Public Hearing Comments Citizen name: Arlyn Lee Description: Hello, I am writing in support of Beach Cities Interfaith Services. I found them a few years ago when I was looking for a local site to donate extra groceries. They were the only local site that had hours that worked with mine. Then I learned they also accept clothing, toiletries, just about any usable item. What a win -win! One stop donating that goes directly to those in need. All the volunteers I met are dedicated to their service of the community. The first time I donated, a volunteer gave me a tour of the building and explained their mission. That sealed it for me and BCIS has been receiving my donations ever since. BCIS is always clean and quiet. I have never been intimidated or threatened by the clients. When I walk in, I am often thanked by the clients when they realize I am bringing in a donation. I hope the City Council will renew Beach Cities Interfaith Services' lease and allow them to continue their service to the community. Sincerely, Arlyn Lee Expected Close Date: November 6, 2017 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. SUPPLEMENTAL COMMUNICATION Meeting Date: / "y ! / -7 Agenda Item No.; t Comments to the City Council November 6, 2017 Ralph Bauer Observations and failures by Huntington Beach in dealing with the homeless: 1. Firing B.C.I.S from the Huntington Beach location where they are presently located is a grievous error. The City will have lost substantial financial and people support. The Police Department's explanation for cancellation of the contract is grossly inaccurate and verges on being lies. It is requested that the City retain B.C.I.S. at the current location until a new location satisfactory to B.C.I.S. can be found. 2. The Police Department's explanation for cancellation is to blame B.C.I.S for the City's own failure. Despite numerous requests for the City to write a plan for dealing with the Homeless, the City has not written a plan. Models and outlines for writing a plan have been submitted to the City. 3. Despite requests to meet with public and private organizations on a regular basis to help with and co-ordinate efforts, the City has not responded. 4. The City has refused to hire a consultant like Lloyd Pendleton, the United States expert on homelessness, despite an offer of $5000 to underwrite the cost of a consultant 5. The City is unresponsive to an offer to support a fundraising event to deal with homelessness 6. The City is unresponsive to an apartment owners offer to dedicate one apartment to homelessness and to personally encourage other apartment owners to do so in return for the City to develop a housing plan for the homeless. The City has also refused to carry out the intentions of S.B.2. 7. Essentially none of the recommendations by the Citizens Homeless Task Force have been instituted 8. Letters to the City Manager, Police Chief and the Mayor and a phone call to the Police Chief remain unanswered. 9. There have been many disturbing events by the City Personnel: like rudely interrupting a citizen committee member at a public meeting, like saying, "We will never have housing for the homeless in Huntington Beach", like publishing self-serving reports and emphasizing arrests to demonize the homeless, like a failure to do a periodic census of the homeless to determine whether City strategies have been successful, like not introducing staff when petitioners for the homeless come before them, like daring to say that the City's feeble efforts are equal to the services of B.C.I.S., Like announcing that the homeless do not want help when there is a proven approach that reduces the hardcore homeless population by 90%, like discouraging building low-cost housing in Huntington Beach Frankly, the City's program is a botched failure. Hopefully, the City Council will be more courteous than the City Staff and respond to the concerns in this presentation. RECEIVED FROM ��If -5 AS PUKX FECOAD FOR COUNCIL MEETING OF CRY C M OFFICE R08MF ESTAM& Au. Cry Why Huntington Beach Needs Beach Cities Interfaith Services $550,000 Spent in (foods t Services by BCIS Mnuatly 1a00 A 1200 i 1000 Z 800 600 E400 i to0 0 0 Low Income People Being Served in Huntington Beach BCLS Homdn� BCIS NomN NR Clrt h chi u OrgawaDm $166,000 Worth of Volunteer Hours Donated Each \ Year Demographics of BCIS 9101n Of Housed Clients are HB Residents Ch Mrm (19q R-i o-e 60-1 F'wp'e w+tF C,b.h,m 31,56r, T of Food Given to HB Residents Every Year rr�,ale • r.•,I� SUB -LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND BEACH CITIES INTERFAITH SERVICES, INC. FOR USE OF CITY -LICENSED PROPERTY This Sublicense Agreement is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BEACH CITIES INTERFAITH SERVICES, INC. (BCIS), a non-profit corporation, hereinafter referred to as "SUBLICENSEE." WHEREAS, CITY has entered into a License Agreement with the County of Orange to use a portion of the OC Waste & Recycling/Closed Gothard Landfill, hereinafter "the Property," for purposes of establishing a food bank facility utilizing unpaid volunteers; and The License Agreement with the County of Orange allows for the sublicense of the same Property for the same purpose, if first approved in writing by the County of Orange; and BCIS desires to enter into a Sublicense Agreement with the CITY, upon approval in writing by the County of Orange, to establish a food bank facility utilizing unpaid volunteers on the same terms and conditions as set forth in the License Agreement; and CITY desires to allow such use as necessary for the purposes stated above in connection with a food bank facility utilizing unpaid volunteers; and The proposed use of the Property is permitted per Section 230.90 of the Huntington Beach Zoning and Subdivision Ordinance, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: PERMISSION. Permission is hereby given to SUBLICENSEE to enter upon and use the Property as depicted in the map attached hereto as Exhibit "A" (hereinafter referred to as the "Property") for the purpose described above, and, upon the same terms and conditions as set forth in the License Agreement Between CITY and the County of Orange, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference as though fully set forth herein. 2. TERM. The term of this Sublicense shall be a five-year term with an option to extend for one additional five-year term. 13-3632.001 /95132 3. TERMINATION. This Sublicense may be terminated by either CITY or SUBLICENSEE at any time on at least thirty (30) days written notice prior to termination. 4. RENT. SUBLICENSEE shall pay CITY the sum of six hundred dollars ($600.00) per year as rent for the use of the sublicensed Property. The annual rent shall be paid in advance, without prior notice or demand, on each anniversary of the effective date of the Sublicense. In addition to Rent, SUBLICENSEE shall pay to the entities entitled thereto all taxes, assessments, insurance premiums, maintenance charges and any other charges, costs and expenses against the Property which may be contemplated under any provision of this Sublicense. 5. INDEMNIFICATION DEFENSE, HOLD HARMLESS. SUBLICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY and County of Orange, their officers and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBLICENSEE's employees or volunteers and damage to SUBLICENSEE's property, arising directly or indirectly out of the grant of Sublicense herein contained, including those arising from the passive concurrent negligence of CITY or County of Orange, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY or County of Orange. SUBLICENSEE will conduct all defense at its sole cost and expense. 6. WORKERS' COMPENSATION INSURANCE. Pursuant to California Labor Code Section 1861, SUBLICENSEE acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBLICENSEE covenants that it will comply with all such laws and provisions prior to the encroachment into the Property pursuant to this Sublicense. SUBLICENSEE shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($260,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. 13-3632.001/95132 2 7. INSURANCE. SUBLICENSEE shall carry at all times incident hereto, on all activities to be performed on the Property as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY. Said insurance shall name the CITY and County of Orange, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. SUBLICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Sublicense Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, SUBLICENSEE shall immediately notify CITY of any known depletion of limits. SUBLICENSEE shall require its insurer to waive its subrogation rights against CITY and County of Orange and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT. Prior to the use of the Property pursuant to this Sublicense, SUBLICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. SUBLICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY and County of Orange by SUBLICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBLICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBLICENSEE's insurance policies, naming the CITY and County of Orange, its officers and employees as Additional Insureds shall be provided to the CITY counsel for approval prior to the use of the Property pursuant to this Sublicense. 13-3632.001/95132 3 9. RELEASE. SUBLICENSEE hereby releases and forever discharges CITY and County of Orange of and from any and all claims, demands, actions or causes of action whatsoever which SUBLICENSEE may have, or may hereafter have, against the CITY or County of Orange specifically arising out of the matter of the use by SUBLICENSEE of the Property. This is a complete and final release and shall be binding upon SUBLICENSEE and the heirs, executors, administrators, successors and assigns of SUBLICENSEE's use of the Property. SUBLICENSEE hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of CITY or County of Orange. 10. WASTE. SUBLICENSEE shall not alter, damage or commit any kind of waste upon the Property or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of CITY or County of Orange. SUBLICENSEE shall make no change in the use of the Property nor shall the design of the Property be changed other than as authorized herein without prior written consent of CITY. SUBLICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the Property and agrees to indemnify and hold CITY and County of Orange harmless against any such liens including but not limited of the payment of attorneys' fees. 11. MAINTENANCE. In addition to all the maintenance requirements set forth in the License Agreement, which SUBLICENSEE further agrees to comply with, SUBLICENSEE agrees to care for and maintain the Property in good and satisfactory condition as acceptable to the CITY. Maintenance shall include daily cleaning of the Property area including but not limited to removal of all rubbish, food stuffs, paper, bottles, cans, gum, cigarettes, animal litter, dirt and sand. SUBLICENSEE shall keep the Property area reasonably clean and free of debris during its use thereof, and shall restore the Property, as much as reasonably practicable, to its former condition. In the event SUBLICENSEE does not maintain the Property in a satisfactory manner, SUBLICENSEE authorizes CITY to perform such maintenance on SUBLICENSEE'S behalf. All costs incurred performing said maintenance shall be 13-3632.001/95132 4 assessed to and billed directly to the SUBLICENSEE. SUBLICENSEE agrees to pay such costs within thirty (30) days of billing. In the event any damage is caused to the Property, as a result of the use authorized hereunder, SUBLICENSEE agrees to repair same at its own expense. SUBLICENSEE shall enclose the Property by keeping and maintaining the existing security fence. 12. ACCESS. a) Each party shall provide access to the Property to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week or as designated in permit approvals. CITY represents and warrants that it has full rights of ingress and egress to and from the Property, and hereby grants such rights to SUBLICENSEE to the extent required for authorized operations. SUBLICENSEE's exercise of such rights shall not cause undue inconvenience to CITY. All SUBLICENSEE's operations shall comply with all ordinances, regulations, and laws. b) SUBLICENSEE shall, at its sole cost and expense, maintain and repair the Property and SUBLICENSEE's Facilities including, but not limited to, the removal of all trash, debris and graffiti. If SUBLICENSEE causes any damage to the Property or to access roadways or other nearby facilities, it shall properly repair same as specified by CITY. c) Upon the expiration or termination of this Agreement, SUBLICENSEE shall surrender the Property to CITY in good and clean condition, less ordinary wear and tear, and as approved in writing by CITY. 13. CONTROL OF EQUIPMENT. SUBLICENSEE shall keep any equipment used or brought onto the Property under its absolute and complete control at times and said equipment shall be used on the Property at the sole risk of SUBLICENSEE. 14. INDEPENDENT CONTRACTOR. SUBLICENSEE agrees that all work done or undertaken by it on the Property shall be for its sole account and not as an agent, servant or contractor for CITY or County of Orange. 15. HAZARDOUS SUBSTANCE. SUBLICENSEE represents and warrants that its use of the property herein will not generate any hazardous substance, and it will not store or dispose on the Property or transport to or over the Property any 13-3632.001/95132 5 hazardous substance. SUBLICENSEE further agrees to clean up and remediate any hazardous substance on the Property, and hold CITY and County of Orange harmless from and indemnify CITY and County of Orange against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of CITY or County of Orange, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 16. NO ASSIGNMENT. SUBLICENSEE agrees that the permission herein extended shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of CITY. 17. NO TITLE INTEREST. No title interest of any kind is hereby given and SUBLICENSEE shall never assert any claim or title to the Property. 18. NOTICES. All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and certified with return receipt requested and addressed to SUBLICENSEE or to CITY at the respective addresses shown below: CITY: City of Huntington Beach Real Estate Services Manager 2000 Main Street Huntington Beach, CA 92648 SUBLICENSEE: Beach Cities Interfaith Services, Inc. Attn: Robert E. Sjogren 17381 Madera Lane Huntington Beach, CA 92647 19. NO DISCRIMINATION. SUBLICENSEE agrees that in performance of this Agreement and in the use of the Property area authorized hereunder, it will not engage in, or permit its officers, agents, volunteers or employees to engage in any discrimination or discriminatory practices against any person based on race, religion, 13-3632.001/95132 6 creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. 20. ATTORNEYS' FEES. In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees. 21. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 20_. SUBLICENSE& CITY OF HUNTINGTON BEACH, a municipal corporation of the State of BEACH CITIES INTERFAITH California SERVICES, INC., a nonprofit corporation City Manager By: �,,e�APPROVED AS TO FORM: R print name ITS: (circle one) Chairm ;6D ice President City Attorney By: v 56n ;,,n,,e ITS: (circle onSecretChief Financial Officer/Asst. Secretary - Treasurer Exhibits: A. Assessor's Parcel Map B. Overhead Photo 13-3632.001/95132 7 ow) OV_ T-7-13 creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. - --- 20. ATTORNEYS' FEES. In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees. 21. -ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on October 14 920 13 SUBLICENSEE: BEACH CITIES INTERFAITH SERVICES, INC., a nonprofit corporation print name ITS: (circle one) Chairman/PresidentNice President AND At CITY OF HUNTINGTON BEACH, a municipal corporation of the State of APP VED AS TO FORM: / r J� ity Attorney pyCo S (31 1 ..� -7-13 print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer Exhibits: A. Assessor's Parcel Map B. Overhead Photo 13-3632.001/95132 7 1 3 5 7 9. 11' 13! 15 17 19 21 23 25 27 29 31 77 35 37 39 41 43 45 47 49 EXHIBIT 46A2" LICENSE AREA CONCEPTUAL FACILITIES PLAN y.. v our aar cwi EX511HG SURFN:E VAIEPoAI � I rssuaml rise/%eve' W NOTE 1, FA^Ni NG 9JItFACE FNic3AL.(At PANNG GZiYELj TO MAN 7. 4IE SLL UTa trMAM MU Rr' M AS F. 3. ALRD = ME SIMMERS WU.NDr M .6LLLm u+ THE MUM k MPM M NRTNES YIU BE fN MMMI ABCYE.CPADE.. S CCNYRA U SHALL MAM MLY TEE PATH w T AS'm wkgY MMH QIY._5i , Nd'l'A�61'.=ES AM IEWL ENTS. & n \ \ y HAT08 Ma OF ACCFSS ROAD TD EF- W LUDEO-IN LEASE City of Huntington Beach License Food Bank Facility IS'xn• SMRA6E Y�H FOOU/QDii81G 9'-6' I (MXI-FINiM15L�} i•'� 4•-�'4 i i PARKINS 94N i Page 20 of 38 AtMMM PATH OF IRGEL Eg5iPi6 WWACE VATMk /M L TO REWM Inew DZMC F LE M ]MALL WN, LATE. TO SOON" �-� IN � TO RMC MAY _ NNJ�1Y � i Fi3VCE UNE a 5 - (2).24'AAC• IOWAH LnNLs W/ i' CAP 80WEV1. r P.1 of 1 M uiCHLAi mm FMMrk m tM ALL Im OMM S DEWAUC AND FENCE RCr SHCMN FM QAFW (EJ WATEA N TER Project No: PM 105-33 Closed Gothard Landfill 1 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 City of Huntington Beach License Food Bank Facility Project No: PM 105-33 OC Waste & Recycling/Closed Gothard Landfill LICENSE THIS LICENSE ("License") is made P t , 2013 ("Effective Date"), by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the CITY OF HUNTINGTON BEACH, a charter city and municipal corporation, organized and existing under the Constitution and laws of the State of California (hereinafter referred to as "LICENSEE") without regard to number and gender. 1. DEFINITIONS (AMLC-2.1 S) 1 2. 1 3. The following words in this License have the significance attached to them in this clause, unless otherwise apparent from context: "Board of Supervisors" means the Board of Supervisors of the County of Orange, a political subdivision of the State of California. "OCWR Director" means the Director, OC Waste & Recycling, County of Orange or designee, or upon written notice to LICENSEE, such other person or entity as shall be designated by the Board of Supervisors. "OC Waste & Recycling" means OC Waste & Recycling, County of Orange, or upon written notice to LICENSEE, such other person or entity as shall be designated by the Board of Supervisors: "Risk Management" means the County Executive Office, Risk Management, County of Orange or upon written notice to LICENSEE, such other entity as shall be designated by the County Executive Officer or the Board of Supervisors. TERM (AMLC-3.1 N) This License shall be effective upon the Effective Date. Said License shall continue in effect until terminated as provided in Clause 3 (TERMINATION) of this License or until ten (10) years from the Effective Date, whichever occurs first. TERMINATION (AMLC-3.3 S) This License shall be revocable by either COUNTY or LICENSEE at any time; however, as a courtesy, the terminating party will endeavor to give the other party at least thirty (30) days written notice prior to revocation, City of Huntington Beach License Food Bank Facility Page 1 of 38 Project No: PM 105-33 Closed. Gothard Landfill 4. 11 13 5. 15 17 19 21 23 25 27 29 31 6. 33 35 37 39 41 43 45 47 49 LICENSE AREA (AMLC-4.1 N) COUNTY grants to LICENSEE the non-exclusive right to use that certain property hereinafter referred to as "License Area," shown on Exhibit "Al", attached hereto and by reference made a part hereof. LICENSEE agrees that in the event that the OCWR Director finds it necessary to construct landfill gas, water quality, drainage or. other improvements in the License Area, LICENSEE shall at LICENSEE's sole expense re -locate LICENSEE's improvements, structures and facilities as necessary to accommodate said construction. The area occupied by LICENSEE shall becomethe the License Area for purposes of this License and all references to "License Area" in this License shall apply to the new License Area. PARIUNG AND VEHICLE CONTROL (AMLC-4.3 N) , LICENSEE understands and agrees that due to former landfill maintenance requirements, motor vehicle parking within the License Area must be restricted. Licensee may allow motor vehicles to park within the License Area in as many as twelve (12) marked parking spaces, which spaces must be on the portion of the License Area that is paved with asphalt or paved with gravel. Drainage from those parking spaces must flow away from the former landfill toward Gothard Street. Any other parking of motor vehicles within the License Area is prohibited. As may be required by applicable law, LICENSEE shall also designate parking for disabled persons in accordance with the Americans with Disabilities Act, Section 7102 of the California Uniform Building Code and the applicable codes and/or ordinances relating to parking for disabled persons as established by the local jurisdiction in which the License Area is located where the provisions of such local codes and/or ordinances exceed or supersede the State requirements. LICENSEE agrees to provide adequate staff to control traffic in the License Area. USE (AMLC-5.1 N) LICENSEE's use of the License Area shall be limited to operating a Food Bank facility utilizing unpaid volunteers as necessary. The Food Bank facility will provide assistance to the homeless and at -risk families, and such assistance will include, but is not limited to, utility payment assistance, providing free groceries, used clothing, secure mailboxes, bus tickets, Christmas gifts, and school supplies to patrons. The facility hours of operation are to be from 9:00 am to 3:00 pm, Monday through Friday or as may be revised by LICENSEE upon prior written approval of OCWR Director. LICENSEE shall install facilities in the License Area as shown on Exhibit "AT' (License Area Conceptual Facilities Plan). As the final Facilities Plan is subject to change, LICENSEE must receive COUNTY's approval in writing first prior to any installation work commencing under such final Facilities Plan. LICENSEE intends to install a double wide trailer and a portable storage facility on the License Area. LICENSEE shall hard -plumb water and sewer services to the License Area. Parking will be made available for food bank employees, volunteers and patrons pursuant to Clause 5 ("PARKING AND VEHICLE CONTROL"). Existing fencing and security features shall remain in place pursuant City of Huntington Beach License Page 2 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 7 9 11 13 15' 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 to Clause 10 ("FENCING"). No permanent structures shall be constructed by LICENSEE within the License Area. LICENSEE understands and agrees that COUNTY retains the right to enter upon the License Area and further agrees to allow COUNTY to place its own lock on LICENSEE's entrance gate to provide such access. LICENSEE understands and agrees that the License Area may be inspected at any time by any regulatory agency that has jurisdiction over former solid waste landfills. Use of the site may be subject to regulation by: the County Health Care Agency/Local Enforcement Agency (LEA) in its role as regulatory support to CalRecycle, the State agency that is responsible for regulatory compliance of former disposal sites and landfills; the California Regional Water Quality Control Board, Santa Ana Region (SARWQCB); the South Coast Air Quality Management District (SCAQMD); or other regulators having jurisdiction over closed landfill sites. If any such regulators impose conditions as a result of LICENSEE's use of the site, LICENSEE shall be responsible to immediately comply with such conditions at LICENSEE'S sole expense. LICENSEE acknowledges that License Area is the site of a former landfill and as a result the land may be subject to settling and generation of landfill gas. LICENSEE hereby agrees to indemnify and defend COUNTY and to hold COUNTY, its officers, employees, and contractors harmless from any loss; claims, liability, or costs arising out of or which may result from settling, generation of landfill gas, or any other damage or liability arising as a result of LICENSEE's use of the former landfill. LICENSEE shall also be responsible for preparing any and all required CEQA documentation related to the installation of the Food Bank facility and any such documentation must first be reviewed and approved by COUNTY prior to the Board of Supervisors being asked to approve License. LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit any other activity within or from the License Area. LICENSEE further agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the License Area and to comply with all governmental laws and regulations in connection with its use of the License Area. NO ALCOHOLIC BEVERAGES SHALL BE SOLD OR CONSUMED WITHIN THE LICENSE AREA. NO TOBACCO PRODUCTS SHALL BE SOLD OR CONSUMED WITHIN THE OFFICE TRAILER SITUATED IN THE LICENSE AREA. 7. LICENSE FEE (AMLC-6.1 N) LICENSEE agrees to pay COUNTY from and after the Effective Date of this License the sum of Six Hundred U.S. Dollars ($600.00) per year as a fee ("License Fee") for the use of the License Area. Said annual License Fee shall be payable in advance, without prior notice or demand, on each anniversary of the Effective Date of this License while this License is in effect without deduction or offset. In the event the obligation to pay the License Fee terminates on some day other than the day prior to the anniversary of the Effective Date of this License, the License Fee shall be prorated to reflect the actual period of use on the basis of a three hundred sixty-five (365) day year. City of Huntington Beach License Food Bank Facility Page 3 of 38 Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 JJ 35 37 39 41 43 45 47 49 8. PAYMENT PROCEDURE (AN LC-7.1 S) All payments shall be delivered to the County of Orange, OC Waste & Recycling, 300 North Flower Street, Suite 400, Santa Ana, California 92703; Attn: Accounts Receivable. The designated place of payment may be changed at any time by COUNTY upon ten (10) days written notice to LICENSEE. Fee payments may be made by check payable to the County of Orange. LICENSEE assumes all risk of loss if payments are made by mail. No payment by LICENSEE or receipt by COUNTY of a lesser amount than the payment due shall be deemed to be other than on account of the payment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as payment be deemed an accord and satisfaction, and COUNTY shall'accept such check or payment without prejudice to COUNTY's right to recover the balance of said payment or pursue any other remedy in this License.. 9. CHARGE FOR LATE PAYMENT (A 4LC-7.2 S) LICENSEE hereby acknowledges that the late payment of the License Fee or other sums due hereunder will cause COUNTY to incur costs not contemplated by this License, the exact amount of which will be difficult to ascertain. Such costs include but are not limited to costs such as administrative processing of delinquent notices, increased accounting costs, etc. Accordingly, if any payment of the License Fee, as specified in Clause 7 ("LICENSE FEE") or if any other sum due COUNTY is not received by COUNTY by the due date, a late charge of one and one-half percent (1.5%) of the payment due and unpaid plus One Hundred Dollars ($100) shall be added to the payment, and the total sum shall become immediately due and payable to COUNTY. An additional charge of one and one-half percent (1.5%) of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. If the due date falls on a Saturday, Sunday, or COUNTY legal holiday, the due date shall be extended to the next business day following that Saturday, Sunday, or COUNTY legal holiday, notwithstanding any other provisions of this License. LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by COUNTY shall in no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or prevent COUNTY from exercising any of the other rights and remedies granted. hereunder. 10. FENCING (N) LICENSEE acknowledges that there is an existing security fence and gate surrounding the License Area for maintaining security of the License Area and of COUNTY improvements. LICENSEE agrees to maintain in good condition and repair at LICENSEE's expense the perimeter fencing and gate around the License Area for as long as this License Agreement is in effect. The Licensee also agrees to keep the fence gate closed during non -operating hours. City of Huntington Beach License Food Bank Facility Page 4 of 38 Project No: PM 105-33 Closed Gothard Landfill 11. REGRADING (N) 7 9 12. 11 H 15 LICENSEE agrees that during the term of this License, it will re -grade the License Area, as needed, to compensate for soil settlement, if any, by eliminating low spots and preventing storm water or water from other sources from ponding in the License Area. Such re -grading shall be done upon request from the OCWR Director consistent with landfill property drainage and erosion control standards and shall be done at LICENSEE's sole expense. COUNTY EAPROVEIVIENTS (N) LICENSEE agrees to protect in place COUNTY's existing and future improvements and infrastructure within the License Area. LICENSEE shall be solely responsible for the cost of repair or replacement of COUNTY's improvements if such improvements are damaged due to LICENSEE's use of the License Area. 13. UTILITIES (AMLC-9.1 N) 17 19 21 14. 23 25 27 29 31 33 35 37 39 41 43 45 47 LICENSEE shall be responsible for and pay, prior to the- delinquency date, all charges for utilities supplied to the License Area. INSURANCE (AMLC-10.1 N) LICENSEE agrees to purchase all required insurance at LICENSEE's expense and to deposit with COUNTY certificates of insurance, including all endorsements required herein, necessary to satisfy COUNTY that the insurance provisions of this License have been complied with and to keep such insurance coverage and the certificates and endorsements therefore on deposit with COUNTY during the entire term of this License. This License shall automatically terminate if LICENSEE's insurance coverage is terminated and LICENSEE fails to deposit with COUNTY replacement certificates of insurance, including all endorsements required herein, within ten (10) business days after termination. If this License terminates pursuant to the preceding sentence, but, within ten (10) business days thereafter, LICENSEE obtains and provides evidence of the required insurance coverage acceptable to OCWR Director, this License may be reinstated at the sole discretion of OCWR Director. LICENSEE shall pay COUNTY Six Hundred Dollars ($600.00) for processing the reinstatement of this License. LICENSEE agrees that LICENSEE shall not operate on the License Area at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of OCWR Director. In no cases shall assurances by LICENSEE, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. OCWR Director will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of LICENSEE's insurance, COUNTY may take whatever steps are necessary to interrupt any operation from or on the License Area until such time as OCWR Director reinstates the License. If LICENSEE fails to provide OCWR Director with a valid certificate of insurance and endorsements, or binder at any time during the term of the License, COUNTY and. LICENSEE agree that this shall constitute a material breach of the License. Whether or not a notice of default has or City of Huntington Beach License Page 5 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 has not been sent to LICENSEE, said material breach shall permit COUNTY to take whatever steps necessary to interrupt any operation from or on the License Area, and to prevent any persons, including, but not limited to, members of the general public, and LICENSEE's employees and agents, from entering the License Area until such time as OCWR Director is provided with adequate evidence of insurance required herein. LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from COUNTY's action. All contractors performing work on behalf of LICENSEE pursuant to this License and any sublicensee shall obtain insurance subject to the same terms and conditions as set forth herein for LICENSEE. LICENSEE shall not allow contractors, subcontractors, or sublicensees to work if contractors, subcontractors, or sublicensees have less than the level of coverage required by COUNTY from the LICENSEE under this License. It is the obligation of the LICENSEE to provide written notice of the insurance requirements to every contractor and sublicensee and to receive proof of insurance prior*to allowing any contractor or sublicensee to begin work within the License Area. Such proof of insurance must be maintained by LICENSEE through the entirety of this License and be available for inspection by a COUNTY representative at any reasonable time. All self -insured retentions (SIRS) and deductibles shall be clearly stated on the Certificate of Insurance. If no SIRS or deductibles apply, indicate this on the Certificate of Insurance with a 0 by the appropriate line of coverage. Any self -insured retention (SIR) or deductible in excess of $25,000 ($5,000 for automobile liability), shall specifically be approved by the County Executive Office (CEO)/Office of Risk Management. If the LICENSEE fails to maintain insurance acceptable to COUNTY for the full term of this License, COUNTY may terminate this License. Oualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier) or have a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category) as determined by the most current edition of the Best's Key Rating Guide/Proyerty-Casualty/United States or ambest.com. If the insurance carrier is not an admitted carrier in the state of California and does not have an A.M. Best rating of A-/VIII, the CEO /Risk management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by LICENSEE shall provide the minimum limits and coverage as set forth below: Coverages Commercial General Liability City of Huntington Beach License Food Bank Facility Minimum Limits $1,000,000 per occurrence $2,000,000 aggregate Page 6 of 38 Project No: PM 105-33 Closed Gothard Landfill 1 5 7 9 11 13 15 17 19 21, 23 25 27 29 31 33 35 37 39 41 43 45 47 49 Automobile Liability, including coverage for owned, non -owned and hired vehicles Workers' Compensation Employers' Liability Insurance Required Coverage Forms $1,000,000 limit per occurrence Statutory $1,000,000 per occurrence The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance: 1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming the County of Orange, its elected and appointed officials, operators, officers, employees, agents as Additional Insureds. 2) A primary non-contributing endorsement evidencing that the Licensee's insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. All insurance policies required by this License shall waive all rights of subrogation against the County of Orange and members of the Board of Supervisors, its elected and appointed officials, operators, officers, agents and employees when acting within the scope of their appointment or employment. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, and members of the Board of Supervisors, its elected and appointed officials, operators, officers, agents and employees. All insurance policies required by this License shall give the County of Orange thirty (30) days' notice in the event of cancellation and ten (10) days for non-payment of premium. This shall be evidenced by policy provisions or an endorsement separate from the Certificate of Insurance. The Commercial General Liability policy shall contain a severability of interests clause, also known as a "separation of insureds" clause (standard in the ISO CG 001 policy). Insurance certificates should be forwarded to the COUNTY address provided in the Clause entitled NOTICES of this Lease or to an address provided by OCWR Director. LICENSEE has ten (10) City of Huntington Beach License Food Bank Facility Page 7 of 38 Project No: PM 105-33 Closed Gothard Landfill 9 11 13 15 17 19 15. 21 23 25 27 29 31 33 35 37 39 41 43 15. 45 47 49 business days after receipt of notice to provide adequate evidence of insurance or this License may be cancelled. COUNTY expressly retains the right to require LICENSEE to increase or decrease insurance of any of the above insurance types throughout the term of this License. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect COUNTY. COUNTY shall notify LICENSEE in writing of changes in the insurance requirements. If LICENSEE does not deposit copies of acceptable certificates of insurance and endorsements with COUNTY incorporating such changes within thirty (30) days of receipt of such notice, this License may be in breach without further notice to LICENSEE, and COUNTY shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit LICENSEE's liability hereunder or to fulfill the indemnification provisions and requirements of this License, nor in any way to reduce the policy coverage and limits available from the insurer. OPERATIONS (AMLC-11.1 N) LICENSEE shall, to the satisfaction of COUNTY, keep and maintain the License Area and all improvements of any kind installed by LICENSEE in good condition and in substantial repair. It shall be LICENSEE's responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair. LICENSEE expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to the complete satisfaction of COUNTY and in compliance with all applicable laws. LICENSEE further agrees to provide approved containers for trash and garbage and to keep the License Area free and clear of rubbish and litter. COUNTY shall have the right to enter upon and inspect the License Area at any time for cleanliness and safety. LICENSEE shall designate in writing to COUNTY an onsite representative who shall be responsible for the day to day operation and level of maintenance, cleanliness, and general order. If LICENSEE fails to maintain or make repairs or replacements as required herein, COUNTY may notify LICENSEE in writing of said failure. Should LICENSEE fail to correct the situation within a reasonable time thereafter as established by OC`VR Director, the OC)VR Director may have the necessary correction made and the cost thereof, including but not limited to the cost of labor, materials, and equipment and administration, shall be paid by LICENSEE within ten (10) days of receipt of a statement of said cost from OCVv'R Director. OCVR Director may, at OCVR Director's option, choose other remedies available herein, or by law. TERMINATION OF PRIOR AGREEMENTS (AMLC-12.1 S) It is mutually agreed that this License shall terminate and supersede any prior agreements between the parties hereto covering all or any portion of the License Area. Notwithstanding the foregoing, this provision shall not release Licensee from any obligations under any prior agreements to be City of Huntington Beach License Page 8 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 performed through the effective date of this Agreement or from any obligations of indemnification based upon events occurring prior to the effective date of this Agreement. 17. LIMITATION OF THE LICENSE (AMLC-13.1 S) This License and the rights and privileges granted LICENSEE in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the License Area. Nothing contained in this License or in any document related hereto shall.be construed to imply the conveyance to LICENSEE of rights in the License Area which exceed those owned by COUNTY. 18. LABOR CODE COMPLIANCE (AMLC-14.1 S) LICENSEE acknowledges and agrees that all improvements or modifications required to be performed as a condition precedent to the commencement of the term of this License or any such future improvements or modifications performed by LICENSEE at the request of COUNTY shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Section 1770, et seq.). These provisions are applicable to improvements or modifications costing more than $1,000. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Orange County Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality applicable to the License for each craft, classification, or type of workman needed to execute the aforesaid improvements or modifications. The rates are available at the following website: http://www.dir.ca.iaov/dlsr/DPreWageDetermination.htm from the Director of the State Department of Industrial Relations. LICENSEE shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates at all times for all improvements or modifications to be completed for COUNTY within the Premises. LICENSEE shall comply with the provisions of Sections 1775 and 1813 of the Labor Code. As required by applicable law, LICENSEE shall maintain certified payroll records for all workers that will be assigned to the improvements or modifications and shall produce said records upon request by COUNTY or other State agency. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker. Upon request LICENSEE shall provide the OCWR Director updated, certified payroll records for all workers that shall include, but not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages paid. If LICENSEE neglects, fails or refuses to provide said payroll records to COUNTY, upon request, and LICENSEE was otherwise required to maintain such records by applicable law, such occurrence shall constitute an event of default of this License and COUNTY may, notwithstanding any other termination provisions contained herein, terminate this License. City of Huntington Beach License Food Bank Facility Page 9 of 38 Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 19. RIGHT TO WORK AND MINIMUM WAGE LAWS (AMLC-14.2 S) In accordance with the United States Immigration Reform and Control Act of 1986, LICENSEE shall require its employees that directly or indirectly service the License Area or terms and conditions of this License, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. LICENSEE shall also require and verify that its contractors or any other persons servicing the License Area or terms and conditions of this License, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States. Pursuant to the United States of America. Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, LICENSEE shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the License Area, in any manner whatsoever. LICENSEE shall require and verify that all its contractors or other persons servicing the License Area on behalf of the LICENSEE also pay their employees no less than the greater of the Federal or California Minimum Wage. LICENSEE shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the License Area or terms and conditions of this License. Notwithstanding the minimum wage requirements provided for in this clause, LICENSEE, where applicable, shall comply with the prevailing wage and related requirements, as provided for in Clause 18 ("LABOR CODE COMPLIANCE") of this License. 20. BEST MANAGEMENT PRACTICES (AMLC 15.1 S) LICENSEE and all of LICENSEE's sublicensees, agents, employees and contractors shall conduct operations under this License so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters"(as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System ("NPDES") permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the License Area licensed under this License. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan ("DAMP") which includes a Local Implementation Plan ("LIP") for each jurisdiction that contains Best Management Practices (`BMPs") that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of City of Huntington Beach License Food Bank Facility Page 10 of 38 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 21. 31 33 35 37 39 41 43 45 47 49 conditions to manage the quantity and improve the quality of storm water runoff in a cost effective manner. These BMPs are found within the COUNTY's LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as `BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non -storm water discharges and minimize the impact of pollutants on storm water runoff. BMP Fact Sheets that apply to uses authorized under this License include the BMP Fact Sheets that are attached hereto as Exhibit "Bl" through Exhibit "136". These BMP Fact Sheets may be modified during the term of the License; and the OCWR Director shall provide LICENSEE with any such modified BMP Fact Sheets. LICENSEE, its agents, contractors, representatives and employees and all persons authorized by LICENSEE to conduct activities on the License Area shall, throughout the term of this License, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this License commences or as the Stormwater Permits may be modified. LICENSEE agrees to maintain current copies of the BMP Fact Sheets on the License Area throughout the term of this License. The BMPs applicable to uses authorized under this License must be performed as described within all applicable BMP Fact Sheets. LICENSEE may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the OCWR Director for review and approval prior to implementation. The OCWR Director may enter the License Area and/or review LICENSEE'S records at any time to assure that activities conducted on the License Area comply with the requirements of this section. LICENSEE may be required to implement a self -evaluation program to demonstrate compliance with the requirements of this section. HAZARDOUS MATERIALS (AMLC-15.2 S) A. Definition of Hazardous Materials. For purposes of this License, the term "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste, which is or shall become regulated by any governmental entity, including, without limitation, the County of Orange, the State of California or the United States government. B. Use of Hazardous Materials. LICENSEE or LICENSEE's employees, agents, independent contractors or invitees (collectively "LICENSEE Parties") shall not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or about the License Area (which for purposes of this Clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, LICENSEE may keep on or about the License Area small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the License Area. Said permitted Hazardous Materials shall be stored in a safe location and shall be disposed of in a manner provided by law. City of Huntington Beach License Page 11 of 38 Project No: PM 105-33' Food Bank Facility Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 22. 43 45 47 49 C. LICENSEE Obli ations. If the presence of any Hazardous Materials on, under or about the License Area caused or permitted by LICENSEE or LICENSEE Parties results in (i) injury to any person, (ii) injury to or contamination of the License Area, or (iii) injury to or contamination or any real or personal property wherever situated, LICENSEE, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the License Area to the condition existing prior to the introduction of such Hazardous Materials to the License Area to the extent practicable and shall remedy or repair any such injury or contamination to the extent practicable. Without limiting any other rights or remedies of COUNTY under this License, LICENSEE shall pay the cost of any cleanup or remedial work performed on, under, or about the License Area as required by this License or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by LICENSEE or LICENSEE Parties on or about the License Area. Notwithstanding the foregoing, LICENSEE shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the License Area caused or permitted by LICENSEE or LICENSEE Parties, or enter into. any settlement agreement, consent decree or other compromise with any governmental or quasi -governmental entity without first obtaining the prior written consent of OCWR Director. All work performed or caused to be performed by LICENSEE as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, permits and other requirements for such work approved by OCWR Director. D. Indemnification for Hazardous Materials. To the fullest extent permitted by law, LICENSEE hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to OCWR Director) COUNTY, its elected officials, officers, employees, agents, independent contractors, and the License Area, from and against any and all liabilities, losses, damages (including, but not limited, damages for the loss or restriction on use of rentable or usable space or any amenity of the License Area or damages arising from any adverse impact on marketing and diminution in the value of the License Area), judgments, fines, demands, claims, recoveries, deficiencies; costs and expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all other reasonable professional or consultant's expenses), whether foreseeable or unforeseeable, to the extent arising out of the presence, use, generation, storage, treatment, on or off -site disposal or transportation of Hazardous Materials on, into, from, under or about the License Area by LICENSEE or LICENSEE Parties. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the License Area and the preparation of any closure or other required plans. All LICENSEE's indemnity obligations arising pursuant to this section shall survive the termination of this License. ASSIGNING AND SUBLICENSING (AME-7.2 N) Any transfer, sublicense, or assignment (hereinafter in this clause referred to collectively as "Transfer") of LICENSEE's interest. in the License Area, or any part or portion thereof, shall first be approved in writing by COUNTY. Any Transfer which has not been approved by COUNTY in writing shall be void. Occupancy of the License Area by a prospective transferee, sublicensee or assignee before approval of the transfer, sublease, or assignment by COUNTY shall constitute a breach of this License. City of Huntington Beach License Page 12 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 All sublicenses shall be between LICENSEE and sublicensee; the entry into sub-sublicenses is prohibited and shall constitute a breach of this License. If the LICENSEE hereunder is a corporation or an unincorporated association or partnership, the Transfer of any stock or interest in said corporation, association, or partnership in the aggregate exceeding twenty-five percent (25%) shall be deemed an assignment within the meaning of this License. Should COUNTY consent to any Transfer, such consent shall not constitute a waiver of any of the terms, covenants, or conditions of this License or be construed as COUNTY's consent to any further Transfer. Such terms, covenants, or conditions shall apply to each and every Transfer hereunder and shall be severally binding upon each and every encumbrancer, assignee, transferee, sublicensee, or other successor in interest of LICENSEE. Any document to transfer, sublicense, or assign the License Area or any part thereof shall not be inconsistent with the provisions of this License, and in the event of any such inconsistency, the provisions of this License shall control. COUNTY agrees that it will not arbitrarily withhold consent to any Transfer, but COUNTY may withhold consent at its sole discretion if any of the following conditions exist: A. LICENSEE or any of his successors or assigns is in default of any term, covenant or condition of this License, whether notice of default has or has not been given by COUNTY. B. The prospective transferee has not agreed in writing to keep, perform, and be bound by all the terms, covenants, and conditions of this License. C. All the terms, covenants, and conditions of Transfer, including the consideration therefor of any and every kind, have not been revealed in writing to Director. D. LICENSEE has not provided Director with a copy of all documents relating thereto including, but not limited to, appraisals if any. E. Any construction required of LICENSEE as a condition of this License has not been completed to the satisfaction of COUNTY. 23. NOTICES (AN LC-16.1 S) All notices, documents, correspondence, and communications concerning this License shall be addressed as set forth in this Clause, or as the Parties may hereafter designate by written notice, and shall be delivered personally or sent through the United States mail, first-class, postage prepaid, return receipt requested. Any such mailing shall be deemed served or delivered upon receipt or refusal pursuant to the foregoing. Each Party may change the address for notices by giving the other Party at least ten (10) calendar days prior written notice of the new address. Notwithstanding the above, either party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery, regular mail, or facsimile and, so given, shall be deemed to have been given upon receipt if provided by personal delivery or facsimile, or forty-eight (48) hours after mailing if provided by regular mail. City of Huntington Beach License Food Bank Facility Page 13 of 38 Project No: PM 105-33 Closed Gothard Landfill COUNTY: LICENSEE County of Orange City of Huntington Beach OC Waste & Recycling 2000 Main Street 300 N. Flower St., Ste. 400 Huntington Beach, CA 92648 Santa Ana, CA 92703-5000 Ph: 714-536-5542 Ph: 714-834-4000 Attn: Economic Development Department Attn: Director 24. ATTACHM[ENTS AND EXHIBITS TO LICENSE (AMLC-17.1 S) This License includes the following, which are attached hereto and made a part hereof: I. GENERAL CONDITIONS II. EXHIBITS Al License Area Vicinity Map A2 License Area Conceptual Facilities Plan 131 BMP Fact Sheet: IC3 Building Maintenance B2 BMP Fact Sheet: IC9 Outdoor Drainage from Indoor Areas B3 BMP Fact Sheet: IC 10 Outdoor Loading/Unloading of Materials B4 BMP Fact Sheet: IC17 Spill Prevention & Cleanup B5 BMP Fact Sheet: IC21 Waste Handling & Disposal B6 BMP Fact Sheet: IC24 Wastewater Disposal Guidelines City of Huntington Beach License Page 14 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 IN WITNESS WHEREOF, the parties have executed this License the day and year first above written. APPROVED AS TO FORM: vY ' Attorney 1'o 1311`3 OX.1 0 1111...4, iiii APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By. � Deputy County Counsel Date: _ v Iq SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. SEC 25103, RESOLUTION 79-1535 Attest: r�� op o� J p 3 '^ erk of the Board of Supervisors Orange County, California City of Huntington Beach License Food Bank Facility LICENSEE CITY OF HUNT GTON BEACH a charter city arugicipal corporation ATTEST: B City Clerk RECOMMENDED FOR APPROVAL: OC WASTE & RECYCLING By: ector/Departm t Head By: Department Real Estate Representative COUNTY COUNTY OF By: Chair of th upervisors Orange ty, California Page 15 of 38 Project No: P:L1105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 City of Huntington Beach License Food Bank Facility Project No: PM 105-33 OC Waste & Recycling/Closed Gothard Landfill GENERAL CONDITIONS (AMLC-GC 1-15) PERMITS AND LICENSES (AMLC-GC 1 S) LICENSEE shall be required to obtain any and all permits and/or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by COUNTY, in its governmental capacity, shall affect or limit LICENSEE's obligations hereunder, nor shall any approvals or consents given by COUNTY, as a party to this Agreement, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations. 2. SIGNS (AMLC-GC2 N) Signs are allowed upon the License Area. LICENSEE, however, agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area until first obtaining written approval from OCWR Director. Unapproved signs, banners, flags, etc., may be removed. 3. LICENSE ORGANIZATION (AMLC-GC3 S) The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 4. AMENDMENTS (AMLC-GC4 S) This License is the sole and only agreement between the parties regarding the subject matter hereof; other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both parties. 5. UNLAWFUL USE (AMLC-GC5 S) LICENSEE agrees no improvements shall be erected, placed upon, operated, nor maintained on the License Area, nor any business conducted or carried on therein or therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 1 6. INSPECTION (AMLC-GC6 S) COUNTY or its authorized representative shall have the right at all reasonable times to inspect the operation to determine if the provisions of this License are being complied with. City of Huntington Beach License Food Bank Facility Page 16 of 38 Project No: PM 105-33 Closed Gothard Landfill 7. 7 9 11 13 15 17 19 21 23 8. 25 27 29 31 33 35 37 39 41 43 45 47 49 INDEMMITICATION (AMLC-GC7 S) LICENSEE hereby waives all claims and recourse against COUNTY including the right of contribution for loss or damage of persons or property arising from, growing out of, or in any way connected with or related to this License except claims arising from the concurrent active or sole negligence of COUNTY, its officers, agents, and employees. LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees against any and all claims, loss, demands, damages, cost, expenses, or liability costs arising out of the operation, use, or maintenance of the License Area by LICENSEE, its officers, agents, or employees, and/or LICENSEE's exercise of the rights under this License, except for liability arising out of the concurrent active or sole negligence of COUNTY, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event COUNTY is named as co-defendant, LICENSEE shall notify COUNTY of such fact and shall represent COUNTY in such legal action unless COUNTY undertakes to represent itself as co-defendant in such legal action, in which event LICENSEE shall pay to COUNTY its litigation costs, expenses, and attorney's fees. In the event judgment is entered against COUNTY and LICENSEE because of the concurrent active negligence of COUNTY and LICENSEE, their officers, agents, or employees, or in the event there is other final disposition of legal action against COUNTY and LICENSEE, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment of liability. TAXES AND ASSESSMENTS (AMLC-GC8 S) Although not anticipated, should this License create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable in connection with this License or upon fixtures, equipment, or other property used in connection with this License, shall be the full responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to be paid promptly. 9. PARTIAL INVALIDITY (AMLC-GC9 S) If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 10. WAIVER OF RIGHTS (AMLC-GC 10 S) The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that COUNTY may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. City of Huntington Beach License Page 17 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31' 35 37 39 41 43 45 47 49 11. CONDITION OF LICENSE AREA UPON TERMINATION (AMLC-GC 11 S) Except as otherwise agreed to herein, upon termination of this License, LICENSEE shall redeliver possession of said License Area to COUNTY in substantially the same condition that existed immediately prior to LICENSEE's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. 12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (AMLC-GC12 S) 1 13. If LICENSEE abandons the License Area or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to LICENSEE and left on the License Area ten (10) days after such event shall be deemed, at COUNTY's option, to have been transferred to COUNTY. COUNTY shall have the right to remove and to dispose of such property without liability therefor to LICENSEE or to any person claiming under LICENSEE, and shall have no need to account therefore. TIME OF ESSENCE (AMLC-GC13 S) Time is of the essence of this License Agreement. Failure to comply with any time requirements of this License shall constitute a material breach of this License. 14. ASSIGNMENT (AMLC-G14 N) See Clause 22 ("ASSIGNING AND SUBLICENSING") of this License above. 15. PAYMENT CARD COMPLIANCE (AMLC-G15 S) Should LICENSEE conduct credit/debit card transactions in conjunction with their business with the COUNTY, on behalf of the COUNTY, or as part of the business that they conduct, LICENSEE covenants and warrants that it is currently Payment Card Industry Data Security Standard ("PCI DSS") and Payment Application Data Security Standards ("PA DSS") compliant and will remain compliant during the entire duration of this License. LICENSEE agrees to immediately notify COUNTY in the event LICENSEE should ever become non -compliant, and will take all necessary steps to return to compliance and shall be compliant within ten (10) days of the commencement of any such interruption. Upon demand by COUNTY, LICENSEE shall provide to COUNTY written certification of LICENSEE's PCI DSS and/or PA DSS compliance. // City of Huntington Beach License Food Bank Facility Page 18 of 38 Project No: PM105-33 Closed Gothard Landfill l "Sm. '. N 3 t < '•�`� .P� �i, s S g. . ,.a 4� 3 s � ' ter. I ff i fa's you; t-4 �t L k �a 1•.T y3� a 3' � Atli t s'}.< aced-i�3J is s.i Of 1. 3I 7' 9 11' 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "A2" LICENSE AREA CONCEPTUAL FACILITIES PLAN FAY MY W r10 REWN �. E7= 0 9mma Wiii4t& x PAY@W, mwlY MREYMME 2 -ME SMWM la DRNMAOE Wal Rra M AS S. 0_ A711041ATIC.fRE. SPFMrl6£RS IR ,Wr M 4. POPM DRY MF MES WU BE RI XM /AOVE--mAm S. OYraPAfOaR ava =ME aMLY TFE lrteecsec PATH OF TME3. M OONFLY I M MEY.-SYAiE MM AU =ES M W RIAILR OXM & ' \ WOO Ma tF 9= ROAD m BE-R+mm Ri-LEASE City of Huntington Beach License Food Bank Facility AOCMM PATH VW./UVML TD REWM FENM Mr-M FFHDE M : YSMXL My DATE m SMEMAM- a $ 51 lexm' MORCE VAN PUBLiO MAYS--� Fomtma&@!C ' rNMY a1 m C 0 Yin A=MELE PFMMIMO S6 M - _ b i w Page 20 of 38 FF3dE lilE � t W-r S YCOIm OMMS W 4' OAP 11 MEM. �,t 4 p.I of 1 PPMERAL M MOM MOF SH M Fit. CLlS1C( M, PTO ME-19 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "B1" BMP FACT SHEET IC3 Building Maintenance IC3 BUILDING MANTENMICE Best Manages nit Practices {BdAP%l A IVIP is a t2dumue, measure or sts aural amtr al *A s us-ed for a.gi14aao ser aai con+Eciris',0.irrr w the quaEty of crsr as r �u a� a:cc--t efaed-3m niann-r- The rninimum require BNIPs 11 rr fis act irf are er Hired in the br,x tea, Jx- 6; . Imp[eme tancn ci pta utim p atatrsar� aad i�a ping raaeasurefi may elirninatelhe irkto:`rq;lemerit oiCw l� C--G.* as a lic:ated poceduiies Prat emf%yee training is key to the sue s .af BIVIP irnpi'er7aunn3&m The BMIRs aai lined in-ft facz :heel target -the fallcwing 04"b T 'Consituents seci`rntent x F]oa bi a WtEriai-- x -kiffwls aria x OEA ics &Tcff=nis P-did&—. Oxywn Genarn:kr-,a hUNINIUM BEST MANAGEMENT FRAME pleyenrHOW :eb • Pr #y IT - s ofwatvrwhen premzi rzdung kUI:LMs-'Me1UMs1 and ether laa P prepare Work wea before mrid Im74 pu�rtg mnt�ian Pnaneriyr dearf:equpiarer5t anii rear dorig."liiki i; magi u Stencil' storm maim Trmna Train aTipinyees cn the BhfPs, arnximuter., die prozjb� aM l arge + Fide. a -g= ffn=hires �n td1ut5 .ri Prmrideed b6m are pei-il-- prbx:--�— assodateJ :each of use minkr um 6M% Ong pith pre we s for addr":ic f BMIR that should be ccr 6de-red if this activity place at a fagrtylocated near -a s�sfiu� wat rbody- Ira a der to rat he dui Fm fa r sr urn ans� huh i�arity� farali5as;` a c�wsurclra ,s t rs rau�lf and r°�r st.selw, innan a�rpra�rBMFt cis sit-: 3 i-- tfwselei�liie�r of the am of B m7 is a sits-spedfoc prxr ,the vipers and numben cf ad idand WN wig vary fczeaah ferrety i_ Property caflect and &Rpose of water when pressu ire vwlshing buildings, rooftops, and other 1 objects_ Iff p,ress-ure wasng %here the surroming aresa.is paued_ use a war coilectxan dcMce that en&Ie col &;do cf .wmh w-t r ana a d. rulids �I:;e a 5w1m� fF?, met Y!aC.".�um �t dffilady effe- de',riceib c�elect tfie rzmfF and loose mate: Digxme cti the =Ilectad. runoff and Baud`. propenly_ FFw r to fact she: t 1C24 Wastewater DLvc 1 Ear guidan( cm appmpnate l #l~ f, r dspc--,i c w----h water w thesanitary`se r_: if pre=ffe vahilng on a landsi- `arm (v i:h or witliaf soapl, rurfirf must be dispeired as - fbW M. much as pas3inle, radier thm as a ce mated Vim_ -1hewadi runoff crust remain an tl es landscaog and nct drain t pagerzn . . 2- NuW # prepare rk:area before condiuctiirg bauff&ng rraintt ice.. + Usse zaL&A m d,p dcdh underneath aLr-d= pahtirg, gaping send ,—=in&Iar rg wurK and prcp;d rdispcse:afcallea-ed mam6al daily. • Use a gmurad d6th err wersiied triad far. ='666s_s;,,s-4i as paint priming anc t-od aeahinq 'ss',t:nmari -::. uw,: 7J-sL7&—cmaygi='f snt F�dfL1:25.". City of Huntington Beach License Food Bank Facility Page 21 of 38 p.1 of 3 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "B1" BMP FACT SHEET IC3 Building Maintenance I Properly dean mid dispose Off egWp ent and waste used artd generated. d. daring bu lding maintenance Glean paint iw-ush act girls rcree te��as d airi JI'GhL+_ c,ntmctedz sanii q or in sortable the that cantle dLzm� Imm a'SOni ^per n Brusher and: Mils ed rit3s n ` airs finis' ; ar c mat ls:rr u�t be iced in a: mannetIat:enabbas co fecti6n of u sd pain: t}rEmier, rte, reg.pr primer di-spasaL Prcpe iy (GsofT r, meeprgs and z-6. • Fmperfy t=_eg4pmant, dlfrr ails; ;Wag=. . • Coo n€rt durnp any faxis ;u n cc %iUl vista on the pa�nwrt, fbbe gr=d or irrraerd a s drain: , :. RL—_'Oe residual Paint-, spkenzjunkeraind Other aat5li s to maxima exit practicabTle 4 Eatg3 oy Mail a ian and stabilizadon tTques when a s;ing:large arm and soi- + Inc exeaua =d arm fs 3u pervioUS. away f =sbfM drain iird , si wta(I<s: paint, arid_ r�ab:h�s. l4fat�;el, muvt � �sr�r� if rein u wiip�t:. - .. Use dirzis 1 fi n tar 9=yni _i staEiF are�stiel s afe 5. 810re toxic material underCcmter when riot in use and during precipi afian evei6. 6- Pemp riY. di of Iluids con? air i,iditfajnirt{l; nolireg m r, and eorider> : drah s 1. RoffdaflykMpedaif earafsseuan aontrdegnipnemrlt> der.A. D permit: a. SwibCh try :ran zaxic a i afs fair ;ir�henance when possiible-. l d o agents are cam: sof t bir - of pr+ r� uunet ;wr %mjb e' • wider wang a sbriess and rxaa-tome cfrarrvc d deaeang me-mcd fcr grafid rerncvaf (e_g g& or dray compaznds)_ .'l- Use chemicalstfiaitcan berecycled BWY recyied produr is to `he rnaiarrir: m merit pr=kabie Trairaia�g: 1 Train employees on these Ws, ern► water discharge prohibitions, and wasater dfscharp requiremerds. 2 Train Derr pkgees on proper spill can,taianmerut and cleanup - Establish tra r&g'that pm-kides > m& and knowledge to it edirtel�i faegi *n* up a spill Ens that imply as are familiar iraih tha site,spill' =ntOl plan arxi#or prcper spill sdeanup, prrw,'ures • Fact sheer IG t7 diGCea. S0U Prey ion and Untral in demrf- I Establish a regular, tr�dirn ng scl ale, train ail new empkWees, and conduct annual refresher tb,3lrnii� . 4- 11se:atraining iflg or similar meth —ad to domment training stencil.storm drains Storm: drain syzbam sigrz acts FigKy Val le w conatus tnai am typically standle direct& adj nt.t -tear} crain :inlet;; - c read' y OWTIOng Drains sa ocean`. IC3 B -L3 ainn=nanrs City of Huntington Beach License Food Bank Facility Page 22 of 38 p.2 of 3 Project No: PM 105-33 Closed Gothard Landfill EXHIBIT 6'B1" BMP FACT SHEET IC3 Building Maintenance Mr;, ��' " Clitwmia Sturn Waw BestkUmgernerit rac t fan k IadustiaVammerdd Best klarag. t Prac�caKar& tt Prepared b p DmsseT& k1 , LaMI g ates, OF be wd Pawdot—_e Resaurcaa Pbnnig.Asmciates.fcr mjraw-r Quah4 Task FoM- King C=ty Sicm7eatet ?uIC bon trdNai 1. Be-t k lanaqemmnt Pray i� fbfBusine�e,, ft k . sbrtma'ater k1miagerment Manual for Westaxn Wash rgbm Volume FV Scurce CoriEroI.BkYP-- pmpared by >J1`a�in lmnarit €�f s�lr�3'� S"�'ater Lk�ality w3ram: Pub%ratian, l+�a_ �9'-1�_ mat �fi For adcrNonai infwmafin cantact M4 of Orangd OC Watenheds Main: (71,11,1 T5�.. W 'sir wit cur: ate ar �.ca pr^h�s:�� . I0 3ul'9in`YAMt_ M 3 p.3 of 3 � City of Huntington Beach License Page 23 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT 66B'1l���99 BMI? FACT SHEET IC9 Outdoor Drainage from Indoor Areas Imo_ O lT OOR DRAINAGE FROM INDOOR AREAS kst Manageshent Pra.aces (RPdpsJ A 8kiP is a:j-�Lie.: me —re. or str-,rtuni cm. Uo l:Iat`is used fr a given Gert of c nd &x.s.to imp. quaff of �.s rwG nancff h a �t a ;vernannerl _. The .nmimum mquir4 RNIPs fat aaEVLly are aWi ved in th& bcx'ro die tat kn#_-mr i of, p n �irejer�tr:e*ood me pirg'r�asur--mav_rred—k-Or_ eliniir,a�.�se:t fo lesbi�r[ otli�r rare c�tfy.a� ixatT0ciAed`peace&xe Pmp--r m;ioyeetmmimg is k7ey to tlia S- minas d BMp implerY=n1a=: Tf BIV!Ps'oudin6d in ft facf sh6koijo fie follmr-4 . pctPutun�:. Taroeted tlonst hanis Sadrrrznt :.:. t orris...: x RaMbie Mate. x WMIS X Eadaria 0@.aL-1w0a x. x' or x p. i of 2 MINIMUM BEST MANAGEMENTPRAC11GS P-e:wbWGoad Far o�*� • f zzatdrg* m p rids such w Ting for. mmavd.cz:lftm- anddabinis, or use M-ra; and al rbffr StEnr�T stems . Trmm� Try err�s � �ieseCP���, ern. _>i4ef� urge"-bifian4and rds&zMa MW*. • . Pr>mde or ai ig -- Rpay-fe- tairft- ma pall &n F�vided'below are. proce&m a= atad vrith each of -the minimum 6M:1sg'wiCh prccedures {ear add cra113 iP':.ti at should be. cbi idere d if ft a3.+ otyy was ➢13c a a a f Tcl to terf meer a, send' itiye rat tly: 1n m„^rJdies ui menu br med, and €sigh priartfy farahti ,hhe aar: s atars mnsst �-!�[,-irts�ll`ar� �airi�ira oppr+�raae ��s ct� 51C�: Sfr�:'� salas;ticm �f'dse a�prc�+na�: Bt��'s is a ate=^���c prvicesa, f- ;} num :of addiarral BIV;Ps.wiff wary f6t each `f it}r. 9_ Design operafng areas to r» nhize stmnrrates.exposure- foor>stait a k errn ar int In=0 a Cdte6cm s.rbwi cr pent and sevver ri-sposahin6r perat l Julia . dry c8eariup mods such as sweepin. fair removal of litter and debris.; or use of rags and abswbeiishwleaks and ills: r �f ,ll ed.axasi 3_ Use secomdasy ocivWnrnent aff prmtectiv�e baniers for ln&or liquid s ge_ 4_ fostalt a fire winidee coutg rm ent systami for hazagdaus materiall sf : HPA ' RsAln=ry Ga:, S-.mlary sz.:Tmi Stop, rw----rBest agEms-mPra-m-cea= 9 Owdoor D=,.m ftrm IndW Am City of Huntington Beach License Food Bank Facility Page 24 of 38 I Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 35 37 39 41 43 45 47 49 EXIIIBIT "B2" BMT FACT SHEET IC9 Outdoor Drainage from Indoor Areas ra�rng I, a rain Sri to ea on ttmas 3F p � , atorrra;watar di3ciiaa8e prohilditona, atia>I wat5ttss dlach3r�e. rrequi arrNa: ., Lrain ampioyreas on. properapiil con- innesad and clsanup. + Esl-abir_-h tairving 3tat nuides ernpfzy, sees, wrtit tKe pnW bo�s and rriedp az' rmefiatety be}re.cleaniq up a spin. :Ensure 3 .1-eRi P.G-3rerniGa midi eta;_ `p wAflar3drvrprperspilr anup Fact 4%--t ]CI di-scim-aes Sp 'revsntanznd-Gr=l in deli`.. I Eafaelish a regular bMng azAsdular train ata new reinpl ayses, and =d6d annual tafrmher training a._. UL* a twin- fog Or ahnilar method to do6wie* trains i. ni i� a rtnr drai rm ;�:i;ra *ain ysshied. signs ad,as highly visWe: cantruls fat are ;-s*-.-Aw salad dirscily adt t tc storm di et ale) St rr�is_ of d, ad `l a [ str�p�g r it to ? z"_ iRefera Cal rhm La Simi-n Wa~L-. Best klaraq—MEMt Fta= Handbzc ,'ndu=� lai aftd COUTURE ial MM_ CaUumia Sarin Wa~� Sea- MarAgernent r a :. Hmndlwls Mm, idpd, ice- 3laragernEfert Fsate-ace Han&L' Frepar0 by Cam Dress,— Mdfe--; Larry ��aArr:f�ss� ��; t':rae a6i Mso hat Rrwl- FbmEn� Assori�:les r'x 5bermwater Qldit ask F Lia>-.+ 1 % Fw addWonal ftbf nr u c ntarst iPi�r i+ ttt �55�iza� . 0visit, ourviebsim, 3C iVf6l CAva�rt'I ems. flt Fc Guarrs�aca, I�in�.?spa: City of Huntington Beach License Food Bank Facility Page 25 of 38 p.2 of 2 Project No: PIV 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "BY' BMP FACT SHEET IC10 Outdoor Loading/Unloading of Materials 110 OUTDOOR LOADINGUNLOADING OF MATERIALS Beat sttanagement Practiaes ws� A .83Y =s:a tsmrn:zge; arQ to slruidurig CxrItai -]tat is. us --i ;Ea a - sE- of cent aor- to e tK q"4 �e �.rrnxsdir=rrur��irra a~�� �F= in�n�r�' �_ rMr6TQM -T--d 8,wt ittr His wb j&j. cudirt n:t ; bex to t}:-e aigFi `ii*M8g0d6ri apaQuimn rtiar�j tie��=rsa r�+3u at E=ar�a� �e nr:Ed_�+iin��nt�it ail,E� m:.�y 7he B'U's mEmed in :ibis b& sheet Grid ff+re e•W it aq --TaMetad ewaftemia S1[mrM Floataw Ltlsrl= V. $, 5=- B s Oil I Grease x .. o q totim &-1 uticarfl, x .. _s a Ongvn GantM11ne WAutsci Pieasticrj a dH �-� c .. P=-v—Mi0as and M Je aur'I 1=inpaMtnrdig a� so air- spits qr 1---atr ran:,be =Hair it —man areas isLprlg 'a+ rarnove t use drp ins Imer--pe= nmse :nsi rx-meniors ang WMer 1-23K rxre,spWs cur" r� t ui tr cep s: ana�rne� mm'=- ara rnata� • _IE _- ^�az�ctlaaafrsg NA We8$'aL etr--4 "5yi—r.. drams Tr rl; - �'fi3i UL _.... • Prwham �-c{abg empiayes rarg_in d-11 irsveruikm rrcwid_ed belaw apm- spe=--Z wcedurssassodated vith each z &ie.arj5iMw: EMPs a.ng wrh pt�d'um for d:litierr -lam s lie, =_haul be ccnsinl�d if Ws acti � �fu�s paw at ie iaai� k cat�d na�T a sar�;a�+e va; dy. [rf art snlzet � reirr�s=r rsrtsd him pri713 v~a tteem±i�ra. lriia3ts4ad:amsbll,,3md_mamuin appraWatellimps rya ate_.. th� s va � Cdeam ie:; ips is.a sip-sp�cmv r� s the #woes and Aa ers a€ 2daDrA16MPs Will'.VXV i13r ear # 'ty_ i. Propedydesign 1sa4fingkrfload-mg aniza to:pravent storm watarrunan, nmaff, of spWkafc. rds.am&- irrm area to prew-e it riarom Pesiton rct•r d° mtspaLE5 *: !; . s nnw-ater. away trem }'e area } :Grada and!- to mi ba nq uF 1ca&, g area a min drat Fs eanrtza-d 3 d__ad EtVi 1 wa zre'a v&era tnuck trM---fps tyke plate sh=d be paves '.'the 5# :- fsnm�e fh _. asgW1% :Pad and cemers sllxulel be -d t }zve Jte area } A waid pb iq lcadinghLslt in pus rteze drains- 2- Nrk velsWvda and conduct lvad!ngi m16adfhV aidy in dry gnatad liaadhmgP> Woadimq areas act . fttzoib'.6092ka eat be contained 3. Glaart a rngnerilaaad5ng 3F a reper a_I- I ismov9poiBntial sources of polkitanb- this n�lueb=s scare areas that are rruwy _cavered by am, t3inens x alter materials.. d_ Rr€dw* i AFMMG cf.f i rzab to rain. • tr:�aane}:artg areas;_ $ If a vs is ur l� d evefhamp., w seats dear sKr's:w eslose arm_ . _ . 5 � drib:pana undsonsath how and p4m i na n3and:r m leafs-pra�nr# 3pata,dc1Tin0 lid 6 bmidw aperab-on: andvl n>a"q and tTaakiq cann-jetiaris.. i� ] 1 +'?m9orsr iaa��%+hi3 at i$aian'ais City of Huntington Beach License Food Bank Facility Page 26 of 38 p.1 of 2� Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "BY' BMP FACT SHEET IC10 Outdoor Loading/Unloading of Materials a. Inspect squipanwf::regvfarty * Uies-gnate a r-s=nsible j wbf b cfieA wda* a: X-21Y vA-M I - ;fir �,-ML—gl -Till-ed mot iais; d i , or other #ors er rnaLr l� +� ::�cle:lr,3dirgs�.rril^adir� �tai�a�t �r�arh} z�� ��it a, If p wft* cormfuct`loading and unlead-mg �mdry v-sathar TraEmirag ._ 1_ d in srnp les on the" SMPs, arm waiardisduge pmuduihitiona,.and wato r i�duarge!:regcritarr�snr� .. 2L Tira►rt pl4mpes. an prnper agAl cartainownt an cleanup_: _v-blish ="g t=pmfides, einFibyees Afj, the F --p& b�5 sad b-+iedge:tm-ermec[ia ► up =�i� Ensure f lm emery-ess ara Eamifi Bsdh -= s Spa a r ml plm , ba prEFer-spry tieanup * Fa.dshe�f tC 17 f- pia SPE ; r-EvEntvd and Cchbd in d4b3L 3. Train empboyeea on,tha ;propm ach- riques used during ligtsiid transis;rs to avoid led-s wd WI .. 41 Train forklift e i- as.. a Eat3brwh a .regcrlar bainmi g sciaftle; 'train alt awv sin ik and nducta<nnual. sitrrrfaa3niiie�. use a (raining W4 or simlar methDd to doc;urment tr-ainirr:g. teir� ataermi draiats �:�� rdrai>� sum. sigra. a� as hi�ily� � trab� s:�.r� �� drat ,.-ice �..atly� st=��i �ir�cft� adjaacr+t tc s��;e9n drag: iz�t�c ;xls.��rea�ad=tla Gumpatig C►r�� to 6�,���_ References tmis Sm rn w a? H Mamagc--af.Fmed----e Handbc& rdust:9al ar4C r•r _r^a31 2303- . iriiitharid}��� Cu ria Srarr WaOie Hem k1aaag4m--i-at P.a&3::9 Hama-oLz_ 3rzda5&11"CCmmerci;0 Heml hta �g ni Rm&e 1- mdk'remared by Cairn Dress —A Z: Le v Waall� ass --:- 1.1be and Assadat_t, Resctimna Mumb 14-43' Model Uvban Rmoff,:Fmgrar1r A HompTD G-^aids for Devel*iMg Ur n RLU.Mrffi �'nss�amS fb SCr� sll 1r�is f< F ^^°pz� by r of }—wrere r 'v r of wand *� Ca[f riv ''ua l" [Evrrrsor, Afnrierey Hai. f ai al Marir+d are: .Cbfiot ie 'Har.i' : rarnm rL , S' co sa<-d d u Caarf RegiiDral tVat_• r ,anir4L1,D.CnCUl 5c3A..�u1' 1'999 fLAR- o ed F?b;,,rzmf 2 l:.2 by'the Calk.nia Coast( Ca►mini�sia�}� tmTmat=r Manapmeral Wrsr�al mr Westam lmshiigt n_ Vc-sure `,,a' Sowm Cwt-l-ak4Fs. F-paired by 1mgtm Dpari>tat' f WaterQrs3li } Prra :?uirmas n_-1. Ara2ar1_ For add rkraA Warawbon cunt Ga mty at bran CC-., Waarshads b hm (7744) 955—DWO r visit OW Wr=65i- at V1M..0W3r.-ireds.00m I�?r� C�dn�c =co��Zaixi�s; vi�aiaic�L^. City of Huntington Beach License Food Bank Facility Page 27 of 38 p.2 of 2 Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT 66B4" BMP FACT SHEET IC17 Spill Prevention & Cleanup KIT SPILL PRF+JE�MON AND CLEANUP Best mbnagamsnt'PacficEa f Eilimosi A. EAR s a iachriq;ue. ateasuie w svuuhjf-., =r0-.l*'3i is medftzaV�vem set af dfti-b,.- bormethe giaW4 cf e. rt f rrntcdJ:in a. ie � na iei e�r1. Tke mir,tm ?mod Emp for Otis :acftity Oe cuil�-� 3.14. i dto iig3st iir¢tIE :EPtta>i:n 'pnilulm ersli r�gaodhinmakec -M1 me w aMy redo - or ennate the mewb!m*e-rmenuliie* mr a 3y or =nqi ated prb Fper crap t; Emig h key. L:the sp=es5:o€E' `Vpiemenia> m 'The Ed.'s ed:i Jmfat~#sfie rgei i�; �a�rtrg; PGa4 M3: . Tmmwc,�,aiiu,tg, 5KdI1RE4il ' ' x WurmnL x FICHMM2 ! IS ..x VMS x : ar x -oil &-GfSasa: x a_gz:M & 7Mk3rt x Ori*,tr vdi x MIN-mium la Ili iti4x Mr Ffl"'al a: F�luttri^=ra;enlitir �ou�.�ii'�, : C�`3s�i'Sp p'r'�'suuf85t� �� _litafiG'�a'dE s�[�.'fll sinnn drmm !Fp icm - Ina; rnmpig :irw'.d cwsL * G0,9$1 r .ttt7�tE UE�7c t iit_'- UGib, _afFY3. ■ Ptope.q 5MIe 1T :h3'xllE Gh-E-Mawl maysials. • PlratEst _,3L,:s afF4: E, ,.m -am aaat�3 Qtr"aaYSS it�7 j g;3�n 3CMnS M Pr,_a Ide ddfy spit msponse P.1-El as as Icaja and spiES tmieedia y_ 5mncr S=m crains �• Tc`nE empt 'P $tG hi=c5 IIdES: =n --A,--E[' re¢jV�il�m: •. PrdVxiE eagE7t Is EE1�r?' ut P- ided 6;-4m are sg� pr: u .assa^iatm-dam E at iiie mitemuci:'3 's wi'J� pr tedaam for_ v ii1 ,n31 (4�P5 fit 'S E did:xE : RSt fE^� J. thiS a 7A'ti} 13i Ia�E 3t c7 f3 �i � ik� PiE3f a 5utEim wate*cdy. lq cr `E'f w meet Iie require ,m bftatedlam -Md pri eEIt_s_ the'own : pEx3 Tnekse:a: �mzb tand.ina min apv -I EP►fFF or ;Icy: S :a the _ei=a I,c +e: appr 3 EhtPs i a iEi speraffic pfa s, thees and tiunfeer-_ at a #diti raa16 1Ps mill ;raft far a �€ d-Vii7 Fr»ntmra 1_ DEAIBfap plraac>iats na,prab$tPm¢tig3ta aptlf*atnm:dr3iel ssFiara�. Sunda:-dLe WCraq pr i;ress_ rz sr; rqe: and s p a atittites d=jmertAim. md,, P'a & No DUmping` signs -with a phone nLwnber faT rapa-timgi Migil di mpEng and disposal_ 3_' Cond rotaiims tiganft inapacbmuk.andinai n3rnis SeraE 'atd m Mrs 3ra� ear:S5:e�tty a d sigma n 4equen y M;e g. wsaWy, moP.: h4l DO NOTT t dansan afeas to Strrn dF3Os + slam d p3q r ar a; yi ma6ers3Is b- a� gun:_-d:*S: and a ail p,�-��1 atd `bD[;j WtS dJ.sg ding and ut�eading of:tais.. Rei sE, fe»3Me, � pPOC1-::y dispmsE of 3n�- adIigt� �_sc€7ed;�s.iaErti:rtial�L l e .t 1x and:at�ry n rnernt mpsa aequeni g far kE and sps" plwetanks -.+z-' are lea", or a iemise dal�,;^tiMwdh fMPS im gO0d!2&AFffDM., CtflelX70 steed ligsaitds ar�d>�Pe<iy a�po'ze of �E 3 =AF-1'..1TdI.`ui'j,'�.Gr�"..d'.:.!ffi!!n'm"y :3-t-an. .Fmr--wx.!E1 Eem Mattage.•.t:1iEpPa_::Lm.^-.. City of Hunting on Beach License Food Bank Facility Page 28 of 38 p.l of 3 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "B4" BMP FACT SHEET IC17 Spill Prevention & Cleanup wti k fir m---ffzf =nsian r; rnzte-ial orximimee _ L-.31 Wwss; sp31s and oaerm dim M DpAr=r r, fJurw M'° Mf Mg `;!gym, . Ir p -ink r ,�idd _ oormec&ris wwirigs., and mnk,wals at-d pipiiq vptem- 4_ Flwpedy sinra and har-04 c.°ISE r.2-1 iM201 E . a : DEdgmem a s moral's' age arm 4raks,pzx ti P ands ei Pr =_te; e of Gacks and gaps, and ce to c rtEarra-akr!alal u _. i_aar k skere daemie , do s, �r ba3g=9l materbLs fufy or-�Se unsd ._Pl Giese iziems h is riMar nwhr al �.:.ntauErs, rf i> a alp . '' - f rkafrien dell Ir�A—i r. is �ieir rwr� j'a g.; 5izh r 3asi i : } Labdha�3rdeusi s --Uncap i-90drig the p � te3l.ha �d iovn ire, raofv 2 _ ilamriahit exmlg5r+Ve" groisnr�cu57 °eomr�ertlX mislay tai nr iab� ar trars-Kr ed hru.a:-dtus acid r�iak als j a U Doi regu411em). �. 41t6�aa sea�¢idatry ip�tar3aritiem� slit f� �aqr� ri�atsri�. f, �r tiu crag Lnks with -a tent r A3F€:5 ti:erd r ter- �:�rner sir r ■ is °ais�-i► id5 .1fS� aer TF"a ila DO NOT disirarge wad r Msar,Ray si tar rurrd wntactrig theJocal sewer ai rdytd "Und out I pM-tieatmert is re.q&ed Eris 4�' qry €in ps2aeum -cu'wa a awe -as &tczgh--an €Vw3ter soafmr: • is ft basin f5tra on ir'sr t: fi. Ftzted ii-2:3 StMd wtoide film stongwat rr rUrMrM UM5 �.a0; a be€.fi a3 cu1A Cite rrikey, _ cf the mm;foal a.qe'— a as W6, fi�e -W,,C 4t ur+ vrrG�mira�=d �s r6 a ;fr r .adja € a as : welt a rworl of sw' ".w 'm! irmm the m3terpi 7. Secure drurnra atonid in asp area vdis€ unauthor�tsdl persans may Vain acmes to provent. iden al spiltage. pilferage, or any unarel3v rand. use. i� aaetrol a> id aan�ip Act itis $_ Ident4' &iry s I I m- sponse personriaL Adopt the Onage Gounty Hazards Matiriac$ area Plan or air eger�-,leirt flan; Vf€iii h iiflDhAlm a W of planned respenwe to ha=l doue t>at9r;aIa emergensias_ The plan Should include-- • .U..e,aipEcri of aie� fa: fl4,' D%-m-Er and address; a-r5wrt es acid ; hEn; :Ls prs---rri . FacRy map 7reRr5mm oG ram side: de 1 fit: Glean up leailcs and zoEla iat mediik*. . } Place a e --ICf 5pE- SEirsiM 1r1, ���ial5 where- rhsy will be readily zionssAle q:.i�aa3 sinquge ce'.arergl: tug r de mefhi� to fn � �s � rnirssr'Y-_ the us= rti�� }r Uses nig Mr si, a damp, mcp f- &-�� WiiU p, and ZitSVbert Mik2linl far lr�- .er spy. I� th re suee wed m �1 rd .rs thewice` i clu3r im mrak_rials a's - Ia�rslrus an, musk J ste in &Wosed of m— .Iu= rd us %,25'�Fhy- mi- the- deanup of"chem�' ia^hnie the use lii=m , si<ioreis, sorts-teF5- WFpiaVs: er base dicer � bury dy: IMt4:: al sots- guess-ep rip fhe mat�.al and *�` � pMPe�}- E .:3nd fi3&MrL Use ads n awieri- om sr r r than; *asi ig aav'm the spiil n��w ad= t PMTH r ark Aispo5e of property__ For t3Wr 43s, a prii Maspiii-deanup mina- of er ?=-it -teary may kee n saq_ . City of Huntington Beach License Food Bank Facility Page 29 of 38 p.2 of 3 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT 46B4" BMP FACT SHEET IC17 Spill Prevention & Cleanup 1t�aecoc`.ira� 1 _ Reaar sprb that peas an immediate ftax poi human head or the sr yirasmer t ta. iocal, a em , sm t as th& fire department a td f Regidna;l:Watar Quality. Gantml Board_ z Eatabicah a ayste f tra" in- rs'dwA& The eyetcaa s' hound be, dea-Egned to we.riffy the fbJkmgng_ I and gUMEEs m some 6sesj ofr. s . ? &rr�s at are r rerri g;:r ght rns�rd or year] . udk Ofd urp. g a n seed armMers -it:�r Pt d•J��ttt�3` dsarn013 cC mk'�Es,.az is+ep� �rtsilre �eti=s. K Fsde�l rerla#iams require ;fizt any a spill: mkt a w3tarbody w eater an adWioing;shmefins Ixe reported to the National Rmparne, CsnterfKRq at 11MG-W--U t24 irowr� E raiaring 1. Er ats empJapea aborstspill pcenismffQn and da mup:. semblish "'amim ytat 42viidcis eff F-Cwpes f6F Re-1 arm 3r-wedge sr�i�si�1?r sue,, cleamirn3 p a Spin. re^.,wM art an abcvegr.ur .stD"e mmk ?sgrrb--mente_ * Train all tiyees WPM hilt' and Qm2 rdamuzi ref wet -trai6v- T,.rainampOM"rsapDrisible:fwaibGwe.9tz� rstorage tanks and Iquid trnsfers an 036 . Boll PT-tol'and Gountart>msasurs;Plan_ Startc9--tofm dram L;4rrc drain sysm sigm ad as hizhfy vise sodree czmtrds hat xe.. typza-1 f slam riled dirsectly adsgems t Stu=:dr-azft hrkts-_ St-und.15 sere. --ad °Nu Dumpkig Drairt W:ouean'. RAremc*s Ca xiia S "M 1 a-S# B Flomm5m Hru9dbazo It, .[rdasLtial md, C.,.= rwaa[ " 20U' trnww�rngh�rrks-.gin CaEbMia S,MrnWaMe B�t�an�gEM i l mdtedks_ [rd[as ;X mrner^ia E._st ieR age i Frans a Her b. "Prepami Caretp Dresser& lnch,—e; l_arrr �lJa[k s 2iEr. fie and rL,aoa Ferazs.r` nTEM &sozim-es toSk:rmwaterQudier raskFwce: _hutch 1,-40 Model Ulan ntarafi F-mgram A HawTo: fljide fnr Dem* ling Ur[an:: Qm:,;f ?ra ins ftr Small. hlrwr a€t?s P--pw-ed by Cly d1kffzerey. Uy cc- Santa v-- aftmia Cosbl COMM.iSSiGr; MOMI ice . Em Natural klkiarire~ Same- r ivy, Assad ition •r�hlorYtere�� Bad fk4a C:cv-_rnm W odi -a d-tide, -d nt as� =egiD iJl WaL Graaftl a i =136U. i. July 1 {hVAS- r4af ' by the CalUbmia Caastai stair ater wm. ugeme # Man" W-s ew lashuTm- V.-,Qrne iN Bares Cmlzmd BVJRP L rued by Ctepartm =mt f E-,Agyy Water QM[ity Frgrzim ?u a r5 Na- N'14 A=-.* .2%1 t For addi ral -mFb- Er► ff4m corrbct: Cori rrdf r of Om"961 1--kGr WatBr3hads f.4i m [T4 .95 2 Y�amrFolk a:n-Hatd knit trVrebS aEravarR+_� t a?s[ts:,gin . City of Huntington Beach License Food Bank Facility Page 30 of 38 p.3 of 3 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "B5" BMP FACT SHEET IC21 Waste Handling & Disposal MI. VIASTE llANDURG AND :DISPOSAL Eleat i{ amp nt Practices {.i3wa) A SUP L; a �»rrs��re :nr �siara � sfiu�rr-�ui Baal, Im is wledlib? u em Setafccmcfidars L. sriprmne the qmrityd mhEm irn mquLmed MSAFa far Otis whiiiy audii-d iRr is x to a r€— �Mi<+sri of pificv ar rerriia crd f l e r�:mea. s_MAY redune of - mmaketie deed M iie�SnE Crth . cry ar. it m>d pmcedw'---a: F".0w EMPImes tFar1L-z r. k-Y it LIES ---ess fe3ut��_ .:.TaFeud C�x4Eu tt� a t�utr�rr� ' z Eiix7f3� P�"'E2r�Y z Fi��-f9ic >s oif S omms t 0rg-mit a TmicartS a I}` es % p.I of 3 i!lIMMU11BEST MANAGE , PRACTWE'S 1=e-m�iu!It:'�ttlirt�N'-nab "rt�'� ��i�at�rr�. . Pt�S .tri- a�a•:=r�s 3 vrra �.srtmc irr Sri rarr— -, 7EM-11.21;: r Keo vim-c:.veda i arr-3s s n r=alarm,&as€E •- USE an of m 31"-1C'uct betfs tiS Ig^ctm_ •.. Ubi? ar« apt re 1 . MOU5 w- a ttic 3 str:la`stxm dra °is a rT'rC ' dis-=mr-3aP.MmIrmas. and w=smw r,_ r e F %1rled beIa w are sesk pm---Iures. -a s a o i d Riiih e m i t of're :riimim e. S MFs i> 3 with pmm E durEs iror aWlEmd; amps than -Chodd he c ideed if Jis a;;d tv p ac- ab _facrir l a y � axx a Ser e era drr dy. i!i enkr m rr- tiie re#.tsmants fu inaei'mm and hi*.priDrb t€Iust.50[ed install 3md mammin a* e,MIR5 ar sit - S!=Eth!_:s?I�fiMM &Iie a,F Fries ELI jz 5: Sic=spe= Pr00eS5the tjes and rrurbrs of.addiborzl BF.1r''s will ate- iursa tot _ f- PTsvent wa2te ffuterra€a m.co ing im &vdCUfnt3Ctwiffi wind or rain: t � a2 wriamga_rEre rt lea n a saMerrt rJCT. # ffs is mr�c iaie as# pies Rathaiarparary a�irr rt>$$rfal.sres4 as ri Jed ��aa�_ panf'eiHyi pF�thagre; lSoi�ei�}iez:_: or �u�los� � a: bier duier�-tars ��I ra:Pd fr,�rr'�a�hs43 aut �s-as�n ma�siafs_ � l��srgn � Iatrr�Iirr� aid dial �rrma tav p6a�>�t ata}rr�;a�t$� r��m� • ?u�r� r�:c:dxi�or�s'� �.+�r,t�aier a�cord s��_�i�.:ar9-mg:a� oral I Design vm1a h2hgE4g and diWaA ama tD wry epdb- } - tares dri RFSETS W --thEr AUIB n =112S CM arr irnpOWUS sWrfa-: } u=s�& a benia=wr to Via tO =hbm- SPiCL: irslaIi rims n d toIie pme sm E-,r-5 tat "s process v 3stewmm-r s ewe wihm Asa € ri aimd arse: ark NO 1 &--hruge m a pbk sevier urn the lrmd sew- aufiior as find if pi,_ ia €eat, iA�� ..:: City of Huntington Beach License Food Bank Facility Page 31 of 38 I., Project No: PM105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT 66135" BMP FACT SHEET IC21 Waste Handling & Disposal d_ Ksap wasta cailiaction areas clam When alaamieg arcurA spas: v handiing and osai arse mse sk rae ds wken pcssi" tm_ srra IM; Una of bs"c6e?itst- ;t k+, fie Used (_Ur ^t 8= and disch to a _ sis` iiprr-mo d todo. so. DO NOT dsdiarsz a p6UG s r:bl =rria &ft- i amixHl to And aut f p. --atrnevn S w�uti L disL9arg! t�s lie salt-Z sewer is r r a{' d parnp r tar a tareeh pr . _. _ Secu¢e adid waste cantaivera when not. ihuse- Rr�ralaei� imap.trepai€, aeis�ar lama +a�as� �iiitaim�a�_ �'� G�at�tf�l�ttpnEainare.with:�aied�uf.wataror�aiir:��:Ic�pt�idC 8� 4 a� ail apt icet bei `�espoaii�g of ft aaetaUks - I)m rat Barr aa6se mhms at rya. M5 ma 6 a.ding imp:lassible, ate �It,� dLp�a�_ r rrsr,► hat &I. aaQ?r.aiati= Sriia3 xias�_, •&� addd �a�� �r r� s,:: En3m'4a_ surh ss tia r ^u Was - ; ap za � ray lamps; Fes :dam EM Tna?t i aF ae sposeed#air IQ_ Label and ai3a h2=dads + i>as 3C.CaMing to tazai�. o= :33b ragt�fati : ar_4tt f.caii Ir-aies w ag or Fug Oarrrt it datvvlw. 5�ttit it,feilr�s ryu-.SiL gem 52 �r �Tit�rinii:lr n£�•TS�az`jr_ 12- I i€i:imia-9 wtasts:' ¢ Re,.? E? Materials vA ---e pct�le:. a i&=_nefu and promote use cd nof, azardsius ab ro _ w EriU:fan,rr�'the amount d€ WaSL gei€=raid zap bea==�red �ng r°arry si��e ra sowce =mIr"As wt as: Pun plat�rrra� arids�u�seir� or egWpment=41a.m-m Raw mt_rial sub -Amon dr elrr:-Ration ■-L,-sspr st;are-ark:hcuseee*q las E...Jttig3; or Md se%;3f;F .:tt __tkiish a n1aWigi tar -lore v�s� T tc ii 7`� 3 �Fcr�s :r�Cvldt mat3dal 6s;�= i is PIi; y d sp= s a inraiir-e coat unirafan;_7rsrr reduchg 11he wr wnt ofwaste produmd.- TraWing _ Train s a� and tvaso HNIPa; atortwatsr disch pr ragu'sr�sr;�� 2. Train aanpE y eea ih praperwases. bandfing: and disposal -.- Train knpPa s onpro* mail] caita a ornaatt and clewup' fish Mir,i titr: d p irides ern }Nes %0tthepmpeamds.srd�ed3e � ' e�aW-iy i37.'an Up atfl: E.Murp.tfs i EM p~�es arm bm j with =_ s sprol s r l pl3r di'rr. prcpet sp ear�up: Pr�tie�r�s _. s T act sir t lC ' sg mlmven 4n Gird CM, ft- l � debt. City of Huntington Beach License Food Bank Facility Page 32 of 38 p.2 of 3 Project No: PM 105-33 Closed Gothard Landfill 1 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHMIT "B5" BMP FACT SHEET IC21 Waste Handling & Disposal �:_ Eata�Ft`�Ez a regutaF train ���le; tin alb ni�tr �an�{a�; ae�dr�diact snn�l rat�1asher t ir3i . 5_ Una taainimg log use similar m- ethod to docurmttraining. Mandl atorm draw Stmun *aim srsb--m zigim a t z hganlr VLO s cQ.-*off t�.,Fm!s grw0y stenaed dimes 3djp-a-i te, smrm dr- r. Meta.Ste is mt A -No tbutnRnm Draiffs to Oz--am'- Refacences aC rria f.rmm l ate— Sesz klara i3l M4 �Z+WMer�jd: 20 ca> mia mum mem &-ct Ma OgEirEnt: F-a -_e Fla i l--_ °'P—S' %IMIgEM-Ent Fmc&e Hodb :lt ? red bx� -Cam-€' Dtess &—McKee. Asw&tes f-x Strrna.E�Y r Quaf a aLk F kiaruh 1!^'3 �aspv P�r� " f _I UPS F�iaf F?cgr.3m7 A Haw-Tvb.t tdde fitr, Deue1cping Ulm i-R; :ProWumsfmSmmll bC. � tr of cty e€Sailb a-4 'CaEM St31�mmTSsi-M t ORterey BayNadma3 h4ar!nv Sa suarv; Asscdafia -ff hicn p Bav f ^e@ GOvp m�+ts; 9 �s .� h1'de C�str-� toa-I,ezaimai Wz'r=f t cw• ,al g^a.�. Ju?y 1990 [: u�srd February the CalUmmia CaaSMl` arrinsissar For addidmiA infonmdon contact J:aalntyr of'[ m I I GG;ftmmheda Main:1i14) 9 5M: �=' tom:.°�a�� ��c�}hr H�ir�- 1�E=,•�'6LL it virsit c ua bsr at.xrr ^rx e � m City of Huntington Beach License Food Bank Facility Page 33 of 38 p.3 of 3 3. Project No: PAII105-33 Closed Gothard Landfill 9 11 13 15 li 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "B6" BMP FACT SKEET IC24 Wastewater Disposal Guidelines F�3iItE4�1 Pi�t�flil;�i G`;CC'+iC:1��fW Thai - T'.raa�'ail;a�e=as.VrS i'1i01 it7 l I its. u'Id Yf ]#3tr TM's�ia=ge. in POEU.-am a#ihc±l�. c�im mt - x NiliaflL�-- x Cts mzL- x MEW - x s �r°sse x Tc* O - rac a Cr4m Dammmlinc x Pwpmse d .MEP: t'ta npw CcurrL r s and ne Cmmtir pf CemmTE are mandr%_d anw KODES thle Cat€hini F:4m4 Watat Quaerty Cmr�mf Rw s : a prakilk the tEs--hxge.:of v,; and rr.--il= m: wa rMoft ien: die sf:rrn dra t :s r'S'16 shEreJbre,,urNmot iv�—mmau �jmilir ditz^hwge4 to 'die dmin Vim: man Ei to hetp=f�hese5 ccznplgviith � RT,i� P-r � dks of 0,aqe ^ ;.=a L r.Cif of c .e; Ssui + on rt a: u �' z Nr�ncr.ity�:. Cyan C ozmty .: tatii-m D's a u ra x t is r i Etsaa devsoped the fbEawing best`mmagemnt pezfices �9�'�'sj Fr the przer &Fosai ov %as at& geW----A by oFtb3r b apEralcrs amdawwom a A: gmsims r rdrig any of dip- AiRs Mrsm_ m riv t 'ecwer g '39er+c _ cr y4at Cky-a NMES Cxrfatiar: EPA lea' nimnf Data'SummaT zi Urban Stormwater Deist Mana enr Pracksis M24 ZepCsd,' aE ._•t m = C-Cumma }rs i OOR R=mc . I'ma tS�:S&=er ns City of Huntington Beach License Food Bank Facility Page 34 of 38 p.I of 5 Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "136" BMP FACT SHEET IC24 Wastewater Disposal Guidelines 1.. Ganaml BeGManagementfracti s fgWap and i'acar-aban: af'ildk Arica 1t2at shma dd-1 do ,pmarto t=,nducdhg a jGb r i he BWs z, --errted 1---{yea am- *--tided i y � amply l"mg and _stm-- bom ee-im?rAg the 1 shah. syst- 1e be t lm-, by or Outdcar ardbI of a iced busiME55 Mrat _ ns�zlte ��� _ rgard, ss Y, foe : vwbD. be : aE dsaftEvig, apE.-Am to be permrra=ct Eta ate fir?csrm r+als anal corrpcsis -d:fx ds2ML" .and rau� or �'i rrin. t� �a � = 0i ��e mat mntiin s�IkL-�. �iea� i<r�;� _, him :��ls df }��al�m�;. �r �a�• }i�p`��wsp ��r� pl-f ��t e�.s use tu•� s��sg WaR zhmugh the area saeiEre *e deaming wR o ur pir�:ir to the start of'the job acid irdawe� all ama:drair , jrard �airis, and asir.s pa re a+hstF r., u �z t�rriial} e r the Sbz drain syK.�c r_ • 6 e 'se�fi 0:dert,fled &Uims or., c3:-141bm-ms ;gig sand �-,pl°.igs;:n&bre-. tn=_ or tEffrPCv--Y- emits. CdLsd all trash-ar-d debrfs; from die pr:t area and,p . is ;h a brr: m- dlsposalL + 5weep-afl surbm amms, prior to daam�rig W lni imps beamor t e :a pe d: :fde„s 1 and gran �ra>terd�r. sari sue ; it is pe ssary Wit: :i�=ei al a req&—erner3 iderstiffird helm. + -Carte mrkiLP'washing :n aa=rdativ--- 1:0 sart-i-ig $mso$,f m- prod by life eqiu"tgcrav 51Appfi9T. Maintain egapmerft in g;gd`s -.tbii Wder andl *oudmely heck aed'estdd sa y aedws:` l�-�atrrrstl�ds r:a,r he �����dler;# i�st�a�er� a s�� must adequa-fir de{red so ghat this �-tewater dbes not flaws into am :nr-st ..wafmsue &aLt KEEL 411 ni E and fang b i srs .s -auld ussire of the 1c11mm. g r r_ mfs, r=3r3r&4-A of u be :Ea1ttd :gyp t. eie htce CtCle ; ram to -be perbfin + Parbble m.a en! ar-.a=, :m ka srode i nm w-=rproui ;ap,:hesv -dixy pb— s c or :n6tre-F mat eg> pEd v th beans M preentwas-L tter ftm:-.-W%-Mg irrto se-rom ikwt eets or dsdhage .ff .idaterrals that COM b ��;rir l�rm�_;r!i�ade s�°„dbag;:�r•��r-1=u1� �ier� :m�u:�=� a�.�:;�rnen::'rn�t?r'rav' is a=ed,.it;m�tseaf ti tD-1he raurzd so thatma tewaLar can pass mid& or mer tare kems. vaen,pawea vt�ispdrg srnalier �ces of ew-op pent, mritaiwent demos to use may mdu&l portab= %mY, swimming pails pew =-ga�L.n dives on ors, and Eat resew w tem sE oombiwam t pads. G ndk-rg OR the YtilMMe rfv3seWater= gen sue. it 57MV tr-- r are n use a p , Aiz may range rh sir ftrn a wedrf amarJi .to a SUM- P, PUMP- :A mrx�, val basic i am whirh to pump can aim be set ip by esteiria a .Barr riairiroari:aa: City of Huntington Beach License Food Bank Facility Page 35 of 38 p.2 of 5 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "B6" BMP FACT SKEET IC24 Wastewater Disposal Guidelines + =: Crary or MOM p !mar=nt t rime aria= w ft �• C=s=- ; a:=d 3Y4 g:arnp items. MEW be is 5BIl tO Mnt3't aM *,rErHt,- a h01ffMg task_ • Comme*dai%ueeaata!a-x7ecEnn stem.._3wabbw�-R3bi_iofp;ys'-_r7hese sys-terrts.LMe �•m• FMble W,51� PfS SO,�r a d .Mterr diq 21_ r� f �r ar 3el q_ iEiiS-t T;e of equ4niect cmdus"Iyte i&md ird the telephmme back umder'F° Washing Seri c� are# Egwjggr rrr $ y dr rd irdeL =ve.F Carl be'.ma* cf a hewn rbt. irfy or. p!mstii semmed ird .wr36 ma erais S> as otir =s }aw+ , grauel bags of sa S. s dr�r met s "� slsa be 6lD kirq. sb.rm drahn ba ale im j-e pabii rio- t-�€-sy f.r_ P liw sir`et c ro.&es p f } n baliey],;s prah as a' melt ndl of n rnw�t. �less.:xsresslw perreii - bar �e a - -1-1ytvgl 7 ifgrapg} % ett��a&,rtiefft mmit':;?Ope—�-_ i tas7�ate sk:uid be- t ►ed —siir prik' emm'-�mg d4e pgio fEgM a-Nvar .- t'ca°.T-U-ct feral MV itri Ear mare 16= W.asa� iBr INsDowl 10a &MS H+w can l diap ate of my- W�'L is not allowed in - e st.rm dr i. r sieeL Havi-~uer, be wm,:�aaer =Y be &sd- timed tw iafi�apih� or theSari w+ ;.or it 1CWV be f+ 3rsd=rd:ofby a waste ham=r s'lc =ra3 a� rix seer= ar. e fietsi- r ier, to raf¢t�v ar �p�is ma�rb+s g;iited !a a lr�}r .1`?c aeel r edyod'_ C h=Se arse of 6J"S JMe 4k1e 5"s�IG 7E�r tftpoSdoptMs IL—ted betm Lased =rd ts h-,D Sin mydtiices: Oubon t_ Gimhavwl astsratw..to.aLandmayed. he vaaafer: rust m iY,e fall�g regirerr if diiarng 3rrrrrg:. 2 m sthe beb>nn 6_5 artd $:,,_ 7j : =a be it srtd; s a t h e per: �t ships: } Pfi mmstem ST =-m3 , large 1� - ay com—ml t� s of 4 r5�ra�.7twr'S: a ?ale s #hat mom; Create afire U � M. hamrd iyc.g. s afire_ d-ase-1j: o Solid WL11520kis pc+i`;u nLs ir M-Pl3 is sidficierf b =US .zkSff.--- . cr, blzcup of flow. L=el�i&Jm cif;. M— '-Les pmiwd of armem- i ail mi! yM, o �3iPi c t� _ 1rfaC--- ashina, u MUSt MET —Me and vd.vmes or --nt�iiors of a (rsted WLimmL- -cm. nen methods b: eiimreara-mg pals i �^.d>de t ie play t,ci.a+ss�#wt b3 Sash- polli€-rt, dry-�ie :erg +e a L�er+y and dsp2simg ; the ais,:rbant pmws — In -39ff1k.-M, �e fry Je iiesg fail a hides ai tie ; v a �xter:;i4 or aai*�es. d W idhgs At� wad- of meroi y4med paint st�outia nosi be dry&ged 5a Jar,Ji3r ,dC,Mprr _ .:r. ecges�.ntGah.•G-��y's`{nk3�.3".:.�s;ar;rmd0e_-ias.. ?r - City of Huntington Beach License Food Bank Facility Page 36 of 38 p.3 of 5 Project No: PM10 -33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBTI' "B6" BMP FACT SHEET IC24 Wastewater Disposal Guidelines . Fier the if ii atimtarPs dsk;,is ; cr Lther suspended S-ds, F t_ tthat. a is &dfi b nEd, 1he'13nds d:area aid wit f wi ;+ inflame` rea ike . ffroFd priv it leaning the ud s a_ OTation k Tttsftat oa Wastwater ta thaftnibry Sewer Tha vesstewafe-r must camg rvifth''�t�e 74� !a �y ^Y7 �t7IL i S ii dt--y:osed of ktb3_J s-sariftary saw? must roe less -than: t °F 1160,E j p't mt i 6e be r a rt t : d 12 0 :..This b quidtly and eWry tr�a�h the use OtTp" spar tes� sips: Adji�t a - 1� a pCi �° :is betvi-eer. 5=0 and 1 2_0. TKT is slat an effi:,frire cr ��}e PreaeairnS�t > - er a6tjF'tt :o rnPh!-Aa tha:b:atl sar`bzy sewer.ChY&s disdhasa Emits ard r d riigr. ire Basta -r st,ota}� star sri: arm ones ri t e r 0. Solid a �d trtpairi. F:�artU �,gta� �as�tiri� �:.0 r3f�t e�se?t.�y ��"r�sarr�le rnem�ts ro� a}trts�t�t= �r� ���trnes �r Acaborsoffabavefishpt rsls_ Ge--Mtn,,nmethods `toerurdratssbnMd q:p �,}gal p�7uar� obdude ate -k-serbEaf o ads t_ pion drg-sasespingth; aiscrbent and esigninozf f No wastetrmter shal te a -=d +: P d per attar �t s s.s a� a s: - & Fiber the t ub'=fl3ter: if it =main dAM' S.`&L-s; cr anther sus pamded szld2,. if zhi mbm}-'Le.g , s^}'a--ants, zr aid are use duf td a deaniq pmamass : aril arL m. mawbte rated: C-ttac4}cur sarg3damdist ctto pIaM ifWatt-water=Mt2- M di'strti,�s.Tewdr s dmen' liEg'nbe C5 -b the _a— nizary s-evie vrif +needs �, be salad as hampdcus w7rk _ • Elts are that -ta rs reused at a fl—w i aridor =n ua� n.T. Its ME M! Mitse pmblsTs,, p`-a; thrti". of rr t> ieri� rr :�s t the sevien. ge.fadrities. Gsqerj}ly, rF mg, are u5ilq a b= Mz� ed v eanatt, s nk, f_ filet, fZccr a: d 81e s prc rttj., 3s4 ." fltta, des rzt balA R, the Eaw atat mt win nct Z)L6e blems,.gassJww or ir�-3strftceWith Sea several ftdf7es: o 'tivately cwrted dea=W fiv Birk. leenx Hoar ar-dtj, awa� spa , ar, tei&w gr^smd;uara at the dieW s pr-acedy where the twasih vm=_r k.:2ne ate'd, . ti, risai 3gf v�wr d Pldusttiva SEWEr =ML-Z&M at ae.Mt& FcpS7 wheie the wash wad is c "has ;aui skean at unitary _tea+-F I _ and my-; 1 •pr a a wumwa= C-,m==dln,-.3ak3a:5=;!�=4 O -i= _Ap c r. City of Huntington Beach License Food Bank Facility Page 37 of 38 p.4 of 5 Project No: PM 105-33 Closed Gothard Landfill 3 5 7 9 11 1J 15 17 19 21 23 25 27 29 J1 J3 35 37 39 41 43 45 47 49 EXHIBIT "B6" BM P FACT SHEET IC24 Wastewater Disposal Guidelines A} cther lisp .mE peiryappzed by mh _mli""ry SF �� ?-W_ * . �1ai�rain a•lrai�e�t:df ail di=+.�ra�=s. Ctoti6n.3._ Dispose ofWastawatsdUsinga r refiaaeionaE HazwdDu3'Wzst9'raid&r s Yt t2r u7aT..^rri7 a. ,amare- tad h arN a tie7a& L-g t ayp t'ivcr b: drrspa-s , v"fi usk g a �azzardzasmemv 1_. , ie Sas �eiz ed':b a pH li-algae a l��a _�) tir ar�st 4 ird-cai`.-d by a pl= va;iFe cf re-ater than ICJ ): •r= s a gpili-mt t mT yea; - a Are ce x:lasiom 1=,az3r-J � g.. gasoiti r, ! C=a'm SOador ;r�.:L- jrflk}wmm in amew.Vs sulfa ient to cause ots ruction w Id _ E of b _ * cmums p ah—WfEarn cil, cwtmg ; or , prD&OM of rKmard Lei it + ��[G7in= srtrer p '.�3a1€tazar5 vs���: CY.les of c�� pct� �� 1`��rde.�� �r•s ir���de� . c Y.Raa; st garr d m p �� Yrr� om- fairrt cif a bu dine patm `r*-_d to �e c .. evaluzied, arLd disposied el prope-N. '031m Ci s COMM,L-_ isZ, Gm lne grmd at ic-b She. Old: pt�rt d'cly �rgre l; cui?dings r7ay dairy i- etafs Vie. j , kA mium eadimium. arnd mem r], eaiisirei3 In tm be_a me—plab h- --d mt� e, v%s eesaG _d in =nf�nda �a to - ri s 1 = snd:de s rA agE;,t, :, Mr h mmy :awe ih_. Ycj mrst cagdry J--JFbL7wwht3 �&-na fah ►irasia Fawlerrs cued_ , • E�� tlx: the. wasts Km6er is rarfifAz by he awrok-ate szmbrysewefmg.Bwq and tine Drag. Dirty YCmt Care ArsncyF is Ham- Mom la- F DOT cemb-fie-zL d m &cnplyir-g mirt, ap ble ;lie ragutatc..m_ AlEr-� mmy mod- iii rrg ne sary Ferrnits and corductnq water q;atity armor-g: Ft-emse mrtnc �h-- aide Cmu&y Hezhdt Cam Agency a ri.br voL l be d :- &mr � tr Spa�v r�arrerrr�nL.. E l'���in a ll�o.�: of a#77 a:ti�ra,•g=s Ord lsa�,�tus ��s€e.srargms�, � a¢�fiu_ Far addflmmal inform ad an con-br t Country of Omqel 00 Watesahads. orvisis CPffW&sitSaf a - 9e s.c m, City of Huntington Beach License Food Bank Facility Page 38 of 38 p.5 of 5 Project No: PM 105-33 Closed Gothard Landfill sU INSURANCE AND INDEMNIFICATION WAIVER o on }iun1iMODIFICATION REQUEST n ,� V 1. Requested by: Luis Gomez 2. Date: 9/16/13 3. Name of contractor/permittee: Beach Cities Interfaith Services, Inc 4. Description of work to be performed: Food Bank Facility at Gothard Landfill site 5. Value and length of contract: 5 year lease, $600 per year 6. Waiver/modification request: Waiver Workers Comp 7. Reason for request and why it should be granted: No staff -work performed by volunteers 8. Identify the risks to the City in approving this waiver/modification: Minimal 7� '-Depaqr6ent Head Signature ate: APPROVALS Approvals.must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City ministrator's Office is only required if Risk Management and the City torney's Office disagree. 1. Risk Management Approved El Denied Signature D A 2. City Attoriney's Office approved ❑ Denied Signature Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Insurance Waiver Form.doc 9/16/2013 9:40:00 AM r 7!t 4"gin Beach Cities interfaith Services September 20, 2013 VIA ELECTRONIC MAIL Luis Gomez Economic Development Project Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Mr. Gomez: In connection with the impending use by our organization of the site on Gothard Street, this letter is provided to affirm that Beach Cities Interfaith Services, Inc. will operate without the use of employees (full-time or part-time). If Beach Cities Interfaith Services, Inc. at some later date elects to retain employees, the organization agrees to notify the City and provide evidence of appropriate workers' compensation insurance coverage. BEACH CITIES INTERFAITH SERVICES, INC. --� �, t__� Robert E. Sjogren Director CERTIFICATE OF LIABILITY INSURANCE 8A7i2o13YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Church & Casualty CONTACT Krista Meissner NAME: PNGNE . (800) 995-7525 FAX No: (800)995-7521 EbMAIL ADRESS, krista@churchandcasualty.com 3440 Irvine Ave INSURERS AFFORDING COVERAGE - NAIC # INSURER A:Nori rofits ' Ins Alliance of CA NIAC Newport Beach CA 92660 INSURED INSURER B : INSURERC: Beach Cities Interfaith Services Inc INSURER D : 18131 Gothard INSURER E : INSURERF: lHuntington Beach CA 92648 COVERAGES CERTIFICATE NUMBER:CL138790665 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF /Y MM/DDYYY POLICY EXP MM/DD/YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIALGENERAL LIABILITY DAMAGE TO R aEoccurDrence $ 500,000 A CLAIMS -MADE X� OCCUR 013-18775-NPO /13/2013 /13/2014 -PREMISES MED EXP (Any one person) $ 20,000 PERSONAL & ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 AJIJ GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO �,y V �p aZti COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident) $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If es, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of insurance for use of vacant land located at 18131 Gothard, Huntington Beach, CA 92648. Certificate holder is named additional insured only with respect to the activities of the Named Insured on the above described premises. All activities/operations not specifically run/or conducted by the Named Insured are excluded. Gtti 1 II-IGA I h NULUtH (714)374-1597 City of Huntington Beach 2000 Main St PO Box 190 Huntington Beach, CA 92648 ACORD 25 (2010/05) INS025 (201005).01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Meissner/KRISTA ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ' YYI IItGiI IIVN4UG�11q.7 -NOOkk 4JIYGkk ,av ul�'i-tkouka..v. Vkyukkk�4a.v,kr •�vav� uwv,r v.�� -� - ,. -- - l 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31' 33 35 37 39 41 43 45 47 49 City of Huntington Beach License Food Bank Facility Project No: PM 105-33 OC Waste & Recycling/Closed Gothard Landfill LICENSE THIS LICENSE ("License") is madePIXA-L-44- X-`- , 2013 ("Effective Date"), by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the CITY OF HUNTINGTON BEACH, a charter city and municipal corporation, organized and existing under the Constitution and laws of the State of California (hereinafter referred to as "LICENSEE") without regard to number and gender. 1. DEFINITIONS (AMLC-2.1 S) 1 2. 1 3. The following words in this License have the significance attached to them in this clause, unless otherwise apparent from context: "Board of Supervisors" means the Board of Supervisors of the County of Orange, a political subdivision of the State of California. "OCWR Director" means the Director, OC Waste & Recycling, County of Orange or designee, or upon written notice to LICENSEE, such other person or entity as shall be designated by the Board of Supervisors. "OC Waste & Recycling" means OC Waste & Recycling, County of Orange, or upon written notice to LICENSEE, such other person or entity as shall be designated by the Board of Supervisors: "Risk Management" means the County Executive Office, Risk Management, County of Orange or upon written notice to LICENSEE, such other entity as shall be designated by the County Executive Officer or the Board of Supervisors. TERM (AMLC-3.1 N) This License shall be effective upon the Effective Date. Said License shall continue in effect until terminated as provided in Clause 3 (TERMINATION) of this License or until ten (10) years from the Effective Date, whichever occurs first. TERMINATION (AMLC-3.3 S) This License shall be revocable by either COUNTY or LICENSEE at any time; however, as a courtesy, the terminating party will endeavor to give the other party at least thirty (30) days written notice prior to revocation, City of Huntington Beach License Food Bank Facility Page 1 of 38 Project No: PM 105-33 Closed.Gothard Landfill 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39I 41 43 45 47 49 4. LICENSE AREA (AMLC-4.1 N) COUNTY grants to LICENSEE the non-exclusive right to use that certain property hereinafter referred to as "License Area," shown on Exhibit "Al", attached hereto and by reference made a part hereof. LICENSEE agrees that in the event that the OCWR Director finds it necessary to construct landfill gas, water quality, drainage or other improvements in the License Area, LICENSEE shall at LICENSEE's sole expense re -locate LICENSEE's improvements, structures and facilities as necessary to accommodate said construction. The area occupied by LICENSEE shall become the License Area for purposes of this License and all references to "License Area" in this License shall apply to the new License Area. 5. PARKING AND VEHICLE CONTROL (AMLC-4.3 N) LICENSEE understands and agrees that due to former landfill maintenance requirements, motor vehicle parking within the License Area must be restricted. Licensee may allow motor vehicles to park within the License Area in as many as twelve (12) marked parking spaces, which spaces must be on the portion of the License Area that is paved with asphalt or paved with gravel. Drainage from those parking spaces must flow away from the former landfill toward Gothard Street. Any other. parking of motor vehicles within the License Area is prohibited. As may be required by applicable law, LICENSEE shall also designate parking for disabled persons in accordance with the Americans with Disabilities Act, Section 7102 of the California Uniform Building Code and the applicable codes and/or ordinances relating to parking for disabled persons as established by the local jurisdiction in which the License Area is located where the provisions of such local codes and/or ordinances exceed or supersede the State requirements. LICENSEE agrees to provide adequate staff to control traffic in the License Area. 1 6. USE (AMLC-5.1 N) LICENSEE's use of the License Area shall be limited to operating a Food Bank facility utilizing unpaid volunteers as necessary. The Food Bank facility will provide assistance to the homeless and at -risk families, and such assistance will include, but is not limited to, utility payment assistance, providing free groceries, used clothing, secure mailboxes, bus tickets, Christmas gifts, and school supplies to patrons. The facility hours of operation are to be from 9:00 am to 3:00 pm, Monday through Friday or as may be revised by LICENSEE upon prior written approval of OCWR Director. LICENSEE shall install facilities in the License Area as shown on Exhibit "AT' (License Area Conceptual Facilities Plan). As the final Facilities Plan is subject to change, LICENSEE must receive COUNTY's approval in writing first prior to any installation work commencing under such final Facilities Plan. LICENSEE intends to install a double wide trailer and a portable storage facility on the License Area. LICENSEE shall hard -plumb water and sewer services to the License Area. Parking will be made available for food bank employees, volunteers and patrons pursuant to Clause 5 ("PARKING AND VEHICLE CONTROL"). Existing fencing and security features shall remain in place pursuant City of Huntington Beach License Food Bank Facility Page 2 of 38 Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 to Clause 10 ("FENCING"). No permanent structures shall be constructed by LICENSEE within the License Area. LICENSEE understands and agrees that COUNTY retains the right to enter upon the License Area and further agrees to allow COUNTY to place its own lock on LICENSEE's entrance gate to provide such access. LICENSEE understands and agrees that the License Area may be inspected at any time by any regulatory agency that has jurisdiction over former solid waste landfills. Use of the site may be subject to regulation by: the County Health Care Agency/Local Enforcement Agency (LEA) in its role as regulatory support to CalRecycle, the State agency that is responsible for regulatory compliance of former disposal sites and landfills; the California Regional Water Quality Control Board, Santa Ana Region (SARWQCB); the South Coast Air Quality Management District (SCAQMD); or other regulators having jurisdiction over closed landfill sites. If any such regulators impose conditions as a result of LICENSEE's use of the site, LICENSEE shall be responsible to immediately comply with such conditions at LICENSEE'S sole expense. LICENSEE acknowledges that License Area is the site of a former landfill and as a result the land may be subject to settling and generation of landfill gas. LICENSEE hereby agrees to indemnify and defend COUNTY and to hold COUNTY, its officers, employees, and contractors harmless from any loss, claims, liability, or costs arising out of or which may result from settling, generation of landfill gas;, or any other damage or liability arising as a result of LICENSEE's use of the former landfill. LICENSEE shall also be responsible for preparing any and all required CEQA documentation related to the installation of the Food Bank facility and any such documentation must first be reviewed and approved by COUNTY prior to the Board of Supervisors being asked to approve License. LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit any other activity within or from the License Area. LICENSEE further agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the License Area and to comply with all governmental laws and regulations in connection with its use of the License Area. NO ALCOHOLIC BEVERAGES SHALL BE SOLD OR CONSUMED WITHIN THE LICENSE AREA. NO TOBACCO PRODUCTS SHALL BE SOLD OR CONSUMED WITHIN THE OFFICE TRAILER SITUATED IN THE LICENSE AREA. 7. LICENSE FEE (AMLC-6.1 N) LICENSEE agrees to pay COUNTY from and after the Effective Date of this License the sum of Six Hundred U.S. Dollars ($600.00) per. year as a fee ("License Fee") for the use of the License Area. Said annual License Fee shall be payable in advance, without prior notice. or demand, on each anniversary of the Effective Date of this License while this License is in effect without deduction or offset. In the event the obligation to pay the License Fee terminates on some. day other than the day prior to the anniversary of the Effective Date. of this License, the License Fee shall be prorated to reflect the actual period of use on the basis of a three hundred sixty-five (365) day year. City of Huntington Beach License Food Bank Facility Page 3 of 38 Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27�� 29 31 33 35 37 39 41 43 45 47 49 8. PAYMENT PROCEDURE (AMLC-7.1 S) All payments shall be delivered to.the County of Orange, OC Waste & Recycling, 300 North Flower Street, Suite 400, Santa Ana, California 92103; Attn: Accounts Receivable. The designated place of payment may be changed at any time by COUNTY upon ten (10) days written notice to LICENSEE. Fee payments may be made by check payable to the County of Orange. LICENSEE assumes all risk of loss if payments are made by mail. No payment by LICENSEE or receipt by COUNTY of a lesser amount than the payment due shall be deemed to be other than on account of the payment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as payment be deemed an accord and satisfaction, and COUNTY shall'accept such check or payment without prejudice to COUNTY's right to recover the balance of said payment or pursue any other remedy in this License.. 9. CHARGE FOR LATE PAYMENT (AMLC-7.2 S) LICENSEE hereby acknowledges that the late payment of the License Fee or other sums due hereunder will cause COUNTY to incur costs not contemplated by this License, the exact amount of which will be difficult to ascertain. Such costs include but are not limited to costs such as administrative processing of delinquent notices, increased accounting costs, etc. Accordingly, if any payment of the License Fee, as specified in Clause 7 ("LICENSE FEE") or if any other sum due COUNTY is not received by COUNTY by the due date, a late charge of one and one-half percent (1.5%) of the payment due and unpaid plus One Hundred Dollars ($100) shall be added to the payment, and the total sum shall become immediately due and payable to COUNTY. An additional charge of one and one-half percent (1.5%) of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. If the due date falls on a Saturday, Sunday, or COUNTY legal holiday, the due date shall be extended to the next business day following that Saturday, Sunday, or COUNTY legal holiday, notwithstanding any other provisions of this License. LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by COUNTY shall in no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or prevent COUNTY from exercising any of the other rights and remedies granted hereunder. 10. FENCING (N) LICENSEE acknowledges that there is an existing security fence and gate surrounding the License Area for maintaining security of the License Area and of COUNTY improvements. LICENSEE agrees to maintain in good condition and repair at LICENSEE's expense the perimeter fencing and gate around the License Area for as long as this License Agreement is in effect. The Licensee also agrees to keep the fence gate closed during non -operating hours. City of Huntington Beach License Food Bank Facility Page 4 of 38 Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31, 33 35 37 39 41 43 45 47 49 11. REGRADING (N) LICENSEE agrees that during the term of this License, it will re -grade the License Area, as needed, to compensate for soil settlement, if any, by eliminating low spots and preventing storm water or water from other sources from ponding in the License Area. Such re -grading shall be done upon request from the OCWR Director consistent with landfill property drainage and erosion control standards and shall be done at LICENSEE's sole expense. 12. COUNTY IMPROVEMENTS (N) LICENSEE agrees to protect in place COUNTY's existing and future improvements and infrastructure within the License Area. LICENSEE shall be solely responsible for the cost of repair or replacement of COUNTY's improvements if such improvements are damaged due to LICENSEE's use of the License Area. 13. UTILITIES (AMLC-9.1 N) LICENSEE shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the License Area. 144. INSURANCE (AMLC-10.1 N) LICENSEE agrees to purchase all required insurance at LICENSEE's expense and to deposit with COUNTY certificates of insurance, including all endorsements required herein, necessary to satisfy COUNTY that the insurance provisions of this License have been complied with and to keep such insurance coverage and the certificates and endorsements therefore on deposit with COUNTY during the entire term of this License. This License shall automatically terminate if LICENSEE's insurance coverage is terminated and LICENSEE fails to deposit with COUNTY replacement certificates of insurance, including all endorsements requiredherein, within ten (10) business days after termination. If this License terminates pursuant to the preceding sentence, but, within ten (10) business days thereafter, LICENSEE obtains and provides evidence of the required insurance coverage acceptable to OCWR Director, this License may be reinstated at the sole discretion of OCWR Director. LICENSEE shall pay COUNTY Six Hundred Dollars ($600.00) for processing the reinstatement of this License. LICENSEE agrees that LICENSEE shall not operate on the License Area at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of OCWR Director. In no cases shall assurances by LICENSEE, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. OCWR Director will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of LICENSEE's insurance, COUNTY may take whatever steps are necessary to interrupt any operation from or on the License Area until such time as OCWR Director reinstates the License. If LICENSEE fails to provide OCWR Director with a valid certificate of insurance and endorsements, or binder at any time during the term of the License, COUNTY and.LICENSEE agree that this shall constitute a material breach of the License. Whether or not a notice of default has or City of Huntington Beach License Food Bank Facility Page i of 38 Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 has not been sent to LICENSEE, said material breach shall permit COUNTY to take whatever steps necessary to interrupt any operation from or on the License Area, and to prevent any persons, including, but not limited to, members of the general public, and LICENSEE's employees and agents, from entering the License Area until such time as OCVWR Director is provided with adequate evidence of insurance required herein. LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from COUNTY's action. All contractors performing work on behalf of LICENSEE pursuant to this License and any sublicensee shall obtain insurance subject to the same terms and conditions as set forth herein for LICENSEE. LICENSEE shall not allow contractors, subcontractors, or sublicensees to work if contractors, subcontractors, or sublicensees have less than the level of coverage required by COUNTY from the LICENSEE under this License. It is the obligation of the LICENSEE to provide written notice of the insurance requirements to every contractor and sublicensee and to receive proof of insurance prior'to allowing any contractor or sublicensee to begin work within the License Area. Such proof of insurance must be maintained by LICENSEE through the entirety of this License and be available for inspection by a COUNTY representative at any reasonable time. All self -insured retentions (SIRS) and deductibles shall be clearly stated on the Certificate of Insurance. If no SIRS or deductibles apply, indicate this on the Certificate of Insurance with a 0 by the appropriate line of coverage. Any self -insured retention (SIR) or deductible in excess of $25,000 ($5,000 for automobile liability), shall specifically be approved by the County Executive Office (CEO)/Office of Risk Management. If the LICENSEE fails to maintain insurance acceptable to COUNTY for the full term of this License, COUNTY may terminate this License. Qualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier) or have a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category) as determined by the most current edition of the Best's Kev Rating Guide/Proyerty-Casualty/United States or ambest.com. If the insurance carrier is not an admitted carrier in the state of California and does not have an A.M. Best rating of A-/VIII, the CEO /Risk management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by LICENSEE shall provide the minimum limits and coverage as set forth below: Coverages Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate City of Huntington Beach License Food Bank Facility Page 6 of 38 Project No: PM 105-33 Closed Gothard Landfill 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37� 39 41 43 45 47 49 Automobile Liability, including coverage for owned, non -owned and hired vehicles Workers' Compensation Employers' Liability Insurance Required Coverage Forms $1,000,000 limit per occurrence Statutory $1.000,000 per occurrence The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance: 1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming the County of Orange, its elected and appointed officials, operators, officers, employees, agents as Additional Insureds. 2) A primary non-contributing endorsement evidencing that the Licensee's insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. All insurance policies required by this License shall waive all rights of subrogation against the County of Orange and members of the Board of Supervisors, its elected and appointed officials, operators, officers, agents and employees when acting within the scope of their appointment or employment. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, and members of the Board. of Supervisors, its elected and appointed officials, operators, officers, agents and employees. All insurance policies required" by this License shall give the County of Orange thirty (30) days' notice in the event of cancellation and ten (10) days for non-payment of premium. This shall be evidenced by policy provisions or an endorsement separate from the Certificate of Insurance. The Commercial General Liability policy shall contain a severability of interests clause, also known as a "separation of insureds" clause (standard in the ISO CG 001 policy). Insurance certificates should be forwarded to the COUNTY address provided in the Clause entitled NOTICES of this Lease or to an address provided by OCWR Director. LICENSEE has ten (10) City of Huntington Beach License Food Bank Facility Page 7 of 38 Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 business days after receipt of notice to provide adequate evidence of insurance or this License may be cancelled. COUNTY expressly retains the right to require LICENSEE to increase or decrease insurance of any of the above insurance types throughout the term of this License. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect COUNTY. COUNTY shall notify LICENSEE in writing of changes in the insurance requirements. If LICENSEE does not deposit copies of acceptable certificates of insurance and endorsements with COUNTY incorporating such changes within thirty (30) days of receipt of such notice, this License may be in breach without further notice to LICENSEE, and COUNTY shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit LICENSEE's liability hereunder or to fulfill the indemnification provisions and requirements of this License, nor in any way to reduce the policy coverage and limits available from the insurer. 15. OPERATIONS (AMLC-11.1 N) LICENSEE shall, to the satisfaction of COUNTY, keep and maintain the License Area and all improvements of any kind installed by LICENSEE in good condition and in substantial repair. It shall be LICENSEE's responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair. LICENSEE expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to the complete satisfaction of COUNTY and in compliance with all applicable laws. LICENSEE further agrees to provide approved containers for trash and garbage and to keep the License Area free and clear of rubbish and litter. COUNTY shall have the right to enter upon and inspect the License Area at any time for cleanliness and safety. LICENSEE shall designate in writing to COUNTY an onsite representative who shall be responsible for the day to day operation and level of maintenance, cleanliness, and general order. If LICENSEE fails to maintain or make repairs or replacements as required herein, COUNTY may notify LICENSEE in writing of said failure. Should LICENSEE fail to correct the situation within a reasonable time thereafter as established by OCWR Director, the OCWR Director may have the necessary correction made and the cost thereof, including but not limited to the cost of labor, materials, and equipment and administration, shall be paid by LICENSEE within ten (10) days of receipt of a statement of said cost from OCWR Director. OCWR Director may, at OCWR Director's option, choose other remedies available herein, or by law. 1 16. TERMINATION OF PRIOR AGREEMENTS (AMLC-12.1 S) It is mutually agreed that this License shall terminate and supersede any prior agreements between the parties hereto covering all or any portion of the License Area. Notwithstanding the foregoing, this provision shall not release Licensee from any obligations under any prior agreements to be City of Huntington Beach License Food Bank Facility Page 8 of 38 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 performed through the effective date of this Agreement or from any obligations of indemnification based upon events occurring prior to the effective date of this Agreement. 17. LIMITATION OF THE LICENSE,(AMLC-13.1 S) This License and the rights and privileges granted LICENSEE in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the License Area. Nothing contained in this License or in any document related hereto shall be construed to imply the conveyance to LICENSEE of rights in the License Area which exceed those owned by COUNTY. 18. LABOR CODE COMPLIANCE (AMLC-14.1 S) LICENSEE acknowledges and agrees that all improvements or modifications required to be performed as a condition precedent to the commencement of the term of this License or any such future improvements or modifications performed by LICENSEE at the request of COUNTY shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Section 1770, et seq.). These provisions are applicable to improvements or modifications costing more than $1,000. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Orange County Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality applicable to the License for each craft, classification, or type of workman needed to execute the aforesaid improvements or modifications. The rates are available at the following website: http://www.dir.ca.,,-ov/dlsr/DPreWa.izeDetermination.htm from the Director of the State Department of Industrial Relations. LICENSEE shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates at all times for all improvements or modifications to be completed for COUNTY within the Premises. LICENSEE shall comply with the provisions of Sections 1775 and 1813 of the Labor Code. As required by applicable law, LICENSEE shall maintain certified payroll records for all workers that will be assigned to the improvements or modifications and shall produce said records upon request by COUNTY or other State agency. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker. Upon request LICENSEE shall provide the OCWR Director updated, certified payroll records for all workers that shall include, but not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages paid. If LICENSEE neglects, fails or refuses to provide said payroll records to COUNTY, upon request, and LICENSEE was otherwise required to maintain such records by applicable law, such occurrence shall constitute an event of default of this License and COUNTY may, notwithstanding any other termination provisions contained herein, terminate this License. City of Huntington Beach License Food Bank Facility Page 9 of 38 Project No: PIf 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 19. RIGHT TO WORK AND MINIMUM WAGE LAWS (AMLC-14.2 S) In accordance with the United States Immigration Reform and Control Act of 1986, LICENSEE shall require its employees that directly or indirectly service the License Area or terms and conditions of this License, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. LICENSEE shall also require and verify that its contractors or any other persons servicing the License Area or terms and conditions of this License, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States. Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, LICENSEE shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the License Area, in any manner whatsoever. LICENSEE shall require and verify that all its contractors or other persons servicing the License Area on behalf of the LICENSEE also pay their employees no less than the greater of the Federal or California Minimum Wage. LICENSEE shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the License Area or terms and conditions of this License. Notwithstanding the minimum wage requirements provided for in this clause, LICENSEE, where applicable, shall comply with the prevailing wage and related requirements, as provided for in Clause 18 ("LABOR CODE COMPLIANCE") of this License. 20. BEST MANAGEMENT PRACTICES (AMLC 15.1 S) LICENSEE and all of LICENSEE's sublicensees, agents, employees and contractors shall conduct operations under this License so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters"(as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System ("NPDES") permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District and cities within Orange County, as co-permittees (hereinafter collectively referred to as `'County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the License Area licensed under this License. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan ("DAMP") which includes a Local Implementation Plan ("LIP") for each jurisdiction that contains Best Management Practices ("BMPs") that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of City of Huntington Beach License Food Bank Facility Page 10 of 38 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49. conditions to manage the quantity and improve the quality of storm water runoff in a cost effective manner. These BMPs are found within the COUNTY's LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non -storm water discharges and minimize the impact of pollutants on storm water runoff. BMP Fact Sheets that apply to uses authorized under this License include the BMP Fact Sheets that are attached hereto as Exhibit "B 1" through Exhibit `136 These BMP Fact Sheets may be modified during the term of the License; and the OCWR Director shall provide LICENSEE with any such modified BMP Fact Sheets. LICENSEE, its agents, contractors, representatives and employees and all persons authorized by LICENSEE to conduct activities on the License Area shall, throughout the term of this License, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this License commences or as the Stormwater Permits may be modified. LICENSEE agrees to maintain current copies of the BMP Fact Sheets on the License Area throughout the term of this License. The BMPs applicable to uses authorized under this License must be performed as described within all applicable BMP Fact.Sheets. LICENSEE may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the OCWR Director for review and approval prior to implementation. The OCWR Director may enter the License Area and/or review LICENSEE'S records at any time to assure that activities conducted on the License Area comply with the requirements of this section. LICENSEE may be required to implement a self -evaluation program to demonstrate compliance with the requirements of this section. 121. HAZARDOUS MATERIALS (AMLC-15.2 S) A. Definition of Hazardous Materials. For purposes of this License, the term "Hazardous Material" or "'Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste, which is or shall become regulated by any governmental entity, including, without limitation, the County of Orange, the State of California or the United States government. B. Use of Hazardous Materials. LICENSEE or LICENSEE's employees, agents, independent contractors or invitees (collectively "LICENSEE Parties") shall not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or about the License Area (which for purposes of this Clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, LICENSEE may keep on or about the License Area small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the License Area. Said permitted Hazardous Materials shall be stored in a safe location and shall be disposed of in a manner provided by law. City of Huntington Beach License Page 11 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 3 11 13 15 17 19 21 23 25 27 291 31 33 35 37 39 41 43 45 47 49 C. LICENSEE Obligations. If the presence of any Hazardous Materials on, under or about the License Area caused or permitted by LICENSEE or LICENSEE Parties results in (i) injury to any person, (ii) injury to or contamination of the License Area, or (iii) injury to or contamination or any real or personal property wherever situated, LICENSEE, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the License Area to the condition existing prior to the introduction of such Hazardous Materials to the License Area to the extent practicable and shall remedy or repair any such injury or contamination to the extent practicable. Without limiting any other rights or remedies of COUNTY under this License, LICENSEE shall pay the cost of any cleanup or remedial work performed on, under, or about the License Area as required by this License or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by LICENSEE or LICENSEE Parties on or about the License Area. Notwithstanding. the foregoing,. LICENSEE shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the License Area caused or permitted by LICENSEE or LICENSEE Parties.. or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi -governmental entity without first obtaining the prior written consent of OCWR Director. All work performed or caused to be performed by LICENSEE as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, permits and other requirements for such work approved by OCWR Director. D. Indemnification for Hazardous Materials. To the fullest extent permitted by law, LICENSEE hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to OCWR Director) COUNTY, its elected officials, officers, employees, agents, independent contractors, and the License Area, from and against any and all liabilities, losses, damages (including, but not limited, damages for the loss or restriction on use of rentable or usable space or any amenity of the License Area or damages arising from any adverse impact on marketing and diminution in the value of the License Area), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all other reasonable professional or consultant's expenses), whether foreseeable or unforeseeable, to the extent arising out of the presence, use, generation, storage, treatment, on or off -site disposal or transportation of Hazardous Materials on, into, from, under or about the License Area by LICENSEE or LICENSEE Parties. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the License Area and the preparation of any closure or other required plans. All LICENSEE's indemnity obligations arising pursuant to this section shall survive the termination of this License. 1 22. ASSIGNING AND SUBLICENSING (AME-7.2 N) Any transfer, sublicense, or assignment (hereinafter in this clause referred to collectively as "Transfer") of LICENSEE's interest in the License Area, or any part or portion thereof, shall first be approved in writing by COUNTY. Any Transfer which has not been approved by COUNTY in writing shall be void. Occupancy of the License Area by a prospective transferee, sublicensee or assignee before approval of the transfer, sublease, or assignment by COUNTY shall constitute a breach of this License. City of Huntington Beach License Food Bank Facility Page 12 of 38 Project No: PM 105-33 Closed Gothard Landfill 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 All sublicenses shall be between LICENSEE and sublicensee; the entry into sub-sublicensee is prohibited and shall constitute a breach of this License. If the LICENSEE hereunder is a corporation or an unincorporated association or partnership, the Transfer of any stock or interest in said corporation, association, or partnership in the aggregate exceeding twenty-five percent (25%) shall be deemed an assignment within the meaning of this License. Should COUNTY consent to any Transfer, such consent shall not constitute a waiver of any of the terms, covenants, or conditions of this License or be construed as COUNTY's consent to any further Transfer. Such terms, covenants, or conditions shall apply to each and every Transfer hereunder and shall be severally binding upon each and every encumbrancer, assignee, transferee, sublicensee, or other successor in interest of LICENSEE. Any document to transfer, sublicense, or assign the License Area or any part thereof shall not be inconsistent with the provisions of this License, and in the event of any such inconsistency, the provisions of this License shall control. COUNTY agrees that it will not arbitrarily withhold consent to any Transfer, but COUNTY may withhold consent at its sole discretion if any of the following conditions exist: A. LICENSEE or any of his successors or assigns is in default of any term, covenant or condition of this License, whether notice of default has or has not been given by COUNTY. B. The prospective transferee has not agreed in writing to keep, perform, and be bound by all the terms, covenants, and conditions of this License. C. All the terms, covenants, and conditions of Transfer, including the consideration therefor of any and every kind, have not been revealed in writing to Director., D. LICENSEE has not provided Director with a copy of all documents relating thereto including, but not limited to, appraisals if any. E. Any construction required of LICENSEE as a condition of this License has not been completed to the satisfaction of COUNTY,. 23. NOTICES (AMLC-16.1 S) All notices, documents, correspondence, and communications concerning this License shall be addressed as set forth in this Clause, or as the Parties may hereafter designate by written notice, and shall be delivered personally or sent through the United States mail, first-class, postage prepaid, return receipt requested. Any such mailing shall be deemed served or delivered upon receipt or refusal pursuant to the foregoing. Each Party may change the address for notices by giving the other Party at least ten (10) calendar days prior written notice of the new address. Notwithstanding the above, either party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery, regular mail, or facsimile and, so given, shall be deemed to have been given upon receipt if provided by personal delivery or facsimile, or forty-eight (48) hours after mailing if provided by regular mail. City of Huntington Beach License Food Bank Facility Page 13 of 38 Project No: PM 105-33 Closed Gothard Landfill COUNTY: LICENSEE County of Orange City of Huntington Beach OC Waste & Recycling 2000 Main Street 300 N. Flower St., Ste. 400 Huntington Beach, CA 92648 Santa Ana, CA 92703-5000 Ph: 714-536-5542 Ph: 714-834-4000 Attn: Economic Development Department Attn: Director 24. ATTACHMIENTS AND EXHIBITS TO LICENSE (AMLC-17.1 S) This License includes the following, which are attached hereto and made a part hereof: I. GENERAL CONDITIONS II. EXHIBITS Al License Area Vicinity Map A2 License Area Conceptual Facilities Plan B 1 BMP Fact Sheet: IC3 Building Maintenance B2 BMP Fact Sheet: IC9 Outdoor Drainage from Indoor Areas B3 BMP Fact Sheet: IC10 Outdoor Loading/Unloading of Materials B4 BMP Fact Sheet: IC 17 Spill Prevention & Cleanup B5 BMP Fact Sheet: IC21 Waste Handling & Disposal B6 BMP Fact Sheet: IC24 Wastewater Disposal Guidelines City of Huntington Beach License Page 14 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 IN WITNESS WHEREOF, the parties have executed this License the day and year first above written. APPROVED AS TO FORM: LICENSEE ^ n CITY OF HU:T)NPTON BEACH a charter cityAll"Ap cipal corporation ity Attorney 13K3 By: v X- - REVIE D ND City Manager By. ATTEST: Assistant: rityManager 1 B : City Clerk APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Deputy County Counsel Date: , 2013 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. SEC 25103, RESOLUTION 79-1535 Attest: r�� op o, g, 0. Y-lerk of the Board of Supervisors Orange County, California City of Huntington Beach License Food Bank Facility RECOMMENDED FOR APPROVAL: OC WASTE & RECYCLING By: vi Vector/Diepartm4tt Head By: (%�.il/ Department Real Estate Representative COUNTY COUNTY OF ° By: Chair of tTe�qar Supervisors Orangalifornia Page 15 of 38 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 City of Huntington Beach License Food Bank Facility Project No: PM 105-33 OC Waste & Recycling/Closed Gothard Landfill GENERAL CONDITIONS (AMLC-GC 1-15) 1. PERMITS AND LICENSES (AMLC-GC 1 S) LICENSEE shall be required to obtain any and all permits and/or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by COUNTY, in its governmental capacity, shall affect or limit LICENSEE's obligations hereunder, nor shall any approvals or consents given by COUNTY, as a party to this Agreement, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations. 2. SIGNS (AMLC-GC2 N) Signs are allowed upon the License Area. LICENSEE, however, agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area until first obtaining written approval from OCWR Director. Unapproved signs, banners, flags, etc., may be removed. 3. LICENSE ORGANIZATION (AMLC-GC3 S) The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 4. AMENDMENTS (AMLC-GC4 S) This License is the sole and only agreement between the parties regarding the subject matter hereof, other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both parties. 5. UNLAWFUL USE (AMLC-GC5 S) LICENSEE agrees no improvements shall be erected, placed upon, operated, nor maintained on the License Area, nor any business conducted or carried on therein or therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. INSPECTION (AMLC-GC6 S) COUNTY or its authorized representative shall have the right at all reasonable times to inspect the operation to determine if the provisions of this License are being complied with. City of Huntington Beach License Food Bank Facility Page 16 of 38 Project No: PM 105-33 Closed Gothard Landfill 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 7. INDEMNIFICATION (AMLC-GC7 S) LICENSEE hereby waives all claims and recourse against COUNTY including the right of contribution for loss or damage of persons or property arising from, growing out of, or in any way connected with or related to this License except claims arising from the concurrent active or sole negligence of COUNTY, its officers, agents, and employees. LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees against any and all claims, loss, demands, damages, cost, expenses, or liability costs arising out of the operation, use, or maintenance of the License Area by LICENSEE, its officers, agents, or employees, and/or LICENSEE's exercise of the rights under this License, except for liability arising out of the concurrent active or sole negligence of COUNTY, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event COUNTY is named as co-defendant, LICENSEE shall notify COUNTY of such fact. and shall represent COUNTY in such legal action unless COUNTY undertakes to represent itself as co-defendant in such legal action, in which event LICENSEE shall pay to COUNTY its litigation costs, expenses, and attorney's fees. In the event judgment is entered against COUNTY and LICENSEE because of the concurrent active negligence of COUNTY and LICENSEE, their officers, agents, or employees, or in the event there is other final disposition of legal action against COUNTY and LICENSEE, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment of liability. 1 8. TAXES AND ASSESSMENTS (AMLC-GC8 S) Although not anticipated, should this License create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable in connection with this License or upon fixtures, equipment, or other property used in connection with this License, shall be the full responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to be paid promptly. 9. PARTIAL INVALIDITY (AMLC-GC9 S) If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 10. WAIVER OF RIGHTS (AMLC-GC 10 S) The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that COUNTY may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. City of Huntington Beach License Food Bank Facility Page 17 of 38 Project No: PM 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19 21 23 25 27 29 31 35 37 39 41 43 45 47 49 11. CONDITION OF LICENSE AREA UPON TERMINATION (AMLC-GC 11 S) Except as otherwise agreed to herein, upon termination of this License, LICENSEE shall redeliver possession of said License Area to COUNTY in substantially the same condition that existed immediately prior to LICENSEE's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. 12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (AMLC-GC12 S) If LICENSEE abandons the License Area or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to LICENSEE and left on the License Area ten (10) days after such event shall be deemed, at COUNTY's option, to have been transferred to COUNTY. COUNTY shall have the right to remove and to dispose of such property without liability therefor to LICENSEE or to any person claiming under LICENSEE, and shall have no need to account therefore. 1 13. TIME OF ESSENCE (AMLC-GC13 S) Time is of the essence of this License Agreement. Failure to comply with any time requirements of this License shall constitute a material breach of this License. 14. ASSIGNMENT (AMLC-G14 N) See Clause 22 ("ASSIGNING AND SUBLICENSING") of this License above. 15. PAYMENT CARD COMPLIANCE (AMLC-G15 S) Should LICENSEE conduct credit/debit card transactions in conjunction with their business with the COUNTY, on behalf of the COUNTY, or as part of the business that they conduct, LICENSEE covenants and warrants that it is currently Payment Card Industry Data Security Standard ("PCI DSS") and Payment Application Data Security Standards ("PA DSS") compliant and will remain compliant during the entire duration of this License. LICENSEE agrees to immediately notify COUNTY in the event LICENSEE should ever become non -compliant, and will take all necessary steps to return to compliance and shall be compliant within ten (10) days of the commencement of any such interruption. Upon demand by COUNTY, LICENSEE shall provide to COUNTY written certification of LICENSEE's PCI DSS and/or PA DSS compliance. City of Huntington Beach License Food Bank Facility Page 18 of 38 Project No: PM 105-33 Closed Gothard Landfill EXHIBIT "A2" P.1 of I LICENSE AREA CONCEPTUAL FACILITIES PLAN *=n t .fir-MW, Amm& X PAVIA MWO TEAS & z STE STORMWIER )UNAGE fu RUM as m Z. AXOKC FIaE SPPMERS W,1-L WT BE h1gr9m :N 7K "am M. MMM NY UTUMM WL BE MMUM am mt S CMRACM SWI GRADS MLY nE =M� PAN Of Mwe To , ONKY WN m ME AIM AIDA OMES MM IREMJFU�-, HATO-D AFfA OF ACMS RM TO BE IN== N LMF- � 010EC "I (� awrw Ica MESN. �,RE" ALL-1 M5 xr*r-4 wa" AND 'FENCE NGTM POR MAWY I ,E) WATER WEB City of Huntington Beach License Page 20 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 7'� 9 13 15' 17! 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT 66BI99 B1VIP FACT SHEET IC3 Building Maintenance li''3'. BUILDING NT.E CE roF is a. `&-zhniquej'measu^=u e- or sirr central and t s used re;r a -given Get of 1i m- -is 1.0 v1pro e the qUaRl : cf ilm � � ai ar mneff a cost e miners,: The ¢limum required' BkIps fcr .his J V.,a are ctrdine&in the prevenfic na ood hot --' �_ .� r asure ma, redUce or eliminate +a n to .' ; lement -*er more Wily- €i!r '-- Oicat procedures. Pr yr --'rnp-avee _,aiming is �:a _o success c7f Bl"v1imp6men a-ic -u BNIFIG.,1� -d n s fact' h - :ar f ile r�;r TaFgAW Consttuengs Sediment x a'[ade Mebaratz sal. x Bathed x Gileas r2 manic T�Cxil:amm—L, MINIMUM BESTIVIANAGENIENT PRACTICES s�nrtg rM ; moftz;s, and c.tl' -r l= _ rlbecsi. *ci p°repare�mk aria ucr- conductng t6 nrg maintalai . S, r, re mx c m at� zaev wi r when rya In use ar,PJ'' .: a' T'[nEE;voy-veson t"f�.teSI I s. q 3 ram: discharge, prahl itir n&� .b% � %id 4 Wapv are specift =ram- =afed ea6h,o the minimum BM aging with rl=_ eCla es for "ad .1l =al B&'Fs that should dam flffiiJvitf place ai d tacifiN ='scat d near a nsftwe a'�T I'7 arder to .eet he ---quire "Ic'.f1is .rE` u" end h h P?;ority cflit,ec, +e cAneC "diperators id select, ln^ndl '21 r; in ain appropna:e �''vcPs rFi"� Gft u. := stile c of I e 3p=1ri"�p na,� Bho� �' tom' i. 1-: c ass, � M � ar k r��in� f � �-�r�' ��1i � �i}i �a � tt r each f lit ' 1. Propery collect and dispose of =,3r when pressurrewashing buildings, rcGftnd other large ojects- lA,cra ire %--ashing w4heresu--Yur4na area is pasuse a ates- z_l€c an ei6C- ffiat; =rr�� c . z n Cf`i:> t rM� 3 fI t ire. 1U xlafl3p,pJ i3ll ;,l ``# 'um. or h e fe we de Bice to cl-11ecz dhe n mff and locGe aterials. Di Sv bf the, ltc--cZe l riot= and sch& p. 3per y- 'Refer o fact shaat IC24 Wastewater Dispos-al fpr a on p eate 7 od.s for "- sal 1%.-&1hwater ;:o the sani^lal 5--wer. on a lar&Daped arur3 I Fuel spersec as withG" A snap), niC.',cif must l— =i Meet f ri as mach as pass' le, -at .�fi�v a acm-ent-ared strearn.' %--ash runoff Must re ma:r m 1-e n ape, g an° nc-1 dra el .c pa apt. . Propely prepare work area beforeconducting: building irate n _ muir or dr--p lrA—� Jnderrneads outdco. pai;1431&g. Gvapisn „ and': sandbll&.tin vvow —; and^ r peuy jispcse of mat=-riai dail.q. i use a and d'art° r ners,z h, for aca-..i"t. t- i as paint:;na ,arc Gacf: =z^.'in : . TR Smmmarr ,Uri,;_ ^ram_._ rs e'Mpri- Ze a =asp matte amca City of Huntington Beach License Food Bank Facility Page 21 of 38 p.I of 3 Project No: PM 105-33 Closed Gothard Landfill 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT 668199 BMP FACT SHEET IC3 Building Maintenance I Properly clearC and dl§pcse of e+quripruent and wastes used znd generated during, O lding rrhm-rt 99aa�e_ OkznInt brushes and tcolscaweredvmi viat6r-based1paints insinks nits `at s p ani',ary sewer zr6n- E uiheG and rranner-f-at ena Ile��iomof-usedi: °.� (e � ;;alrt k nne-t turp xr use _feu.' reqj6lh4 or pry sal . Prs rlhy dis;*--e,rsfwash at+er, s-seepirrgs; and sedimuents. C'rat dump and ^� aiahaneti ,® liquid waste on tlrra`;pa rernnt,rr=mod, drtari u � t drain . 'yTIt- F de re° 6 a , ii paints, sdyents, iurr, r and atfrer rtiaitaii& to the maximum extent praca 4: Ernplar�,+� ;sail er ib and stabrllzad techniques when exposing lam area�,of s6il-. : C=r ne E sa' to. qua: u �+ s = : k:fr � tcr� drain ie ,� ;si a = p2,ement~ art e�te� � temai rust e rein i:.e e .. • Use chern-.ai staff - .a.tion cr q yntheticc to statlizebare mound surf6ce_.; :... Store for i cimatedal un&r w'eT men i in,'u'-seartd during preapifatc rr e dr t d. dKoning, cooling tower, and on,dcn to drains.. - Regularly inspect air eini i c antral u[pt wr°t undef AQMD�perarrit_ SW itCh!to FW04 slrtie'srri is for r antttdr nce when pcsso6le. I'raarir arlri rid sei bt�radaEale rcis pr fasibe, * Cmsld'er _ mq a aturies 34han=xOic�c cacrnc i ear q r ficr rem al'(F 9ar;, ar qnrayr COMPry.And's). lie phernii�,als that Cara-ira rid- • 6u the rmaxim m exerrd pra6cak le Trai ring 9_ Train employees on thuese BAIN, storm water discharge prohibitions, and waswwater discharge 'nr��irsn#s_ 2. Train et playees on proper, spill containment ,and cleanup: Estabilsh nir t prn d err k; e ; pe ook ark oowi e to kmidia, ei'a, beer dean-.r up.a spiil: Ervzure. that ernployees are famiiiw- titii the sites s;iil coratmol plan ardkir prcper spill dea€^up= pr xe; re ._ Fact sh6etl ul a� �w Spill F'reveri ion, and C t of ui derail s_ Establish a regular trairris g ache, train all new empkWees: and conduct annual relreshe€ trarnm„ 4 Use atraining log or similar method to docurnert trairring. Stencil storm drains `vtorm.dian srt:-.n sign actas,l ghl'v visible soup eon r that 3ry t 1ly stenciied Ore h = tab5no City of Huntington Beach License Food Bank Facility Page 22 of 38 p.2 of 3 Project No: PM 105-33 Closed Gothard Landfill EXHIBIT "B199 BMP FACT SHEET IC3 Building Maintenance Refemences �s.lto _tom m ._'. teT'vBeot'M r%-fiefmduss.?a: i 9i% fTi a � iTl � wi r Clot M' agr- rit race '10a ge eit PPar_Ge r'iaryckbock. '''i vt s 'I ,st �' t 'p' :;eri ' { cK.r?` lei:. «_ % .r . ;.,fit . , 'i'! "socvsites Kin County.. a- inwate°v bRut 'n Cexit ui far mil. Eeit Mana46 A Pra r'-es fol B €i v'_uer.. K1.1 ` 7 11?s Surface gib 3,r r # I' '.ent. L 915; , i-�crP : Stommatzer Management Manual for Ifi-p ern 'Alm—h r9tan= Volume ii ` Scu Ccrrtid B!,JE s_ F- -e � by �Ea&h;r.g= State'_'4e i�iment of . 1 y i�"�4�atzr s�tk"� Plm, . c:"". Pubfi rio G s��a. For add''idonall infomaSon corltactn Gounty of Ovangel _ Wawrsheds k4ain 1,1 W� 9554i- � nil �.an _. i - t viup website ar, %vwu.Cc aa,., VeINSAXMT p.3 of 31 City of Huntington Beach License Page 23 of 38 Project No: P A/l 105-3. Food Bank Facility Closed Gothard Landfill 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41, 43 45 47 49 EXHIBIT "132" BVIP FACT SHEET IC9 Outdoor Drainage from Indoor Areas 10- OUTDOOR r. ^ .. INDOOR . .- A.EC*;9I is a tedni ue, measure or s aurziozntrol +at gas c Vora g[.Ln &.-t at wnd r improve the pia.--w of e cr r ,e , uncft :M a cceL e &i ir-- rf anne f _ lie. ^'iilirnun. requiredENFa fcr the actSvt y, ,c =lin in 67; pre,.f �rir iced hci* empire; rreas ures ma; reduce or elimina e the med to r =wit 6#7& mYft -,, �� or 'p. wedures. PrcVer yip: . traininq is lea ;,L success POP €mpierr ni a"ic . e BMN wddir n this facte-e-i target the foil-wir Targeted Constituents °sa:ir'Yrefit X Mitrients ; C� ;: X Crgan.m u Tddcanzz X ReSzdC MINIMUM BEST MANAGEMENTPRACTEES lab LtEze * gist s rcwr EG � y r r vai c.`'iiit-a sir i debris :uSe c: r am *val 6 r% drars Traini ;M !ice . _7'pt. st ww , prr�,°en�cii: pr;:,A v are pe ihc.'Pr a ures zua' t �.wi e- �i f the min.,,,g-!� ��, � �. ng .�aith arc itrrrs : r addricr.al 3VMFG should b`'dared 4:d't s awn`.°s'af zakeG place v -a fao. ,=at near a aterbo j'_ in is -'der to ..m t the require news f - efL iu , and high, pnoffirl Mpilflles*e 1 ars(ope? must select, ir.-:al! an mnnlaini sro na:e OMPs cn site.; Srrce +Re sEI.won of die a —pro aria'„e M -s is a Gig- per. v, - -Cast, J7e y�. and r°:Umbeers cl adcHbrall SmPs will: {. a. r fer Z:aCh f :sty. 1. Deslign,operating areas to minimiza stonna ter enure.. ,Ccm-truct a berm or :n r p; trench 3r 4b3t. r ay„. Insta0acclie.=:iysteM fcr ;, relreatmen-t ana. se iS. r—ai unotr .tM=.c 2- Mlize dry cleanup me o suchas s ping for re all of litter and,dabi-vs, or use of ralps and absorbents for leaks and spil�. -�C1 c€spy +� c lfecrd . Use secondary contain rit or wotective barriers for indoor liquid stye. 4. Install a fire sprinkler confainnient system for haza-doLm mineriai storage, City of Huntington Beach License Food Bank Facility Page 24 of 38 p.I of 2 Project No: PM 105-33 Closed Gothard Landfill 1 3 5 7 9 11 13 15 17 19 21 23 25 27 291 31 33 35 37 39 41 43 45 47 49 EXHIBIT "B299 BNVIP FACT SHEET. IC9 Outdoor Drainage from Indoor Areas TFak in 1; Trainenmplmg ;ont1� i Efilpi, tern-�.watr7r�dischargepirahi6itioraq; and wastr at-srditchirge requEmnert3w 2 , Train erne ysiss on proper wpilll containnisrat imd eaurlup.. • `_aablish aarmiq _p�dGa C-s At=- vc 5ae,s_arJ- imi e b branedia tCegsn car�rsrrq ��a spill-, = u facet p l at? arniti Y+i a it.e's p f "a r- iil^? aMup �re�eeiu� s. a' F zct Sheet IC - dfsce5 W went n and C.-stm depA::. _ 3 . E stabliis�h a regular tra.'!DUQ v�ple. t7a�iaaU new:�mpHo�s amct � duat.alar�eral fdav�i�,r tra hirg:. 4.. Um a training1 ar sirrrilac method' to documant tainii . stanch° iitsyrrm &k-'ry "`Z.?r 63-n 1 m SiqMS aC,- ati?hthlyvh-db!e souk-- -varards €.hat am 'Y idaA ster: iled stir-edl adj.-Ce-7t t si z drn �r_. Imo__ St is a `ND•1= r tpv Draiks t�afaran.. C.af fflia -,i r+rrr v asp. R-�._ Matia eTkEi. Rra e }�dbcx r M c 31 arm scar r is : G03- atff u,�%rih«arr�°�-ia��k=_;ru CuE i-s'3,10 5'r .Na',"Rr Se5i lanagerpen 'P^ 8Caicee V®wfdpd:i R• s^.i it ,i�' 13'S�f1t a'.a. T'''." H.-,FAIo k_ Resc.sr sF'bnr,ngTa{k1=aa . hlat-ch1 . Far additi ,al nlyfamuden condact . ounrty bf gffaL d C, 'n ''a aafn�cia;. -!,a ME -{. �� �q 43� 1� a err ui trJr bs a ai t�safi rfida.,n tU - curLa�s City of Huntington Beach License Food Bank Facility Page 25 of 38 p.2 of 2 Project No: PM 105-33 Closed Gothard Landfill 7 9I 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "133" B1V1P FACT SHEET IC10 Outdoor Loading/Unloading of Materials tGJG. OUTDOOR LOARING11314L DIN OF MATERIALS Beat •Nana&m nt,Prantidea EMps) A P_MP N a L=fir ire;; measure cO s1r+u W_arjci -gat is;. f�+,r � .'fit � :•cif ���stii��� t� i'n�r^,�w� _'�� r�}: of d-e starnwunter rwroff in a c-as s ereonve rnsmme-! .-T _ rryirMr�m. red P''��u'Fs for psis � vim WOE su'tliIL" in �_ o -h ��hr � p E-Jn rMi n of 1pollt.��n P *°ene od house e h rreasu-r,;� r�fiaoe or e� nab the new 'b i mu other :d �o�i�af�di prod�ur r��r����ernplc�F iP��ih� � i*e'p �e WRirrili�� -Tameud C=ifitauifa. �i*rie�^1 or-gtiirm- :Tr�ai Prfhrtddrt ti i _nAaar d �irj-ka _r1rpq ., Pik 4eiriG6 5 si£r �nra 9turing °=.ru yaks pan ae witsincri. + RZAuf 4 of ins TwL, + 1; rldRi e3ifi Yiv e�r1 7_= 3�txu�il5c r. possa = �3tio=t " drs arpe pia 1 t&ns; Find 'W=EWV 3rEYE V, r i� a � .spec.:.,. pr iure= ss�+ to i :e3� ti rrir iu with per; font on '�'r' A s .h: sr�rui wsiadred f ass ��R 3kes ? .� faiaf trati- ns ,z serer tiu as ccb. in or er"°D.meri the r-Rui€- Iamb 'ter r ed0urn ar.dXigirr pn -F a be oii�i ;= •a-7LM,. imifali ai°r� mi a~ i ain z r ME ���Ps'ti�rr �i= Sine sedgy �e`:a�yarcrprr�� s n s, ifs_.. t' s amd rtlran iers of: VdrfsrOl EPAPs wili.yary 45.4 each fadifw. f : PrrDperty+ design actin unlon"ad_rig ame iz.lio pr3vpnt sWrm wa6r runan, nmaff of epf'la, afo: Ike, 3� a_z p-.sf€ nooffi. °o_,ID tbn dico awraN n-cn �he ar'ea Geza_ an ? bemn f-s rea g r at area a &aid rt G' cores a -_-3d,-nt o Tke tram s nke of � shcuA 1 e pari-AL f die i q"! i_ eodi a Wdh y asph ,, aAd c—ement curcl.brr op- e Jts area:. k aid pi ng I1 in lua€l s fnfl as car m dr s_ I Park viihiidss and oc ducf laa&ngihnrui di o 1y€ id deaiol d46*oadinq_ ap-ads ` that ai ilia or leaVka cam be co nbine&d 3. Clean arms ragn laijy wzams nhal-aduii of �-oltt bjnb is inilu s - s 6idi area_ t are r Ultl L-�d b r CM r;ir:errs 6,drer T53tetiL61s. C RWuca-ig ur$,f m'ater_Zabin raid. + Z(VC r J�,a r a m 'uri n areas.: 5: Use drip pana_u.nde'cneadi: hp2a a d 4.. a-ecmne ato nam and ot%sR leak: pu--ne.ap6ts® during[ l*. id9'; traanafer'operarsana. aatd **era ding andhrajkfng ponmac6ans'' i; 3 SL- i m;i ii-al „�JC - Z "rDli��:,`�l'�tS'Y':�.�.' a�7 �19!Si' �31L.'�'- �31 City of Huntington Beach License Food Bank Facility Page 26 of 38 p. l of 21 Project No: PM 105-33 Closed Gothard Landfill 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33'� 35 37 39 41 43 45 47 49 EXHIBIT "BY' BMP )FACT SHEET ICIO Outdoor Loading/Unloading of Materials fi Trrap+��t s�uin5rrxt regal a r ible itr to Cherk unkler &liar fy vyes' w reak-mg fiwds, sps[I Tea`_ mis G_brisa- r Qihe"a lom;Fq . h__b. l�a& 4 ' lcsd3 equipment tszkdati car Am-ak--. T If pass *try cdndbct l tlin and uniaadranp n dry aiil . TraingL t. Tirazin wnpLbyeea on these BNIPs,.stann ° ater i cfi rt p i6ltona, amid waaGx.�wat r di a regerrement . Train imripiloyses on ;proper spill mritaimr4ed and Cleanup_, • h t* g e = ire s = n == th p- begin dlr ar: rq iup a Fitf: w =mu thg rn �s i�'Ea��i�W � t� = ys sDE �f�I_plan �idtaf re sp�� �eaiq Brad c r r ota . 3. Train .e m&yees on thei proper, tachni queem used during ,ti wd tranaim. •avoid same and Train Wk.] ctasdratiara,s�n.the proper lbading and unleading pror;e srres: Ba-blisha-and rduuta€ abt refresher tm"nPr42. t a to -n atg e r filar el Cd docr r ert tr` ing a storm dmLm _ rs r gai t �t m;sigr a�i 3 }ti lil wisib5e 00tylte..ls fat are `" `Isip r tQ st.rr dpa�m�fflle:s- Steryd-Ism si ouilimad'`No Durdp-'7q I7r to Ocean'. arc s 'at _�1 tila 3i ERfi r.E &-me: IH-andlacck,Jr usbia. aivd'ICwwrs°aaL. 303 7A7wzakL mFh Au ks rw-rrx Cdt °ssa'.w-sr r I-�a�agETt rcdriAs_ur;flr otercr Ear Aiars: F'iz e Han-rmk- s Pmmar l by Caren Dee s5SA& Ml(R?_ LOPIV Walk-Ef ASSaia-.:, ='rbre ardl `ice cAot_E e sc so 5t ak € t ,.. etsk F _ hl s 1; ` Ulader. UTbre Rimuff F-C 6�: X HoC-Jwi for oevt -im I ftm f-�rrff ._ smil Ill a tales. F'- ared by �� y or hlcat mr. o an CaNfamiai Coastal Cornrrir�sir�ri �htrr��° der 7 �; 1 l tar ao 9art- _ _ �ymeft_;1`�� Cdarl Fgia�I'1aar i�alih,�trol-o•3 rd. =1( l=9 (jF� i, sadba:rarL3� , ire Ca= o,ra . r�asta, !earnr��sia� 11asFtir'.0 ti4] =r° r efrC,i _aCgy rrl r.61 'ari a'4_QW-14. k1lTs_,.St:: For addi56mal inf-arr miGan aom: ct Mai iff i4 9 t r b' star of i2m Hti tli er: a ;1 a i1L'_ . :visit ouryms-bsb at �r=rrh = ---oM City of Huntington Beach License Food Bank Facility Page 27 of 38 p.2 of 2I Project No: P11105-33 Closed Gothard Landfill 7 9 11 13 15 17 19', 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "134" BMP FACT SHEET IC17 Spill Prevention & Cleanup 1w. SPILL'PREVEIMMN AND CLEANUP Bea-Uhnagsumni Rractim.JS P3)`. ,r��ii� Wit. the sfmrnN °atei rurcif:in a oos' efiWech ma nmeri The r Tz r r�i ed � � fiat i_ : ii uiirr 41l .n Me p Raeritiod." oa3! u!�eiieepmgjmess s erEdUca.c1V 7,s.z r.ase Ana wG S;Em rm ett- e? me y - r a - th _ sum essnr EVE--hplumentptam. h SA.L's M :ors dr+ e dlil i'9isw�v Ta .: Cua-ftwit33- Ean a x. Of 2.Gtease x Grg a�i m & TlOkMrli_ x ;o)qgEm esi g. WN0,01UIiM BEST PwtlMAGEME T P AGMC _.' P rcten fia--.iat �€en r zr mew rmay g n aczass �-.! pm iminsiitai. ftenti- ` K a Spitz �t;o i7ei. DEM UM l MA seO MMS1ia*l"j.:, R:_PQr I" 13cr sgiRF. E� stye Arai,, t� -ni clame t mjfiir= rrs.aru arge! #ireverArm: eft 0c 4e ris,res ,Lr .. ,,.,_, .ar trn .,pMce re f . a dil kcal, ail bra? sf Id 6 a mi_; �aa�f tad p1e st a i t t,� Ir nE-st= a ertS > ate dr. ldn ,rz r tthe.retptr _nts for mell u A i AHrim h-c ides- the owmeMY,"Opelf3ittes r icat � � ail aEtl.mairttai am, ,q1F : g re. Re the seie e �+f Ile approv bie'MRS is all FMCESS1 tP-: t mW"mmbefs di .it.. t'&a1 MPs imill:yzar} gar edcit bctf. : api[I Mmgmf n 9, r3 a'p dnrr s pasa en mibg> to a�mz tb itermArain eptefns. Star dw�izze iapll p-.. ;,c {r r stz e= a_nd d'ispm a:-:, `iaiites, fvila 1_ . post �No :01 r g ` a ign3,.vlr a p°aeons mimber fa i(mp rfing Ma al`dttlnp ii°g grid'dispueal. tn•ai��an�Jlsmair►�e . _ _ ..... _, _ k rtans� weer and l m str v 1P�a_ze at a dEs �'.z" sSEP ' �e � w-sly�� _60dl •�� .: 1� --_ ._, O, fd oT'3v_: lcrmin ate -is m =au raaidraets.;. , Fl drip, past_ rrcwF!d sd . zarm a �� p&ERt a1 aft and J,1i�f.tsecyitsefat#:i cC&c,=s.,L+d= OJ,SVIeii at_sai- Est":reinter is_ t >, " eck be _ la,sadVa + ry rrwi mega' cvrh6=i fmcln taw fbr le-Eks and i,Cs. _ RaWa, bnLm &as e ! c rsr &Yen— i_e'dam . ra in t i bmks h Ed `�.� om-m sled liqods, arjili' "poor^ Capose oftEt�- p.I of 3 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "114" BMP FACT SHEET IC17 Spill Prevention & Cleanup ® is hpa for, a rernai -cwosiom rvi rnnturiai oa=,- 3inEt s sty ral ft1ijr-_. soµlis;and overf ll, dwe cam- P r :"Oure Of p °;gym, '-Et . i isoed unk foundadoms_ conr aib .. coa:� qE, ,ter< i' wk n oRs ami piping system. . 4_ Ptopedy aand h4ndta ckatmic J rrvaner-.44. • :o r6�'* ar:a.4 a =Mars 7na'mrbl i � age -s ?aa that is (1c."�ryer� `�'°;�}'Y �`C"k�f�"iri ��iiJ�iC t'�P>:.�'E'��, 5�_e of::. a- cA5 and IsAs J aos; _. d imp= iwi zas n e ,_ crr `m aid Mils_ • b rh: stars emicaEs.,drow, mr liaggad bm *e oui- -a- -Pi these herns $$ COMM—Mars. • Kew ah4k tiffs �eTGfIg rt l Writ=„itrS t fr av l • e� 4 rararier�a #"£l lu lc6f w;P fC ?ir�tP iP� �'.�. s#Yfi1Er 1w7s81h .: • .fay S]?suu5� r3 :€ii f��:i"PP: ra flrisir �7P.�14si4'e� „Ff�iSrar�,ki5�. s °�Pn�i=rra � pl 11-W. d alwgs t iPsr of ed 1s v rj �ls i �r €s .,wntaimmeni antarm W f quid €i iaierbb- . Surmtwdl sr_rs�gr `Mk- . L'6i k�_emii Sr re!'Et set '11'# y ,ter , Amer d syste m._. • 040o- _ ilm -jue. kerm m .a a.ia • Drain Roids '.ce he.sart.- a seer if zi ai1aVa. ' O N+OT disrf age mush vii iter is sairkary. cr rrtii: nfa ig u.e bca _e.Wes ai i~y 0 FM OUI y p�`"°a�"e� is rem--�I. • F25s ZCOW 43ted -StOf z 'ater irr pet �eum ;tm, aureim nrolAh ar €O*hwmebr e ar&mr s use =tKt basin th.-rafcri iris: . lx_ Protect &i abrirali z~twsd taida from ateursnwater iunia C"sIxud.a'bemr- a-cia the ma a al Sr:.E9 age e.a ta `p-6_wYePfl a Yu Sn' J� { '�a'rlt r3red> ii si z'a J3rd. ]ai a 3Pt 3 7 S rr�+i==-�°ioi� ai s�sr_-r�.adl�} fPdsiu �e rn sePsaoi 7- 7ascure i tirPca stored in ar. area *tiema unmftorLmad, persona rnarr Sain access to pTavent ac, id'enta eP�i a pi€f e, or^afu i aiattrarisr d ubi apin-Gio tal and Cl-aanup"Ac niti £ .. Identiifi key 1pilr;r'Aepomee,ger mosi. 9 adapt24Oran daunt;; H=-rioua a iamb-AreaiPlan orrq i le a wrhkh, iris.aide-a' -a sal -w pl- ad' fa�P * Aa ha;:airdous materbia a^anergencmea. The'pja.O. P1ft uld'. incf wde: • a--znpfcn 0 the fa lily. Dwrter anaddfr- s,wffymes and ch .'TIMS PME{erPt: • F t� map - + a��.aaliar ��id �vua �s_prauedtires s l arr ins sz= • rf1['�sYi of P�_SPfli=i�, �]if7P�i 9 _ c6ah it leaky d><icf --pi imme> ta*fy. • ice vt .ise =sp d&wiwmyaiSrVAefe. '+v ll l�r_ *Odil; a0DESS&IIC `E4.11e T gage ama raam an("-. .3raa , s Uttiti_m V Q1eainir!JML Eih 45 to de -air =spds to MimbT&elhe Use of a._r_ rise -3 'faqJ�nr;. qua ., yarn• inr v flynm! =�iiio acid alert 3..3t=n for1=r waif s. le ' ;fled ::7i ham P" VJ 'i;, 'i£ G C;-E M-3 itrs3�' 'f f 3 Pam' �a ' &' i�]-3f -US Sit& nius . - erit ° a � d f +& ;rW�s. r"C� NOSOQd f a_ Pater ups r�°aa e.. F Py -a af t fs ti~ Clearer er atm cheers mchaae the w_ekr ri-s ski-S. sweeper ar Fi rs: N evvr prt fu ose da Wrydry MM-ria soills. Sweep F ;die in Peal Ind fSpose ar pIMPE-4y. • M— Up Chi $a.05l aezf � ma ab = l ��s , g . 3fid baffis i i=e sdsor Prt ers-� an: sma raifier� an.hc g dom spill. l~uemc a r,ads- rr r a i ais ors arPd diK r Of rFOOP_rlV s J-71.r tar er,s :ls, a,prit+a=e necessary. City of Huntington Beach License Food Bank Facility Page 29 of 38 p.2 of 3 Project No: P:V.I 105-33 Closed Gothard Landfill 7 9 11 13 15 17 19. 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "114" 13MP FACT SHEET IC17 Spill Prevention & Cleanup 1. Repar, apill's 6t iriani d at poaa an iat4 ftj-sac 6 M imnairm health ar tie enviminmienr ail'iacal a ias, suchaa tl a firs dapartrna r.L and the l gibnail : a r Qualftji Gdi Board- 2 . Estibizah a argatgm i`cr tra trto rnir,�d 13L The.a� shaaulld bai grie 10 ldinfw the,, wi n$ ., Tye are quati es in sorr e eases== of _&—_,-s. y - ' _ , .. Ct- ' of it moat- or wart: P"u=fn�,�i-.r�T£'if�"{ti.�r,;-_r'It� i i�,rrr-�E + !0Ae of.d. trco,' an ew' ' c err a'r' it amnpris ' M ---M MD1004 Va --I s.direct I FWa al ragirlationis reIRArellhat any oil spill Tinto a aimWbody ar drnt6 ana adjbining ahomlina he rep el to°tt s'Nwtjrnaf Raii Oudac ld at 8 =� i ur)- � ratnirri�y: I. E i a sr�ipt�yrass about apill'pr(mandon and nlaanP. s dish air +tar. Wradiors i�r �.__ s w �y� ion:, � � r i- a iGMIMSOILte Y �m a dr irr up a spill:= _dam a enrOl `of a iii strr:-zqe ts. W_= rn = Train ail emno.ftyi ups tr ri and caudud ari rimer, triir : i Trairi eii des re narTtr a.'Pf abarai roia� aara Na a ftui trnai ir.gl a• P Y g 30 i4'Prwen'ti um Owitroland Coumterme4surej Plan. Slams ntrnEs digit 3 t a l a' r ?3dl2cen. az t�iaFaBamcas aFib;Fr v SmF.T..kA� 3'zBm T Marumsn.s tRim, !ce Liar, d b ccli 1rlusbOisal affd =_,4'.m rCemia., �a rnsia rir vwzv _-r =as.lfii error . -M-.-CHa�id '-U_ lyd�s-tCr.MMei 91:21 110 M gFK`rMarit. 73c��De Ha k. °r 3rs y. frTP [?=�s�8 �_' r 1-�'��alk� �:_'s a %- U„ e and A tssy _ - . 4 ~ es. 43M11 i` . , s :air °r�� =_cP a = say t rrai t �. r 1 T I as€c F ram- A Hair € � G-bath+ for elc{s Uteri:- un f Froowns tf Sa Afl 1�•=p lire__-: b cir 1 .'- }, �>ig- :� r a C l is i ;L4cni: ay Na dial Mari S tuaw,-A1. tii� of. hicribEirev. &3A+-Ave6 Severnrn is 0��d �i i9�de erd��. r gsr ia€ tii� r aalrty Can al 33,d- July 1 M ('aAmne l Febi�arv, ty the.Uaf ormia Coastal •. s `srniiu�vi Marm]!I b ^�'%°►e_ m r��l�a 'err "., 1. • ii tn4ir'ii ,I'I'� ° . 4tikd�f+..�. ti.+;. it*' -��°r I ''S " ' i r'. .; :lars�iriw�ta.Ar .�i¢�.. leavarir+ra:rrt rr� t ,�"cgy� " rat r �seali., �'r^g _rri, ?iae.awn Nir.'-14. AupsA2001: . . Fcirad&kusal tnFbimpi intact c�u tgi f ra J ay Watarahada: Mai* a'i q!5"'-Owo ;ea- Spit ,gym :nil C==3 City of Huntington Beach License Food Bank Facility Page 30 of 38 IN p.3 of 3 Project No: PM 105-3 Closed Gothard Landfill 11 13 15 17 19 21 23 25 271 29 31 33 35 37 39 41 43 45 47 49 EXHIBTT 66B5" BN P FACT SHEET IC21 Waste Handling & Disposal MI. VVASTE HANDUNi(G'.AND; DISPOSAL Beat 31112919im rt'Fractic ee {ww$'? 13 WRITS a mIfil5d WSZ-721 z to Ia Ueom _ei of c;.mtmarn tD impme :he quziftf c` ft rrmfaer;ffi;rimerf: mirr> mm, mqmed 8N'_'1 ' , b Ni cudimsek m &_ x fl 4rpleRrrMMMMm Cif pc(l 1ain of . �llll1�rrit►�ste BSc•"n��d .� �fiW�fl'c1�Vr �^ics ���rin �inaFeprfid'= .r ,npl�r��.�ti��ke� tra��ii_ s�:yess _ i3s��� irnpler�tlw�a�n: rhe. E Ps.mtEhed im this fzid ehE- t1t T thef1i'''lcming Fol rui: x oil &r f—EUa C_Pamidaes X p.1 of 3 HIMMUMZES7 MANAGEMENT PRACTICES + ": Pr"a!2fi3 'ai5,r� S>Sa is 5 " ? Otnln I'V a fir" ' icm We"= U_eallo aer uctt_ reC' _:hof c r� L mel and shore I ='ff .us �a15t e a in r M-_. iFl sto" . lrahe ..'r, a '=far emp(c, -e u1 these w P''` x, r^ MS:er wan ds! k=1 " �_ €cdc r�s s�cu l d � riiw a=b� 54e 7r`n V!F ny 1 : CC . ums° fcr i wana�i;8 _ ui t sins •a. � c^nsir sa if aili acdxr tr, takes pa 3 ^ a facil cited * se a p. a ;d y. a; r j =- t:,�- r .air Fits tar medha t MU,�x..n tall an d an„ �iri a r ,pc 1tY dui"{,."?^s y cat_-.: :ra he -e9e rtir� t em a rc. CIF m- i s .. _ 5:ama P 11�IP fS if add1ti :1i R.% V' Afl 'ory mi -e7i Prevent wx :raaa_7-_srta!*.traam c*mi mg ir. &TWt mnatact with -ind or rain- anar"agei-emit a fm a: WlEnt-' of_ iflzrva is r. fai l e, �c ai .+ e p7e with i rmpr` iry m. JP n rmz?�nral Bach. as m rued 13 * racier duYrip�*s:t ve-k mai maim Mari, Ta�sKing 6U v ] to matera{s_ 2_ CqM f jn to h-an liryaied d" ! iru t riti! a cy tas r�i�n + Er:_!asl die waste: i-ndllie add p -',l i� a or a ewM WOuM It f ftsi bm E�dg�is olds - i jed kcmd.later Ewr.N fom msH harcVmqmrd Eposml area - I "its hangft aid ddisposai a aa,'tb oohWin spil0d + ?lam dwmpste s ar ��r.:., ae i rr t ._acie�s an an iiri eV i+aus irf .; • 'g a t a b� it Ord aysa ntair pii Inrstali drain =,imew d ,e p im c fadiN` prcces_ vplem, i rd -i3 ...b a14630rov "t� find crat if re +In ---a is regWir '. ra.Wasta'=andi eM11ms2 City of Huntington Beach License Food Bank Facility -start-.r_st.A+saSe.Rinrk�rsv Page 31 of 38 L Project No: PM 105-33 Closed Gothard Landfill 1 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 391 4111 43 45 47 49 EXHIBIT 66B5 77 BMT FACT SHEET IC21 Waste Handling & Disposal 4. Beep eta caIfoot'ionaireas cleam E-j aleslir alum ism haMling 604t5mosai am -as Ose need` -Ram s_iMs ._�=_a+' _ irk, use cr _ ff Wlats�r be aided, Il, � W, ate°r a€�d d i e ir, ties is inn p� r� + o sad.DU NOT Is ar pi i:>r seer I �Iihl ccrr dm SR . a1ftr�-V � -k4 0Ui 7tr_— ,re mired Lf dis= yarne to m seta , s� ' rc ssil d, water a t mk arm S. _: cuusgaiid taatscard t ra- en:notis-use._ 9. E qularay inspect. repair, and6l&teplab*waalii cointiher-3w 7-1i €?o natfia r am nia�iier val9r r. qy 4iddmF'I`rquid. llsa ail of a produdt beforne diiepoa rg of g 'ahf_i x g. Segrevie W-7UPS 1 yV tm I i6 d dSte astq& iv & M M L�u� t u ra. afi!� n r s;irle. ara, • risalre jai i i r a p:� abR =-alit ✓ a- 3d&-d a, sa ad wacW' �r s ie .' eM, irbiraa su as = 3r5i4ri WZ r-=S 3 k r : ?ti 'rid'- aL Ilr .l �. , 5z c d.MY,.. got �i`�'of rg ��ail w�-stE n�in �r-rs_ fdl. Label andl��se� ita�and�u�� �taes,•��ctardiiig t� baaari�pe�e�a�6a3 rirgisiatdio:'. Obt-m -a dmis vr- t'�'W Ihilirait�tl�i� i6r3:3tBa: to i ftem 'r r promcEe use oforiaous atterrta ys_ +. a edu tors lr e r €i urn ,�E,v isbe. gen._rated car I z-r l0khed iGIM13 s cwm wnmIs sum as:: arid SPERLIP-MC119 R a or e2ppfrfem, rr 41. aiit . Raw :Mar�Mlis flat vorSPFT�a6oi • =_ ii5 a m�,e s it s ro. :rr � a�� r =s .rat air ! Vsz,9e_ 7} MaV'' . pr,:�a�ce. Tra ming 1. rain emplboyaias, on theas BILI a..,°: to 'aster dischargs pirdhibibiona, and wastswater diachamg �guiiar�, 2.. Train ikripdopaee in pra"rwraste.handling.;an,d disposal 2. Frain iamplo aes bni proper appill con ,imm-, mt ara'',leanb lhe'�''ai -,00"s erOmst ae _is�al *. _rsuirs tip er-PAd aes -are i'.arriiii-�F with sic- s-,TEPs sprYi r-.ral pla!ri umd' r pry et spi a meamup •` r=sheel IC17 dli1,i.^sees' *1 r_N n :n 3ntii trgl,r dew City of Huntington Beach License Food Bank Facility Page 32 of 38 p.2 of 3 Project tVo: PM 105-33 Closed Gothard Landfill 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35I 37 39 41 43 45 47 49 EXHIBIT "135" BMP FACT SHEET IC21 Waste Handling & Disposal 4.. chi a_r u E:: nirn Teets vr�:al]Irte mp a0 'i1&6ae t-'t4nnwL. Wrepher tpuriia ft mci8 sty rm, d er , ssortm; sAt sf to is siho mad "No ORMS t , t affirm..- .rHm'V2- E-r _4s hlam3s sr n` Fr� hlandb--L lusf�'bl a C=-%m3rL-.vG4;a . 2% 13-3. _�:i,'�'u4hmb 8116 ��%s:r _ h1�.P=7gr9Ti_�:'FE' Uft.�:1:'{� Li�k_L '+�'4is �7�'�assml(atr?'�'�as,���. "acifte. Hmt ? 3mud b ; s� r --�; 'i r ai ssd ems. i.w _ s =t s, »¢; _Fri � � �i& Stared for lrt aslt r� _ r1ar w 1, A, ova ;Guide.bt.De 41mirsz ? arms , it t r � ,; RL—:pUi--d l t Gb t it bm f E .ani�i ' �a t,s i i t > I maEsi gin,; hlorrter , 13 ; M+da ai, Tar Swtcujam As_mdmam le k,vm s Ray.Pmcd..Gramemments. ,central ial'fflaWr gmU. sal ��: Juiy'1' ,'ror -d E=eM6, fy N 1 tf9e CUil mia GoZ_Lal` Fc r addi 1'iri'Drm'nian com dE to 1"�,.a'•.•m r' e visit cup, website af4m City of Huntington Beach License Food Bank Facility Page 33 of 38 p.3 of 3 1 Project No: PAL1105-33 Closed Gothard Landfill 1 3' 5 7' 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49'' EXHIBIT 66B6" BMP FACT SHEET IC24 Wastewater Disposal Guidelines IC2 4=. l POSAL OFWASTEWATER GENERAIED O MOBILE BUSINESSES &OUMMIR A seat MmmgSm81A,F is mPa)! MICES I. Nu Wilts x ymbtE Oill Gre _*fi r. i �N s � i p "� 4�n , of c� . �y € ,rra �d d ' nr ?' CAE Fir ,fls , ba+:i^aini a t �'��� ar E=.1ati�,� Ccmtrd' B mr& to fir, h edf ka e: crf li p ram+ - v �, r t �:t =_mrmiran s N _ R. ref r .; ur; k= aa_.� h3+_. Iona rn �x v_ .a�,er irara ar s'¢§ �p ln& pr swe hvisimma. r'"amr,- b s M -'M S1+ is Jnri�iSS��ssE��>�-Jt}-V��M �R7acn�rsa�� �af G�6.5�'J�i , .T.cai#ie� ': ? r a i b rn gei€ k r ,8 �,1 r ihC- PfEFe > ] ��n h' a� r bEd J you -e +� '. s ragardr and knee 's btu __p+ asp. i9 *.f 'SE ern ag ^+ p.I of 5 EFTA " Frahm; er Da a City of Huntington Beach License Page 34 of 38 Project No: PM 105-33 Food Bank Facility Closed Gothard Landfill 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "116" BMP FACT SHEET IC24 Wastewater Disposal Guidelines A. ,tmm er•bs. ig itNe stmm� &min spbeZ,7rblw ��a'_"��' � �7 —�' iQ41�lr��'t'7�ti'��!`PE:�•7 ,�5gs,t^�=cS':m � ��crc ��.�t�'i�'_���Pfr3#� _�,��_�P ;b,^.T ��uP�°t4�; Es te_ dh,.,.i l W. ., Flr�ls'4 se ,r �' Ahiit and m- Orj; P unite �° �a as rti t� n 3 s� scrh= j try pis i' ►,I3vi pftq h crypH. rk: € use L.= e sev-,E g Mi acid s.-ains cu' sta rm 'Am- • Ellc�aw _A ide : fie wain:s -ar cotdi b3_ins vsbrg sapbs��., �,��, rs.�b� MISg trmbiz.deb?is irt-- -eta; -2ct aamf �em. La a- tm dop9smil. ft in l�d� r. � ,., s � yr a al Op wit vAll be ws�'_ Mgt' effier ^lea aim dssc� n to iiidscaoil � 0'the sar e?^fob W9 ? a n#a91r•iwnt'Ir ��wl li.M be -FNub"a5Trr3�'�7E�f's"R'111ectim:7 Yp'PSliC .i�lbm '�pr ���rc�G mom- _ ad ua ;�• i= + so: ai the ri:. a r ��� � _:.fl�r�r i��t; �� � � ��, _�. _��r€, ��€�' L� -�Ali tote: ilF v� i^ _ngi � SME-5ses 'hcmI@I 6 Crib Cf the tG. a�,r,��,r,�a � w 's ' 7n m s,p t � >3X_ vae �^l=lvied Jai -..- :t aint enl zmem, �- k- m id t tea° r�Zr f_ ar _y t eo �>s:r` R i _ �� r. matq sqiam ped' lfih bertt°sue f , �, s a _r fi n sami :=mg int., =tsiut drain "Kets r �€ a -off s�__; Umm-31'= that aan W t-4fix 'blrfm--- ��°a i a. i2r t iFf 9a -� aS flFiten MZ 13as u.U5 It rrL= seol agh x"l�€ t-the Rdir a ^"t:i4lki W;i'Su ka ter am p.-S W'nde-1 or fiveN uhl _ -eri! s. Wb tin past � ,T st alien Kies ' � g" Er cs:nta r to U?may rr r w �n 4 tlf7tEiiP9� IS„cif �ifi"a'a,5a_X•f e� Mrfl� • rl n t9 the --a Imp„ aff q• rseczxsary ;n asp r, :yam'era : ma > F_im_,= ; d 5i:� M 3 NFI _dry VU-199m -__ a Sum pimp: A riz Arai basim iron? u#tirh ;� un ,..an a1s0. bt: 7. "Up by City of Huntington Beach License Food Bank Facility Page 35 of 38 p.2 of 5 Project No: PM 105-33 Closed Gothard Landfill 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT 66136" BMP FACT SHEET IC24 Wastewater Disposal Guidelines stmilmary OF F ofe vermaitaii. ,.u1e3MMMENsi EFS-3-c; MIR he zemsiint- Sams unit imp s�sterr,5 maw be Lased to main waisti;-nwater and ii,reft d f3' a SolvEnq.t3i',l * ormm �31 3� eta c-flecfan _=stEms<zr-- also ava&Aie �r p�_;ff ���tir �h�", tRs �at� a m purable -twatshr pii- -o self-cohr fmed viatet r'sc' ing=vstEim i A Ws; of om paniiss.'sp-l^mq,this, e aaf;e mefliit Can tseiall be f,�Jm W e-. 11me ho Tma .' Wd am i . _tmbr_�sem earl be tr .&'e Qt "team _rani= -able ari ier si.b.as 3 hm?a g-�-t it virrjl xN p� r�$� H41- Jim '3.'-J'r'sar-d ': ilslim also l a "Houp rv;nrtme dzil ee diyrs: _ li:l i""g s°°tmfrmmr3 mth iba=_um rle ,��i;rizt- afa �. pmi sir't p �r plie9 am . , as _ MEJ%-A ,T-. "M m4it lmi=ss :art ssl; $Ssitu��d'b � "= r i�nm a -p; l li is ; r9 en=a m € pi r iit ass_ "rr'la_;�,^a_ rrl. sr did l =; me4 w7-si --mLrt �1�---vig 'di � sic F l it_'g_ t Y: 661M.& Jite `oc31 a umm' 'lit`3 E yr more r ima—.9n. , Z Waaf a r Dimpo al Options How carp I d apt3*9 01"My t, tef'? Wastev'atef;is mot crstrkindso3mim,' or a siltip r�ser;, at rt m� be ` 'Up 3t dem -s-A of bar a ma's -Mad r. ?NIBSE r . m , r 1f_ s u _ UM3602 or he ,pes. and aF� fis n -dhe �te�� �: er !�r� am' }�i may a ' _�� ester lr� �e ocry meld od C'Mmse. me of St tree asmWa r dJSWM.9i CMPEs liStEd belo"fm:'i M:.A Gmr.tiom #_ ffischaraa ast ats-rtv.a Undscaped Area �_ .ram �."a�r_ rrr�"�t r€i�-mot: ilsm folis��q ir�,rr� if disat�g =1-t:be _.,sd �.�..f i� rlsrr arrse; 3�+,� r�s ass.. 'dr. test _vps •��_ ���r�im=��f�';h�d r rrl��,1:�=g� ��li�r°� v� x�.���ar r cm�gr�aser-, Solid T vise-oYs Poa.bMts, in 3a7msS is:51` d ER."fw-:. etrea' m �ii: r yiher pr w-..,--i of-Trdhey -,31 pail U^N n: i 1e=.r-to+. _ Jrmb o wash m you must exeratse- m}-. re 3-comakie meartsJo s�rrm;ata mile vz Airaes or- ::o rrtra oias e bo It t d p^ it3ri _ m m m n ;�lirn cs�3' �I rr P.�:ls ar pc ,u�r_`:=.< . i ode, t ;4r1 ti=i t of a Kor wit a s a rillr semt dr°i=s ir,m',f! 6 a'tr_ or l6c mrt, aid osimm 4f the s rb�?It frur-014-mi,Fig4oad 3r arE3e,.a'az-hC.`1e imd< ;iJiid gs w" '-&,3d- cr mei -ix�y4med paint tip a not be dische'id to lav; � na p.3 of 5 City of Huntington Beach License Page 36 of 38 Project No: PAII 103-33 Food Bank Facility Closed Gothard Landfill 1. 3� 51 7 9 I 11 13 15 17 19 211 23 25 27 29 31 33 35 37 39 41 43 45 47 49 EXHIBIT "136" p.4 of 5 BM P FACT SHEET IC24 Wastewater Disposal Guidelines r� zik -e - zste ^:.L r 1 is,4411 combine -di Ehin the bmdscaped,area and M1.hudy inrl'y3�' utiln. it 6 t rat rt6 the aniUrt Seve T� raZ F`. ?F masCo7ziV th3;in.F�?Ef zrraler .e ekk rw fR6-5t5:e 1e ftrf '14-VF 1,16VC) « rph er�-be is be trm -e an e&cbme CIF Pa. AAW CT Ti 3 .. i r vmfity Quin f. i the lboal _arr.a�. sr<�� left dlscharpe, Tin, �s and Pr E mii m'arp t.c antes or tdnzem.tm , a F"mm r thal My Gm--�v.e a firs 0-Y �Y s. d?7ht .aa7La s, > i {`.. ti uL4 :,� 5 "�s 49 �'f �1 :%� llnt ail': r.nrrl tiq �i,I bf.srSr� c,f ,ear. ate, Fear ? 3s`i#rt G'1.i:f71 t�6 P1E �e soAl«� f71P -b -1 7F BY7 'UMeS U cv r�r tii of s sa�s4.pf utt Campo € methkta, m6ude be p1mementa JO!2arvemt to,zdsC 4s POO fit, 47t,11eesimadie ab t, amdtspozimA of d stx ark'' p * clef v� �� mar ics dam. m : ss�,t`T ag-gym s ■ it r the r miva t it a meta 15, fibE a: Ulf at*ter srasp��#s� sr �_ « It r 1��ls =:. asl aFt urs r�rtr yrs.o{ t t 6ibc i ctr Ic.,-. sar._.+0�1. 1 `;fis;;i no m Cf -r-a it:-waE-ar-y ffm tt = hemiral APE &irnerAt.br - �i dorm—: `b the saM'Awy sswee rr # f 4s as t z uts _.&'-- �z=r r irterr s` a,�a�r� yes; `_rrl rfi .. ;are �s€ ail M4 ,r° driah at acme ?'s m7er g and Wit_ lib? d._5 mlvb-33-,", fti 6m ]mmint YAP Ub]ime a , approve is argv ld su& a°_,, hii9ed derrammi. 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Far addsftria:�l irdbrmaton ,::bmact ma i- Ci$) 95 -GMfl; 24 NA -SPOIL City of Huntington Beach License Food Bank Facility Page 38 of 38 `p.5 of 5 Project No: PAII 105-33 Closed Gothard Landfill A- %-,vty of Huntington Beach. 2000 MAIN STRE . HUNTINGTON BEACH, CALIFORNIA 92648 0: �714) 536-5575 F: (7114) 536-5233 C11'Y V1AN,ik(,ER'S OFFICE January 23, 21013 Carol Sneary Beach Cities interfaith Services, Inc. 525 Main Street Huntington Beach, GA 92649 Re: Sixty (60)-day Notice to Vacate the premises located at 5.25 Main Stre-e't, Huntington Beach, California This letter serves as a sixty (60)-day Notice to Vacat the premises locat d at 525 Le Main Street, Huntington Beach, California. Pursuant to the provisions of Condition 2 of the Facility Use Agreer-nent dated April 26, 1989, stating "The City shall be allowed W give a 30-day notice to vacate the premise." The City of Huntington Bead has elected to terminate said Use Agreement and Beach Cities Interfaith Services, Inc. is hereby required to quit and deliver up possession of the pr--mises or, or before Mardh 29, 2013. If you have any questions regarding this notice, please contact Luis Gomez, Real Property Agent, at (714) 536-5544, 0 %.,fly CC] Bob Hall., Assistant City Manager Stephanie. Beverage, Director of Library Services Keilee Fritzal ' Deputy Director of Economic Development Luis Gomez, Real Property Agent Lu. /s 6. Dept. ID ED 13-01-Page 1 of 2 Meeting Date: 1/22/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1/22/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Assistant City Manager Stephanie Beverage, Director of Library Services SUBJECT: Approve termination of Facility Use Agreement between the City of Huntington Beach and Beach Cities Interfaith Services, Inc. (BCIS); authorize the City to be Co -Applicant for Permit Application; and, authorize the City Manager to effectuate agreements for usage of property located at 18131 Gothard Street Statement of Issue: City Council is asked to approve termination of the Facility Use Agreement between the City of Huntington Beach and Beach Cities Interfaith Services, Inc. (BCIS). Financial Impact: Termination of the Agreement will result in a loss of $1,800 annual lease revenue. Recommended Action: A) Direct the City Manager to issue a Letter of Termination of the Facility Use Agreement between the City of Huntington Beach and Beach Cities Interfaith Services, Inc for the use of a portion of the Main Street Library Facility with a 60-Day Notice to Vacate; and, B) Approve the Economic Development Department as a Co -Applicant for the Beach Cities Interfaith Services, Inc. Distribution Services Permit Application proposed at the former Job Center site. This will reduce the BCIS City permit fees by an estimated $11,444; and, C) Authorize the City Manager to effectuate a License Agreement between the County of Orange (Licensor) and City of Huntington Beach (Licensee) for the use of the property located at 18131 Gothard Street (former Job Center site); and, D) Authorize the City Manager to effectuate a Sublicense Agreement between the City of Huntington Beach (Licensee) and the Beach Cities Interfaith Services, Inc. (Sublicensee) for the use of the property located at 18131 Gothard Street (former Job Center site). Alternative Action(s): Do not approve the termination, co -application, license agreement or sublicense agreement and direct staff accordingly. HB -43- Item 4. - I Dept. ID ED 13-01-Page 2 of 2 Meeting Date: 1/22/2013 Analysis: City Council is asked to approve the termination of a Facility Use Agreement between the City of Huntington Beach and Beach Cities Interfaith Services, Inc. (BCIS) for the use of a portion of the Main Street Library. If approved, staff will issue a Letter of Termination, with a 60-Day Notice to Vacate to BCIS. In 1989, the City granted Episcopal Services Alliance (ESA) a Facility Use Agreement to utilize a portion of the Main Street Library to provide food and various referral services to needy families and individuals. In 2005, BCIS assumed the responsibilities of ESA and has since operated the facility. BCIS is an independent 501(c)(3) non-profit organization. The organization is supported by various local churches and volunteers. Since its inception, the BCIS operation has grown, to where the use is now incompatible with the space provided by the City. In 2012 alone, Main Street Library staff has dealt with over 35 incidents involving clients and/or customers of Beach Cities Interfaith Services. Individuals have aggressively confronted library staff on many occasions, violating library policy and regularly requiring intervention from the Police Department. Individuals have damaged property (breaking glass, damaging fixtures in the restrooms, etc.), been publicly intoxicated, disrobed in the Library and regularly disrupted the regular and safe use of the Library by local residents. Though the BCIS staff has been cooperative and work with the library, many of their customers have been disruptive or have engaged in illegal activities that have threatened the safety of library staff and customers. Over the past several months, staff and BCIS have worked to secure an alternative facility location. Staff and BCIS have identified the former Job Center site located at 18131 Gothard Street as a viable alternative. This site is owned by the County of Orange. Staff is working with the County of Orange to process a license agreement between the City of Huntington Beach and the County of Orange to allow the BCIS facility at the Job Center site. Staff anticipates a County license agreement will be finalized by March 2013. The City will enter into a Sublicense Agreement with BCIS following approval of the County License Agreement. On December 6, 2012, BCIS submitted a permit application to the Planning Department to allow the relocation of its Main Street facility to the former Job Center site. BCIS has requested that the City be a co -applicant. By being co -applicant on the project, the City would not collect the normal permit application fees estimated at $11,444. Staff recommends approval of the termination of the Facility Use Agreement and co -application with BCIS for the proposed facility at the County owned site. Environmental Status: The Planning Department is currently reviewing the proposed project. Strategic Plan Goal: Enhance economic development Attachment(s): NONE Item 4. - 2 HB -44- Es pa rza, Patty From: Elaine Meigs [elainemeigs@socal.rr.com] Sent: Tuesday, January 22, 2013 11:03 AM To: Esparza, Patty Subject: Supplemental Communications Attachments: City process timeline 1-16 pm (2).pdf; Beach Cities Interfaith Services.docx Hello... Attached you will find two 1-page documents that Beach Cities Interfaith Services would like included in the Supplemental Communications for tonight's City Council meeting. They are in regard to Item #4 of the consent agenda. Thank you so much. Elaine Meigs 714-968-5925 ,SUPPLE EN1CA COMMUNICATION Meeong pate: Agenda Item No Beach Cities Interfaith Services, Inc. County/City Processes This chart is intended to reflect document submissions, reviews and highly significant meetings with city and/or county staff and BCIS project team representatives. In addition to the noted meetings staff and BCIS representatives have met numerous times, in person and telephonically on various aspects of the project. Abbreviations: DAT = Development Assistance Team CUP/DRB = Conditional Use Permit/Design Review Board JAN 9: APR 30: AUG 8: NOV 5: BCIS & Estimated Review BCIS & city License / review Sub - Draft Deal County Point Ltr teams County License License execution from meet draft date County I` Qtr 2012 2nd Qtr 2012 3rd Qtr 2012 4`h Qtr 2012 10Orr 2013 2nd Qtr 2013 MAY 9: AUG 9: JAN 31: APR 3: I� DAT 2nd DAT DEC 6: Correct Project Meeting Meeting CUP/DRB CUP/DRB Narrative Submission to HB to HB Planning Correcting CUP/DRB M Incorporate DAT Comments Concept i Plan to HB JAN 7: 1 corporate DAT Comments HB Issues notice for corrections to CUP/DRB Submission Ongoing Dialogue with City Staff 1/15/2013 Beach Cities Interfaith Services Fact Sheet/Services Delivered Statistics for 2012: 2,370 households provided with groceries 6,864 individuals provided with groceries 312 households provided with utility assistance ($27,045 in aid) 280 individuals given DMV assistance (driver's license/ID cards, etc.) 60 individuals given assistance with prescriptions ($4 - $400 each) 5,476 lunch sacks handed out to homeless individuals In addition, our clients received help in acquiring: Rent money Bus passes Mail box services Birth certificates Notary services Car repair Storage for belongings Credit checks Smog certificates School registration Textbooks In total, B.C.I.S. provided groceries to more than 15,000 persons in 2012, the majority of whom live within the boundaries of Huntington Beach. And all of this done with an all volunteer staff and with limited daytime hours. We are funded through individual donations and support from churches throughout Huntington Beach and Fountain Valley. Esparza, Pa From: Stephenson, Johanna Sent: Tuesday, January 22, 20C3:27 PM To: City Clerk's Office Subject: FW: BCIS Food Distribut Center at Main Street Library Attachments: Library Photos_8.jpg; Library Photos_6.jpg; Library Photos_l.jpg; Library Photos_4.jpg; Library Photos_3.jpg; Library Photos_2.jpg; Library Photos_7.jpg; Library Photos_5.jpg This just came in to the council Johanna Stephenson / Executive Assistant / Johanna.ser)henson@surfcity-hb.orq / Direct: 714.536.5575 / fax: 714.536.5233 From: Kim Kramer [mailto:Kim@e-mailcom.com] Sent: Tuesday, January 22, 2013 3:24 PM To: CITY COUNCIL Subject: BCIS Food Distribution Center at Main Street Library Hello City Council Members, In preparation for tonight's City Council meeting, Agenda Item #4, please allow me to share with you some facts about the BCIS Food Distribution Center. 1) The BCIS is open Tuesday, Wednesday, Thursday and Friday from 10am to 1 pm; that's 3 hours a day, four days a week. 2) During those days, BCIS clients begin camping out at 5:30 - 6:00 am and they hang out at Triangle Park all day until dark. 3) On the days that the BCIS is closed, even on the most beautiful sunny days, the park is empty of BCIS clients. 4) The nature of the BCIS clients creates a very unsafe environment for HB residents and visitors in close proximity to the library and park. 5) During 2012, there were 70 official police calls to the library and park which an average of one every five calendar days. These calls range from illegal sex with a minor, property damage, vandalism, drunk in public, narcotics activity, suspicious vehicle, suspicious person, disturbing the peace, and more. Of course this does not include many more offenses such as public urination and defecation; the latter requiring the City's Hazmat team to clean up for which we the taxpayers foot the bill. Below are typical photos of our park during BCIS operating hours Thank you. 1 L � Il n . i c q a �,� w�' �,� �r 9� °fir ,°d,. � ` Wu4�la m ._ ':... � Yi�is�� � �� .,,� � •,. � } r� �� �`,�.:.. „.,�. a...r,..�..� �.• ; �s wta g: � mr. ��' m�y��9� � � °, � � � � _ �. .' �` _ �MMIiIMwiw§ 2 0 a t x 1 p 1 r ' es a., tlWA1N1Y. �� ' K I�. 3 f e �.iy't�r I�' ♦ �`v.' .':; ';� :4..; 2. ^1 -"rw Yf N �. ( ]7'". � f s*Yav �`1'�'r ��e �] ♦y. _.ryt��"'+Ur.. �T ) y.:. y p , Ou ':c..., ILrig Ik log it fl Li A19 ��I�i �, _ � � ' r�,���i 'i�:�'