HomeMy WebLinkAboutMonroe Pacific Wholesale Nursery - 2005-07-18 (2)(11) July 18, 2005 - Council/Agency Agenda - Page 11
E-3. (City Council) Accept the State of California Standard Agreement of a Department
of Boating and Waterways Grant for $23,000 for Replacement of Boat Pumpout/Dump
Station Facility at the Warner Public Dock in Huntington Harbour (600.20) — 1. Accept the
grant award of $23,000 from the Department of Boating and Waterways for replacement of the
boat pumpout/dump station facility in Huntington Harbour; and 2. Authorize transfer of $23,000
from the designated grant fund into Beach Maintenance Account No. 10045206.64570 after said
funds have been reimbursed by the State Department of Boating and Waterways. Submitted by
the Community Services Director. Funding Source: New grant revenue not anticipated in the
original budget.
Approved 7 — 0
E-4.(CityCounci�AWK9ve Lease Agreement between Rex and Larry Gilmore, DBA
� -Monroe Pacific Wholesale Nurse California Partnership and the City of Huntington
�-Beac ate iohf0449 as Adams Avenue at the Santa Ana River) (600.10) —
Approve the Lease Between the City of Huntington Beach and Rex Gilmore and Larry Gilmore,
DBA Monroe Pacific Wholesale Nursery and authorize the Mayor and the City Clerk to execute
the lease. Submitted by the Acting Economic Development Director. Funding Source: Not
Applicable.
Postponed to a date uncertain. (�s Ab�T �9,v�°.eo ✓� lv/9�dao 6�
E-5. (City Council) Execute Professional Services Contract with Tatum CIO Partners,
LLP for Information Services (IS) Master Plan Project (600.10) — Approve and authorize
execution by the Mayor and City Clerk of the Professional Services Contract Between the City
of Huntington Beach and Tatum CIO Partners, LLP for Conducting an Information Services
Assessment and Development of an Information Services Master Plan. Submitted by the Acting
Information Services Director. Funding Source: Current funding for this contract is available in
the FY 04/05 budget in Business Unit 10042101.69365.
Postponed to a date uncertain.
E-6. (City Council) Adopt Resolution 2005-45 for Capital Improvement Programs for the
Years 2005/2006 through 2011/2012 for Compliance with Measure M and Proposition 111
Requirements (320.40) — Adopt Resolution No. 2005-45 - "A Resolution of the City Council of
the City of Huntington Beach Adopting Capital Improvement Programs for the Years 200512006
through 201112012 for Compliance with Measure M and Proposition 111 Requirements.
Submitted by the Acting Public Works Director. Funding Source: No funding is required for the
resolution. Annual Measure M turnback allocation is approximately $2 million.
Adopted 7 — 0
E-7. (City Council) Continued from July 5, 2005 - Approve Final Tract Map Number
16406 - The Strand at Downtown Huntington Beach 1 Lot Subdivision (Located at blocks
104 and 105 Bounded by Pacific Coast Highway, Sixth Street, Walnut Avenue and the
alley between Fifth Street and Main Street) —Approve Subdivision Agreement between
the City and CIM/Huntington, LLC (420.60) - 1. Approve Final Tract Map No. 16406 and
accept the offer of dedication, improvements, and bonds pursuant to findings and requirements
(ATTACHMENT NO. 1); and 2. Approve the Subdivision Agreement By and Between the City of
Huntington Beach and CIM/Huntington, LLC for Tract No. 16406 and authorize execution by the
Mayor and City Clerk. (ATTACHMENT NO. 6). Attachment No. 1 — Findings for Acceptance
of Final Map (1) Final Tract Map No. 16406 is in conformance with the California Subdivision
Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No.
Council/Agency Meeting Held: "
Deferred/Continued to:- J,
❑ Approved ❑ Conditionally Approved ❑ Denied ity ler s Si ature
Council Meeting Date: 7/18/2005 Departm W Number: ED 05-07
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
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SUBMITTED TO: HONORABLE MAYOR CITY COUN MB --
SUBMITTED BY: ENELOPE CULBRETH-GRAFT, Ci`f M TRATOR
PREPARED BY: ROBERT F. BEA EY, TING ECO OMIC DEVELOPMENT
DIRECTOR �/=
s
SUBJECT: APPROVE LEASE AGREEMENT FOR MONROE PACIFIC
WHOLESALE NURSERY
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should City Council approve a Lease Agreement between Rex and
Larry Gilmore, DBA Monroe Pacific Wholesale Nursery, a California partnership and the
City?
Funding Source: Not applicable.
Recommended Action: Motion to:
1. Approve the Lease between the City of Huntington Beach and Rex & Larry Gilmore,
DBA Monroe Pacific Wholesale Nursery and authorize the Mayor and the City Clerk to
execute the lease.
Alternative Action(s):
1. Do not approve the lease with Rex & Larry Gilmore, DBA Monroe Pacific Wholesale
Nursery, or
2. Approve the lease with Rex & Larry Gilmore, DBA Monroe Pacific Wholesale Nursery
using different terms.
REQUEST FOR ACTION
MEETING DATE: 7/18/2005 DEPARTMENT ID NUMBER:ED 05-07
Analysis: The subject site is located off Adams Avenue at the Santa Ana River and has
been under lease to Rex & Larry Gilmore, DBA Monroe Pacific Wholesale Nursery, or their
predecessors since September 1991. Upon expiration of the prior lease, the City and the
Gilmores reached agreement as to renewal terms.
The new lease consolidated the prior lease area and an added area for a combined area of
approximately four acres. The new lease was prepared by the City Attorney, approved as to
form and subsequently executed by Rex & Larry Gilmore in June 2005.
Prior to having the new lease approved by the City Council, in 2003, issues arose over
compliance with new water quality requirements and the providing of the necessary
insurance per Risk Management policies. It was determined that City Council approval
should be deferred until these issues were addressed. However, the tenant has been
operating under the new lease terms since that time, including paying the new rent.
The lease provides for a fixed term from October 1, 2002, to September 30, 2007, with two,
five-year extension options. The rent is established at $1600 per month with an annual
escalation.
Environmental Status: Not Applicable
Attachment(s):
G:\Mike\Monroe Pacific Wholesale Nursery RCA Lease Approval.doc .2.
6/30/2005 8:45 AM
Lease Agreement
LEASE BETWEEN
THE CITY OF HUNTINGTON BEACH
AND REX GILMORE AND LARRY GILMORE, dba
MONROE PACIFIC WHOLESALE NURSERY
THIS Lease (the "Lease") is made and entered �/ into effective
2005 by and between the CITY OF HUNTJNGTON BEACH, a
municipal corporation of the State of California ("City") and REXLMORE AND LARRY
GILMORE, dba MONROE PACIFIC WHOLESALE NURSEW, a California partnership
("Lessee"). �t
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WHEREAS, City wishes to lease certain real p r erty (the "Property"), consisting of
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approximately four (4) acres located at 10449 East Adams Avenue, as depicted in Exhibit A,
attached hereto and incorporated herein by this ref ence;
Lessee desires to operate the Monro Pacific Wholesale Nursery ("Nursery) on the
Property; lease the Property in the manner t forth below.
NOW, THEREFORE, the part%i covenant and agree as follows:
SECTION 1. SUPERSEDIptfG OF PRIOR LEASE
This Le/TIME
s de and replace any existing lease agreement(s) for the Property
currently entereetween the parties and all supplemental agreement(s) entered into
by and betweenarding the existing lease agreement(s).
SECTIOESSENCE
Time shssence of this Lease and each and all of its terms, covenants or
conditions in#hich performance is a factor.
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SECTION 3. CONDITION OF PROPERTY
The taking of possession of the Property by Lessee shall, in its constitute
acknowledgement that the Property, and any facilities, structures, improve nts or buildings
presently located on the Property, (hereinafter collectively referred to as e "Facilities") are in
good and tentantable condition. Upon taking possession of the Proper, Lessee agrees to accept
the Property and Facilities, "as is", and agrees that the City shall/not be obligated to make any
alterations, additions or betterments thereto.
SECTION 4. RESERVATIONS ENCUMBRAN ES AND RIGHTS -OF -WAY
(a) City expressly reserves all natural y6sources in, on, or under the Property,
including, without limitation, oily'' coal, natural gas and other hydrocarbons,
minerals, aggregates, timber a9d other geothermal resources, as well as the right
to grant leases or other contactual arrangements in and over the Property for the
extraction of such natural' resources. However, such leasing or other arrangement
shall be neither incosistent nor incompatible with the rights or privileges of
Lessee under this
(b) City expressly preserves a right to enter upon the Property with as much advance
written, verl I or electronic notice as possible to Lessee for any reason associated
with pubVc health, safety or welfare, or for the protection of life, limb or property.
In all ether cases unless otherwise specifically set forth herein, City reserves the
for such entry but City shall give Lessee at least twenty-four (24) hours
vane written, verbal or electronic notice. City shall have a right of reasonable
access to the Property across Lessee owned, controlled or occupied lands adjacent
to the Property, if any, for any purpose associated with this Lease.
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(c) City expressly reserves the right to lease, convey, or encumber tie Property, in
whole or in part, for any purpose not inconsistent or incompatible with the rights
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or privileges of Lessee under this Lease. In addition, Lessee agrees to subordinate
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the Lease to any existing or future City financing regarding the Property or any
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portion thereof. Lessee also agrees to cooperate ja ld provide any documentation
necessary for City to obtain any such financing`'
(d) This Lease is subject to pre-existing 6ntracts, leases, licenses, easements,
encumbrances and claims affecting thq Property and it is made without warranty
by City of title, condition or fitness,of the land for the stated or intended use.
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SECTION 5. TERM
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The term of this Lease is five (5) yers, commencing on October 1, 2002, and shall end at
11:59 p.m. on September 30, 2007, u 'less extended, or sooner terminated, as provided for
herein.
SECTION 6. RENT
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Lessee agrees to pay to/City as rent ("Rent") for the use and occupancy of the Property
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$1,600.00 per month payabe in advance on or before the 1st of each month during the Lease
Term. Lessee shall pay re t to the City at the City Treasurer's office, P. O. Box 711, Huntington
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Beach, California 9264�1 or at such other place or places as City may from time to time designate
by written notice de vered to Lessee in the manner set forth in the "Notices" Section of this
Lease Agreement./l
SECTIONN 7. RENT ESCALATOR
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Rent shall be subject to an annual escalator beginning on October 1, 2003 such that each
year of the Lease term and any authorized extensions in accordance with Section 11 authorized
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by the "Term" Section above such that the Rent will be increased by the percent ge increase
which occurred in the Consumer Price Index as published by the United States Department of
Labor Statistics for all consumers for the Los Angeles, Anaheim, Riverside Metropolitan
Statistical Area during the preceding twelve (12) month period, or 5 % whichever is greater.
SECTION 8. ADDITIONS, ALTERATIONS AND REMOVAL
(a) No modifications, alterations or additions to „ the Property, including, without
limitation, construction of Improvement. or changes to structural design,
landscape design, or interior or exteriop'furnishings, shall be constructed or made
by Lessee without Lessee first obtaining the prior written approval of City, which
will not be unreasonably withheld.
(b) Except as provided under' this Lease, no alteration or removal of existing
Facilities on or natural fie/ atures of the Property shall be undertaken without Lessee
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first obtaining the prior written approval of City.
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(c) Lessee's obli9 on to obtain City's prior written approval is separate and
independent° of Lessee's obligation to obtain any permits from City, such as,
without limitation, a building permit.
SECTION 9/ CITY'S CONTRACT ADMINISTRATOR
City's Director of Economic Development, or his or her designee, shall be City's
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Contract Administrator for this Lease with the authority to act on behalf of City for the purposes
of this Lease, and all City approvals and notices required to be given herein to City shall be so
directed and addressed.
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SECTION 10. LATE CHARGE AND PENALTY
If the Rent is not received by the City Treasurer by the l Oth of each month/tor which the
Rent is being paid, or the next business day if the 1 Oth day falls on a weekend 9F holiday, Lessee
shall pay the following late charge and penalty: (1) a late charge of ten ppfrcent (10%) shall be
applied to any outstanding balance after any payment hereunder is dug/but unpaid; and (2) one
and a half percent (1 %2%) penalty per month shall be added for each month the Rent is due but
unpaid. With respect to any other payments required by Lessee/a one and a half percent (1 '/2%)
penalty per month shall be added for each month such pay*nt hereunder is due but unpaid.
SECTION 11. EXTENSION
This Lease Agreement may be extended foyup to two separate successive terms of five
(5) years each, with each five (5) year term
Written notice of Lessee's request to
ing on the expiration of the prior term.
each term must be provided to the Director of
Economic Development of City for appy6val no fewer than six (6) months prior to the expiration
of the then current Lease term, or tension thereof. The Director of Economic Development
will decide whether Lessee's req)dest for each extension will be granted or denied, and will notify
Lessee of his decision no Iger than 45 days after receiving the request for extension. If the
request for an extension i§/denied, this Lease will automatically terminate at the end of its current
term. If the request fgf an extension is granted, this Lease will automatically be extended for an
additional five vear/beriod.
12. TERMINATION
This IYease Agreement may be terminated by either party without cause on ninety (90)
days written notice delivered to the other party to this Lease Agreement in the manner set forth
in the "Notices" Section of this Lease Agreement.
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SECTION 13. REMOVAL OF FACILITIES UPON TERMINATION
Except as otherwise set forth in Section 53 herein, upon termination ofAis Lease, Lessee
will remove all Facilities on the Property and restore the Property to its nafural condition to the
satisfaction of, and at no cost to, the City.
SECTION 14. INDEMNIFICATION
Lessee hereby agrees to protect, defend, indemnify and,hold harmless City, its officers,
elected or appointed officials, employees, agents and volunteers from and against any and all
claims, damages, losses, expenses, judgments, demanc-s and defense costs (including, without
limitation, costs and fees of litigation (including arbitration) of every nature or liability of any
kind or nature) arising out of or in connection With (1) the use or occupancy of the Property or
Facilities by Lessee, its officers, employees,,6r agents, or (2) the death or injury of any person or
the damage to property caused by a conc)Aion of the Property, (3) operation of the Nursery; or (4)
the death or injury of any person or/the damage to property caused by any act or omission of
Lessee, its officers, employees oyagents, or (5) any failure by Lessee to keep the Property in a
safe condition, or (6) Lessee',' (or Lessee's agents and/or sublessees, if any) performance of this
Lease or its failure to coply with any of its obligations contained in this Lease by Lessee, its
officers, agents or employees except such loss or damage which was caused by the sole
negligence or will ul misconduct of City. Lessee shall hold all personal property or trade
inventory on thdf Property at the sole risk of Lessee and save City harmless from any loss or
damage therFio by any cause whatsoever, except such loss or damage which was caused by the
sole negligence or willful misconduct of City. City shall be reimbursed by Lessee for all costs
and attorney's fees incurred by City in enforcing Lessee's obligations set forth in this Section.
Lessee will conduct all defense at its sole cost and expense and City shall approve selection of
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Lessee's counsel. This indemnity shall apply to all claims and liability regardless of
ether any
insurance policies are applicable. The policy limits do not act as limitation upon the amount of
indemnification to be provided by Lessee.
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SECTION 15. WORKERS' COMPENSATION AND EMPLOYMS' LIABILITY
INSURANCE /1
Lessee acknowledges awareness of Section 3700 eIseq. of the California Labor Code,
which requires every employer to be insured against liabilitworkers' compensation. Lessee
covenants that it shall comply with such provisions pri r to the commencement of this Lease.
Lessee shall obtain and furnish to City workers' co ensation and employers' liability insurance
in amounts not less than the State statutory limit . Lessee shall require all contractors to provide
such workers' compensation and employer liability insurance for all of the sublessees' and
contractors' employees. Lessee shall fu ish to City a certificate of waiver of subrogation under
the terms of the workers' compens tion and employers' liability insurance and Lessee shall
similarly require all contractors to aive subrogation.
SECTION 16. GENE L PUBLIC LIABILITY INSURANCE
I/nthe
o the rkers' compensation and employers' liability insurance and Lessee's
covenant, ho harmless and indemnify City, Lessee shall obtain and furnish to City, a
policy olic liability insurance, including motor vehicle coverage against any and all
claims arf or in connection with the Property or Facilities. This policy shall indemnify
Lessee, i, employees and agents, while acting within the scope of their duties, against
any and arising out of or in connection with the Property or Faculties, and shall
provide/coverage in not less than the following amount: combined single limit bodily injury and
propety damage, including products/completed operations liability and blanket contractual
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liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided upder a
form which includes a designated general aggregate limit, the aggregate limit must ,fie no less
than One Million Dollars ($1,000,000.00) for the Property. This policy shallame City, its
officers, elected or appointed officials, employees, agents, and volunteers as Xdditional Insureds,
and shall specifically provide that any other insurance coverage which 'ay be applicable to the
Lease shall be deemed excess coverage and that Lessee's insurane all be primary.
Under no circumstances shall said above -mentioned isurance contain a self -insured
retention, or a "deductible" or any other similar form of linjitation on the required coverage.
SECTION 17. PROPERTY INSURANCE
Lessee shall provide before
City, at Lessee's sole cost and expense,
endorsements thereon, by a company
of this Lease and shall obtain and furnish to
and fire insurance with extended coverage
to City authorized to conduct insurance business
in California, in an amount insuring fir the full insurable value of all Improvements, personal
property whether or not owned or0eased by Lessee, and all trade inventory in or on the Property
against damage or destructioby fire, theft or the elements. This policy shall contain a full
replacement cost endorsement naming Lessee as the insured and shall not contain a coinsurance
penalty provision. Thy policy shall also contain an endorsement naming City as an Additional
Insured. The poliq� shall contain a special endorsement that such proceeds shall be used to
repair, rebuild c} replace any such Improvements, personal property whether or not owned or
leased by Le*e, and all trade inventory so damaged or destroyed; and if not so used, such
proceeds (excluding any insurance proceeds for personal property whether or not owned or
leased by Lessee, and trade inventory, but only to the extent the insurance proceeds specifically
cover those items) shall be paid to City. The policy shall also contain a special endorsement that
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if the Property is so destroyed triggering the parties' ability to terminate as set fortli`herein, and
either party elects to terminate the Lease, the entire amount of any insurance proceeds (excluding
such proceeds for personal property whether or not owned or leased b) ` Lessee and trade
inventory, but only to the extent the insurance proceeds specifically cod,6r those items) shall be
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paid to City. The proceeds of any such insurance payable to City�'may be used, in the sole
discretion of City, for rebuilding or repair as necessary to restore the Property or for any such
other purpose(s) as City sees fit.
This policy shall also contain the following
(a) The insurer shall not cancel or reduce ,the insured's coverage without (30)
days prior written notice to City;
(b) City shall not be responsible fi'r premiums or assessments on the policy.
A complete and signed certificateof insurance with all endorsements required by this
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Section shall be filed with City priO� the execution of this Lease. At least thirty (30) days
prior to the expiration or terminalion of any such policy, a signed and complete certificate of
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insurance showing that coverage has been renewed shall be filed with City.
SECTION 18.
Not more fr4ently than once every two (2) years, if, in the sole opinion of City, the
amount and/or scople of general public liability insurance and/or property insurance coverage in
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the "General Pubfic Liability Insurance" and "Property Insurance" Sections hereof, at that time is
not adequate, Lessee shall increase the insurance coverage as reasonably required by City.
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SECTION 19.
ENDORSEMENTS f.
Prior to commencement of this Lease, Lessee shall furnish to City certificates of
insurance subject to approval of the City Attorney evidencing the foregoing` insurance coverages
as required by this Lease; these certificates shall:
(a) provide the name and policy number of each carrier d policy;
(b) shall state that the policy is currently in force; an
(c) shall promise to provide that such policies sh11 not be canceled or modified
without thirty (30) days' prior written note of City; however ten (10) days' prior
written notice in the event of cancellation for nonpayment of premium, which 10-
day notice provision shall not applto property insurance in "Property Insurance"
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Section hereof
Lessee shall maintain the foregoing `nsurance coverages in force during the entire term of
the Lease or any renewals or extensions ereof or during any holdover period.
The requirement for carryin the foregoing insurance coverages shall not derogate from
Lessee's defense, hold harmless d indemnification obligations as set forth in this Lease. City
or its representatives shall at 1 times have the right to demand the original or a copy of any or
all the policies of insuranc — Lessee shall pay, in a prompt and timely manner, the premiums on
all insurance hereinabov/e required.
SECTION 20,.;"INSURANCE HAZARDS
Lessee shall'not commit or permit the commission of any acts on the Property nor use or
permit the use of the Property in any manner that will increase the existing rates for, or cause the
cancellation of any liability, property, or other insurance policy for the Property or required by
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this Lease. Lessee shall, at its sole cost and expense, comply with all requirements of any
insurance carrier providing any insurance policy for the Property or required by this Lease
necessary for the continued maintenance of these policies at reasonable rates.
SECTION 21. RELEASE
Lessee hereby releases and forever discharges City of and from any,.a'nd all claims,
demands, actions or causes of action whatsoever which Lessee may have, or may hereafter have,
against the City specifically arising out of the matter of the entry of Yessee onto the Property or
the operation of the Facilities. This is a complete and final release and shall be binding upon
Lessee and the heirs, executors, administrators, successors ai>d assigns of Lessee's use of the
Property and Facilities under this Lease Agreement. Lessee hereby expressly waives any rights
under or benefit of any law of any jurisdiction whatsooer providing to the contrary. Neither the
acceptance of this Release nor any payment made reunder shall constitute any admission of
any liability of City.
SECTION 22. WASTE ,'f+
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Lessee shall not alter, damage or commit any kind of waste upon the Property of
Facilities or any improvement, equip*nt or personal property thereon and shall not interfere in
any manner with the operations or g6tivities of City. Lessee shall not cause any workmen's or
materialmen's liens to be placed upon the Property or Facilities and agrees to indemnify and hold
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City harmless against any suc4/liens including but not limited to the payment of attorneys' fees.
SECTION 23. MAINTENAN
Lessee agrees to care for and maintain the Property, at Lessee's sole cost and expense,
during the entire term of this Lease Agreement or any extension thereof, in good and satisfactory
condition as acceptable to the City. In the event Lessee does not maintain the Property in a
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satisfactory manner, Lessee authorizes City to perform such maintenance on Lessees behalf.
All costs incurred performing said maintenance shall be assessed to and billed 4irectly to the
Lessee. Lessee agrees to pay such costs within ten (10) days of billing.
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SECTION 24. CONTROL OF EQUIPMENT
Lessee shall keep any equipment used or brought onto the Property for the purposes of
operating the nursery or maintaining the Facilities under its absgl'ute and complete control at all
times and said equipment shall be used on the Property at thc'sole risk of Lessee.
SECTION 25. ADDITIONS, ALTERATIONS AND REMOVAL
(a) No modifications, alterations or additions to the Property or Facilities, including,
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without limitation, landscape de ign, construction of additional structures or
changes to the structural desigpi of the Facilities, shall be constructed or made by
Lessee without first obtairiiiig the prior written approval of City, which may be
withheld by City in its le and complete discretion.
(b) Except as provided der this Lease Agreement, no alteration or removal of the
Facilities or nat al features of the Property shall be undertaken without Lessee
first obtaininhe prior written approval of City.
(c) Lessee's ligation to obtain City's prior written approval is separate and
independent of Lessee's obligation to obtain any permits from City, such as,
witho t limitation, a building permit.
SECTION, 6. TAXES
This Lease may create a possessory interest in property, which is subject to taxation. In
the event that such possessory interest is created, Lessee agrees to be subject to the payment of
and to pay taxes levied on such interest, at its sole cost and expense. Lessee also agrees to pay,
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at its sole cost and expense, before they become delinquent all other lawful taxes, assessments or
charges, which at any time may be levied by any governmental agency inclugng, without
limitation, the State, County, City or any tax or assessment levying body upon apy interest in this
Lease, or any possessory right which Lessee may have in or to the Property, by reason of
Lessee's use or occupancy thereof or otherwise, as well as all taxes, assessments, and charges on
personal property and trade inventory in, on, or about the Property: ' Upon request, Lessee shall
promptly furnish to City satisfactory evidence establishing sucks payment. Lessee shall comply
with all laws, regulations and ordinances regarding the collection of taxes due a government
agency.
SECTION 27. PAYMENT OF OBLIGATIONS
Lessee shall promptly pay, at its sole cost and expense, before they become delinquent,
any and all bills, debts, liabilities and obligations incurred by Lessee in connection with Lessee's
occupation and use of the Property ankor operation of the Facilities. Upon request, Lessee shall
promptly furnish to City satisfactoryvidence establishing such payment.
SECTION 28.
Excluding any attachedf public restrooms, if they exist, Lessee shall be responsible for the
payment of all utility charges, including, without limitation, gas, electricity, water, telephone
service, cable TV service, and the furnishing of all necessary refuse and garbage containers and
the removal and disPP sal of all rubbish, refuse and garbage resulting from the operation of the
Property and/or the}Facilities. All such rubbish, refuse and garbage removed shall be disposed of
in accordance with applicable laws and local ordinances. All trash containers and/or trash bins
shall be adequately screened and located to the satisfaction of City. For the purposes of this
Section, sewage disposal shall be construed as a utility. All such charges shall be paid by Lessee
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directly to the provider of the service and shall be paid as they become due and payAble. Upon
request, Lessee shall promptly furnish to City satisfactory evidence establishing syi'ch payment.
SECTION 29. BUSINESS LICENSE
Lessee shall maintain a business license from City during the entire``term of this Lease or
any renewals or extensions thereof or during any holdover period.
SECTION 30. SIGNS, ADVERTISING AND APPROVAL OF NAME
City shall have the right to approve in its sole discretion and at any time require Lessee to
change or remove signs, names, placards, decorations or advertising placed on, or inscribed,
painted or affixed upon the Property. Should City approve of any sign, name, placard,
decoration or advertising, Lessee shall maintain the same at all times during the entire term of
this Lease or any renewals or extensions
appearance and repair. All signs, names,
all requirements of any governmental
SECTION 31. NO ASSIGNI]
(a) Prohibition of Assigrm
the Lease in reliance
principals. Conseqen
otherwise
part of the
authorized
or during any holdover period in good
decorations or advertising must comply with
itywith jurisdiction.
The parties acknowledge that City is entering into
upon the experience and abilities of Lessee and its
Lessee shall not voluntarily assign, encumber or
its interest in the Lease or in the Property, or sublease all or any
, or allow any other person or entity (except Lessee's
ves) to occupy or use all or any part of the Property
without the prior written consent of the Director of Economic Development,
which consent may be conditioned on renegotiation of the terms and conditions of
this Agreement in the sole and absolute discretion of the City. However, that
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City's consent shall not relieve Lessee from any and all of its obligations,
liabilities, duties or responsibilities under this Lease. AY assignment,
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encumbrance, occupation or use, sublease or other transfer without such consent
shall be voidable and, at City's sole discretion, shall const4ate a Default of this
Lease.
z{"
(b) Consent to Transfer. City's consent to any assignmol encumbrance, occupation
3
or use, sublease or other transfer is subject to Lesse3e providing City with evidence
satisfactory to City that the proposed, assignee, encumbrancer, occupier or user,
sublessee or other transferee has suitable financial strength, experience and
character for operation and control of the Property and the Facilities and that the
use of the Property by the proposed assignee, encumbrancer, occupier or user,
sublessee or other transferee is' consistent with that specified herein, and is
j
commercially reasonable. Any proposed assignee, encumbrancer, occupier or
user, sublessee or other transferee shall agree to abide by the terms and conditions
of the Lease including; without limitation, all the obligations, liabilities, duties
and responsibilities cif Lessee, and other conditions imposed upon it pursuant to
law. An approve by City to one assignment, encumbrance, occupation or use,
sublease or o� ier transfer shall not be deemed to be an approval to any other
assignment encumbrance, occupation or use, sublease or other transfer.
(c) Voluntgo assignment defined. Except as otherwise expressly provided herein,
any di,s/solution, merger, consolidation or reorganization of Lessee, or the sale or
other transfer resulting in a transfer of a controlling percentage of the capital stock
of ;Lessee (other than a transfer by will, devise, bequest, intestate succession, a
NOI U" N
03agree/monroe lease/2/20/03 15
transfer to or between the family members of Lessee, or a transfer to or
one or more trusts for the benefit of Lessee and/or Lessee's family mexfibers,
where applicable) shall be deemed a voluntary assignment.
(d) Exceptions. Notwithstanding the foregoing paragraphs or anything to the
contrary contained herein, City's consent shall not be required,,'or an assignment
or subleasing to an Affiliate, Subsidiary or Successor of Lessee (for purposes
hereof, an "Affiliate," a "Subsidiary" and a "Successor', of Lessee are defined as
follows: (a) an "Affiliate" is any corporation which' directly or indirectly controls
or is controlled or is under common control with Lessee (for this purpose,
"control" shall mean the possession, directly or indirectly, of the power to direct
or cause the direction of the management and policies of such corporation,
whether through the ownership of -voting securities or by contract or otherwise),
(b) a "Subsidiary" shall mean any corporation or partnership not less than twenty-
five percent (25%) of whose outstanding stock shall, at the time, be owned
directly or indirectly by Lessee and which is at least as creditworthy as Lessee,
and (c) a "Successor" shall mean a corporation or partnership in which or with
which Lessee is merged or consolidated, in accordance with applicable statutory
provisions ;for merger or consolidation of corporations, or a corporation or
partnership acquiring a substantial portion of the property and assets of Lessee.
SECTION 32 TERMS BINDING ON SUCCESSORS
All the terms, covenants and conditions of this Lease shall inure to the benefit of and be
binding upon the parties
and their
successors,
including, without limitation, their assignees,
encumbrancers, occupiers
or users,
sublessees
or other transferees. The provisions of this
03agree/monroe lease/2/20/03 16 TAKEN
Section shall not be deemed as a (1) waiver of any of the prohibitions and conditions against
assignments, encumbrances, occupations or uses, subleases or other transfers hereinbefore set forth,
or (2) City's consent thereto. If more than one lessee is a party to this Lease, the obligations of the
lessees shall be joint and several. Even if City's consent is not required, Lessee/shall immediately
provide City with written notice of any, assignment, encumbrance, occupation or use, sublease or
other transfer. '
SECTION 33. DEFAULT
The occurrence of any one or more of the following evetits shall constitute a material default
and breach ("Default") of this Lease by Lessee:
(a) Lessee's failure to make any payment rof the Rent or other payment required to be
made by Lessee at the time required,for payment under this Lease.
(b) Lessee's failure to obtain or maintain the insurances and/or the security deposit as
required under this Lease.
(c) Lessee's vacating or abandonment of the Property during the entire term of this
Lease or any reneals or extensions thereof or during any holdover period.
Closure of the Facilities for more than a combined total of one hundred eighty
(180) days iVa calendar year, minus any days of closure of the Facilities caused
by City, shall be deemed an abandonment of the Property.
(d) Lessees violation of the "Indemnification, Defense and Hold Harmless
", "No Assigning, Subleasing or Encumbering", "Hazardous
", "Nondiscrimination", "Sale of Alcoholic Beverages and
Entertainment Prohibited", "Conflict of Interest" or Compliance with Laws"
Sections of this Lease Agreement.
N 0 A( T I " No
�Ll
03agree/monroe lease/2/20/03 17
(e) The insolvency of Lessee as evidenced by a receiver being appointed to take
possession of all or substantially all of Lessee's assets located at or on the
Property or of Lessee's interest in this Lease, or the making by Lessee of a
general arrangement or assignment for the benefit of creditors, or Lessee's filing a
petition in bankruptcy, whether voluntary or involuntary, or the attachment,
execution or the judicial seizure of substantially all of Lessee's assets located at or
on the Property or of Lessee's interest in the
(f) Lessee's failure to observe or perform any other term, covenant, obligation, duty,
responsibility or condition of this Lease to be observed or performed by Lessee
when such failure shall continue for a period of thirty (30) days after City's giving
written notice to Lessee, or such earlier period if specifically set forth in this
Lease; however, if the nature of such failure is such that more than thirty (30)
days are reasonably required for its cure, then Lessee shall not be deemed to be in
Default if Lessee notifies City of the length of the additional time required to cure
and receives City's written approval of the additional time required, which
approval will ° not be unreasonably withheld, and commences such cure within
such thirty 60) day period and diligently proceeds with such cure to completion
during such additional time period approved by City.
SECTION 34. REMEDIES
(a) Cumulative Nature of Remedies. In the event of any Default by Lessee, City
shall have the remedies described in this Section in addition to all other rights and
remedies provided by law or equity, to which City may resort cumulatively or in
the alternative: N04" ACTION
a 0
as
03agree/monroe lease/2/20/03 18 TAKE174
(1)
03agree/monroe lease/2/20/03
Reentry without Termination. City may at City's sole discretion reenter
the Property, and, without terminating the Lease, at any time ,and from
time to time relet the Property or any part or parts of them for the account
and in the name of Lessee or otherwise. Any reletting' may be for the
remainder of the term or for a longer or shorter period. City may in City's
sole discretion eject all persons or eject some and'not others or eject none.
In addition, City may in its sole discretion" remove some or all of the
personal property and trade inventory from the Property. City may store
such removed personal property and, trade inventory in a public warehouse
or other location at the sole cost, expense and risk of Lessee, and for the
account of and in the name of Lessee. City shall apply all rents from
reletting as follows: first, to the payment of reasonable expenses
(including brokers' commissions) paid or incurred by or on behalf of City
in recovering possession, placing the Property in good condition, and
preparing or altering the Property for reletting; second, to the reasonable
expense of securing new subtenants; third, to the fulfillment of Lessee's
covenants to the end of the term. City may execute any leases or
subleases made under this provision either in City's name or in Lessee's
name and City shall be entitled to all rents from the use, operation or
occupancy of the Property. Lessee shall nevertheless pay to City on the
dates specified in this Lease the equivalent of all sums required of Lessee
under this Lease, plus City's expenses, less the proceeds of any reletting or
(2) Termination. In the event of a Default by Lessee, City may at City's
sole discretion terminate this Lease by giving Lessee written,/notice of
i
termination. In the event City terminates this Lease, City ,i ay recover
possession of the Property (which Lessee shall immediatejI surrender and
vacate upon demand) and remove all persons therefrom, and Lessee shall
r'
comply with, without limitation, Sections 53 and 5 below. City also shall
be entitled to recover as damages all of the following:
(A) The worth at the time of the award of any unpaid Rent or other
charges which have been earne Vat the time of termination;
(B) The worth at the time of tjxe award of the amount by which the
unpaid Rent and other charges which would have been earned after
termination until they time of the award exceeds the amount of the
loss of such rent and other charges that Lessee proves could have
been reason y avoided;
(C) The wortkl' at the time of the award of the amount by which the
Rent and other charges for the balance of the term after the
of the award exceeds the amount of the loss of such rental and
charges that Lessee proves could have been reasonably
avoided;
(D) Any other amount necessary to compensate City for the detriment
1
proximately caused by Lessee's failure to perform its obligations,
liabilities, duties or responsibilities under this Lease; and
03agree/monroe 1ease/2/20/03 20 TAKEN
(E) At City's sole discretion, such other amounts in addif on to or in
lieu of the foregoing as may be permitted from t' e to time by
applicable California law.
As used in "Remedies" Section hereof, subsections (a)(2)(A) and (B), the "worth
at the time of the award" shall be computed by allowing interest at the rate of twelve
i
percent (12%) per annum. As used in "Remedies" ,Section hereof, subsection
37(a)(2)(C), the "worth at the time of the award" shall be computed by discounting such
r
amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of
the award, plus one percent (1 %). The
"Remedies" Section, subsection (a)(2)(D)
costs or expenses incurred by City in mai
Default.
bunt' recoverable by City pursuant to the
l
)five shall include, without limitation, any
I
ining or preserving the Property after such
(3) Use of Personal Propohy. City may at City's sole discretion use the,
personal property and/or trade inventory located on, about or appurtenant
to the Property without compensation and without liability for use or
damage, ors re them in a public warehouse or other location at the sole
cost, expei)k and risk of Lessee, and for the account of and in the name of
Lessee.
(b) Election of R.6medy. The election of one remedy for any one item shall not
foreclose ar election of any other remedy for another item or for the same item at
a later
(c) City's Right to Cure Lessee's Default. Upon continuance of any Default, City
may in its sole discretion, but is not obligated to, cure such Default at Lessee's
NO
03agree/monroe lease/2/20/03 21 TAKEN
sole cost and expense. If City at any time, by reason of such Default by Lessee,
pays any sum or does any act, the sum paid by City plus the reasonable cost of
performing such act, together with a penalty thereon at the penalty rate set forth in
the "Late Charge and Penalty" Section hereof from the date the costs were
incurred or the act performed by City to the date they are reimbursed to City by
Lessee, shall be due as additional rent not later than five (5) days after service of a
written demand therefor on Lessee, including reasonably detailed documentation
of the amount owed. No such payment or act shall constitute a waiver of Default
or of any remedy for Default or render City liable for any loss or damage resulting
from any such act.
(d) Waiver of Rights. Lessee hereby waives any right of redemption or relief
from forfeiture under California Code of Civil Procedure Sections 1174 or 1179,
or under any other present" or future law, in the event Lessee is evicted or City
takes possession of theTroperty by reason of any Default by Lessee hereunder.
(e) Other Rights of City A No act of City, including, without limitation, City's entry
on the Property,, befforts to relet the Property, or maintenance of the Property, shall
be construed as an election to terminate this Lease unless a written notice of such
intention is given to Lessee by City or unless the termination thereof is decreed by
a courtof competent jurisdiction. Notwithstanding if City elects to continue the
Lease in full force and effect after a Default by Lessee and to relet the Property,
City may at any time after such reletting elect to terminate this Lease for any such
Default.
03agree/monroelease/2/20/03 22
SECTION 35. CUMULATIVE REMEDIES
The remedies given to City in this Lease shall not be exclusive but shall be cumulative
and in addition to all remedies now or hereafter allowed by law or elsewhere provfded in this
Lease. City shall have the right to exercise any other right or remedy which City may have at
law or in equity including, without limitation, City's rights under the unlawful detainer laws.
f
SECTION 36. WAIVER OF DEFAULT
The waiver by City of any Default by Lessee of any of the provisions of this Lease shall
not constitute a continuing waiver or a waiver of any subsequent Default by Lessee either of the
f
same or another provision of this Lease.-'`
SECTION 37. CITY'S DEFAULTS/LESSEE'S KEMEDY
In the event City fails to perform any material/`obligation of City under the Lease within
ninety (90) days after receiving written notice froiyf Lessee specifying the nature of such default,
or, if the nature of City's obligation is such that more than ninety (90) days are required for its
performance, if City fails to commence su ' performance within such ninety (90) day period and
thereafter diligently prosecute the s e to completion, then City shall be in default of this
obligation. If City's default mat rially interferes with Lessee's use of the Property for its
intended purpose, Lessee shall ave the option to terminate the Lease by giving City at least
sixty (60) days' written notice of its intent to terminate. In such a situation, Lessee must still
comply with all of its/obligations, liabilities, duties and responsibilities under the Lease,
including, without limitation, paying any Rent due up to the time of termination and surrendering
the Property pursuant to Sections 53 and 54 below. This remedy of termination is Lessee's sole
and exclusive remedy for a default by City
NOT WfflCk�
03agree/monroe lease/2/20/03 23
SECTION 38. HAZARDOUS SUBSTANCES
Lessee represents and warrants that its use of the Property or operation or maintenance of
the Facilities shall not generate any Hazardous Substance (as defined below in this section), and
that Lessee shall not store or dispose on the Property nor transport to or over the Property any
Hazardous Substance during the entire term of this Lease Agreement or any extensions thereof.
The foregoing restrictions shall not be deemed to restrict or prohibit the use by Lessee of
ordinary products as customarily used in Lessee's ordinary course of operation of the Nursery, or
cleaning products as customarily used in Lessee's ordinary course of maintenance of the
Facilities, provided that Lessee complies with all applicable provisions of federal and state laws
and rules and regulations thereto pertaining to the use, storage and disposal of such Hazardous
Substances or cleaning products. Lessee further' agrees to clean up and remediate any such
Hazardous Substance on the Property,
harmless City, its officers, elected or
agrees to protect, defend, indemnify and hold
officials, employees, agents and volunteers from
and against any and all claims, damages, losses, expenses, judgments, demands and defense costs
(including, without limitation, costs and fees of litigation (including arbitration) of every nature
or liability of any kind or nature) arising out of or in connection with any Hazardous Substance
and any damage, loss, or ,expense or liability resulting from any Hazardous Substance including,
without limitation, alt attorney's fees, costs and penalties incurred as a result thereof except any
release caused by the sole negligence or willful misconduct of City. City shall be reimbursed by
Lessee for all costs and attorney's fees incurred by City in enforcing Lessee's obligations set
forth in this Section. Lessee will conduct all defense at its sole cost and expense and City shall
approve selection of Lessee's counsel. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as
NO A"T
03agree/monroe lease/2/20/03 24 TAKEN
limitation upon the amount of indemnification to be provided by Lessee. "Hazardous
shall be interpreted broadly to mean any substance or material defined or design cited as a
hazardous or toxic waste, hazardous or toxic material, hazardous or toxic pf radioactive
substance, or other similar term, by any Federal, State or local environmental/aw, regulation or
rule presently in effect or promulgated in the future, as such law, regulation or rule may be
amended from time to time; and it shall be interpreted to includg without limitation, any
substance which after release into the environment will or may reasonably be anticipated to
cause sickness, death or disease. �
t
SECTION 39. NATIONAL POLLUANT DISCILARGE ELIMINATION SYSTEM
("NPDES")REQUIREMENT'
In accordance with, NPDES as promulgated by the EPA, requirements, a Water Quality
Management Plan ("WQMP") for the Property shall be prepared by a civil or environmental
engineer licensed by the State of California. Best Management Practices ("BMPs") shall be
identified and incorporated into the/design. The purpose of WQMP shall be to eliminate water
r
pollution runoff from the Pro y. On request, the WQMP shall be submitted to the City's
Director of Public Works f9� review and approval. The WQMP and BMPs shall be completely
installed and implemented, to the satisfaction of the City, within sixty (60) days of approval by
the Public Works
SECTION40. MAINTENANCE OF DRAINAGE DITCH
Lessee ;agrees to clean, keep clear, and maintain the drainage ditch running roughly
parallel to and west of the eastern property line of the Property at Lessee's own expense, and in
the event Lessee shall fail to perform the acts set forth in this section, City may at its option, do
such as at the expense of Lessee, which expense Lessee agrees to pay City upon demand.
03agree/monroe lease 25 TAKEN
SECTION 41. FENCES
City shall have the right, at its option, to fence the Property, or any portion thereof, in
which event it shall provide one or more suitable gates to afford Lessee access to the egress from
the Property. Should Lessee desire to install any fence on the Property, Lessee shall obtain the
prior written approval of City thereto,. Lessee's obligation to obtain City's prior written approval
is separate and independent of Lessee's obligation to obtain any permits from City, such as,
without limitation, a building permit. Notwithstanding the above, Lessee shall not install,
operate, maintain, cause or permit to be installed, operated or maintained any electrically charged
fence on the Property.
SECTION 42. CONSENT
When City's consent/approval is required der this Lease, its consent/approval for one
transaction or event shall not be deemed to bee consent/approval to any subsequent occurrence
of the same or any other transaction or
SECTION 43. HOLDOVER
Should Lessee hold over did continue in possession of the Property after expiration or
termination of this Lease, wills or without the express prior written consent of City, Lessee's
continued occupancy of tWProperty shall constitute a month -to -month tenancy, subject to all the
terms and conditions of this Lease, at a monthly rent of one hundred ten percent (110%) of the
previous calendar year's annual Rent divided by twelve (12) (or the average monthly Rent for all
months Lessee owned/operated the Facilities if Lessee has owned/operated the Facilities for less
than one (1) year) or that month's actual Rent, whichever is greater, and shall not constitute a
renewal or extension of the Lease term.
03agree/monroe lease/2/20/03 26
SECTION 44. WAIVER OF CLAIMS
Lessee hereby waives any claim against City, its officers, elected or appoinod officials,
employees, agents or volunteers for damage or loss caused by any suit or proceeding directly or
indirectly attacking the validity of this Lease, or any part thereof, or caused by any judgment or
award in any suit or proceeding declaring this Lease null, void or voidable, or delaying the Lease
or any part thereof from being carried out.
SECTION 45. INSPECTION OF PROPERTY
Upon at least twenty-four (24) hours advance written;' verbal or electronic notice given by
City to Lessee, Lessee shall permit City or City's agents, representatives or employees to enter
the Property at all reasonable times for the purpose of inspecting, investigating and surveying the
Property to determine whether Lessee is complying with the terms of this Lease and for the
purpose of doing other lawful acts that maybe necessary to protect City's interest in the Property
or to perform City's duties under this Lease. City also shall have the right in its sole discretion to
do any and all work of any nature necessary for the preservation, maintenance and operation of
property owned, controlled or o0cupied by City. Lessee shall be given reasonable notice when
such work becomes necessary, and Lessee shall adjust the operation of the Facilities in such a
manner that City may proceed expeditiously.
SECTION 46.
Lessee acknowledges and agrees that City may grant permits to third parties engaged in
the production ofj�till and motion pictures and related activities to take photographs
or videos of or on the Property when such permission shall not interfere with the primary
business of Lessee, all without providing Lessee with notice or requiring consent by Lessee.
lu
03agree/monroe lease/2/20/03 27 TAKE111
SECTION 47. NONDISCRIMINATION
Lessee and its employees shall not discriminate because of race, religion, colo , ancestry,
sex, age, national origin or physical handicap against any person by refusing Vfurnish such
t
person any accommodation, facility, rental, service or privilege offered to or eA'joyed by the
general public. Nor shall Lessee or its employees publicize the acco'inmodation, facilities,
rentals, services or privileges in any manner that would directly or inferentially reflect upon or
question the acceptability of the patronage of any person because of race, religion, color,
ancestry, sex, age, national origin or physical handicap.
In the performance of this Lease, Lessee shall not discriminate against any employee or
applicant for employment, because of race, religion, color, ancestry, sex, age, national origin or
physical handicap. Lessee shall take affirmative, action to ensure that applicants are employed
and that employees are treated during employment, without regard to their race, religion, color,
ancestry, sex, age, national origin or physical handicap. Such action shall include, without
limitation, the following: employm*nt, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or t(�fmination; rates of pay or other forms of compensation; and
selection for training, includir*, without limitation, apprenticeship. Lessee shall post in
conspicuous places, availabl` to all employees and applicants for employment, notices setting
forth the provisions of thisAection.
Lessee shall permit access to its records of employment, employment advertisements,
application forms, and other pertinent data and records by City, the State Fair Employment
Practices Commission or any other agency with jurisdiction over these matters, for the purpose
of investigation to ascertain compliance with this Section.
N 0" A (36T 10 N
03agree/monroe lease/2/20/03 28
City may determine a violation of this Section to have occurred upon receipt of a final
judgment having that effect from a court in an action to which Lessee was a part , or upon
receipt of a written notice from the State Fair Employment Practices Commi sion or other
government agency with jurisdiction over these matters that it has investigat and determined
that Lessee has violated the Fair Employment Practices Act or other applic le discrimination
law and has issued an order which has become final, or obtained an i unction. In the event of
violation of this Section, City shall have the right to terminate this ease, and any loss of revenue
sustained by City by reason thereof shall be borne and paid f r by Lessee, at its sole cost and
expense.
SECTION 48.
PROHIBITED
Notwithstanding anything to the
and/or live entertainment in, on, or from
permitted in writing by City in advanc
beverages, Lessee must first obtain it
approval to the Alcohol Beverage ommi
SECTION 49. LIENS
LI
: ar, the sale or provision of alcoholic beverages
Property is expressly forbidden, unless expressly
For any proposed sale or provision of alcoholic
City approval prior to submitting any request for
ssion.
Lessee shall keep th Property free and clear from any and all liens, including, without
limitation, mechanics' o materialmens' liens, claims and demands for work performed,
materials furnished, or Aperations conducted on or about the Property or by reason of any use or
occupancy by Lesse�, or any person claiming under Lessee. When applicable, Lessee shall
cause a notice of nonresponsibility to be posted and recorded pursuant to California Civil Code
Section 3094. 1/
03agree/monroe lease/2/20/03 29
SECTION 50. DESTRUCTION
Should the Property be partially destroyed, this Lease shall continue in full fgtce and
effect, and Lessee, at Lessee's sole cost and expense, shall complete the work of repairing and
restoring the Property to their prior condition providing such work can be accomplished under all
/
I
applicable governmental laws and regulations within one hundred eighty (18%'days. Should the
Property be so far destroyed that in City's reasonable judgment they cannot be repaired or
restored to their former condition within one hundred eighty (180) dq, s, City shall give Lessee
notice of such determination in writing and each party may, in that party's sole discretion:
(a) Continue this Lease in full force and effect in v hich case Lessee shall repair and
restore, at Lessee's sole cost and expense, tProperty to their former condition;
or
(b) Terminate this Lease by giving the 96er party thirty (30) days' written notice of
such termination within sixty (60)/days after the date that City gives Lessee notice
that the Property cannot be r6aired or restored to their former condition within
one hundred eighty (180)Aays. In the event that either party elects to terminate
this Lease, the entire alafiount of any insurance proceeds (excluding such proceeds
for personal prope)4y whether or not owned or leased by Lessee and trade
inventory, but oAy to the extent that the insurance proceeds specifically cover
those items) s�all be paid to City. The proceeds of any such insurance payable to
City may Oe used, in the sole discretion of City, for rebuilding or repair as
to restore the Property or for any other such purpose(s) as City sees fit.
In addition, if Lessee elects to terminate the Lease, Lessee must still comply with
all of its obligations, liabilities, duties and responsibilities under the Lease,
03agree/monroe lease/2/20/03 30 TAKEN
including, without limitation, paying any Rent due up to the time of
and surrendering the Property, pursuant to Sections 53 and 54 below.
In the event of the damage or destruction of the Facilities, and/or personal property
located on the Property not giving rise to a termination of this Lease, Lessee ,shall, at its sole cost
and expense, replace and repair the same as soon as reasonably possible to permit the prompt
continuation of Lessee's business at the Property.
SECTION 51. NO ABATEMENT OF RENT DURING UPAIR WORK
The Rent shall not be abated for the time Lessee is preN(ented from using the whole or a
portion of the Property. In addition, Lessee shall not be eN'cused from the payment of taxes,
insurance or any other obligations for the time Lessees prevented from using the whole or a
portion of the Property.
SECTION 52. EMINENT DOMAIN
If, during the term of this Lease or
holdover period, City's real property (
renewals or extensions thereof or during any
held by City in fee simple, an easement interest or
otherwise) and/or the Property is to in eminent domain, the entire award (that is, all forms) of
compensation, other than as prov,/ded herein, shall belong to and be paid to City. In the event of
,/
condemnation, Lessee shall bg entitled to an award of only the following forms of compensation,
if any, from the condemnir* authority: compensation for loss of business goodwill;
compensation for the value of any of Lessee's personal property; compensation for the value of
any of Lessee's trade inventory; and compensation for relocation benefits as authorized by law.
All other forms of compensation, such as, for example, but not by way of limitation, any bonus
value of Lessee's interest in this Lease, shall belong to and be paid to City. In the event of
condemnation, unless Lessee is allowed by the condemning authority to continue its operations
NO`
03agree/monroe lease/2/20/03 31 TAKEN
condemnation, unless Lessee is allowed by the condemning authority to continue its
on the Property, the Lease shall terminate on the earliest of the following dates: the
condemning authority obtains a prejudgment order for possession; the date title
vests in the condemning authority; or the date when Lessee is required by the
authority to cease its operations.
SECTION 53.
the
Property
Lessee agrees that any and all irrigation pipelines and appurtenances, as well as all well
pumping equipment, located on the Property at the commeli6ement of Lessee's occupancy
thereof are the property of City, and shall remain upon anld be surrendered with the premises
upon the termination of this Lease or any renewal or extension thereof. In consideration of the
privilege of using the same, Lessee agrees to maintaitx; operate, repair and replace if necessary, at
Lessee's sole cost and expense, any and all of ,said irrigation pipelines and appurtenances and
well pumping equipment, during the contioance of this Lease. Any and all well pumping
equipment placed on the Property by Lesdee, the installation of which is made with the consent
of City and for which a rent adjusVnent is made, and any and all irrigation pipelines and
appurtenances and well pumping 94uipment installed by Lessee to replace equipment located on
the Property at the time Lesseq�entered into possession thereof, shall thereupon be and become
the property of City and shall remain upon and be surrendered with the Property upon the
termination of this Lease/or any renewal or extension thereof. Lessee agrees to promptly deliver
to City a good and su)ficient bill of sale for any and all such irrigation pipelines, appurtenances
and well pumping equipment installed on the Property at the time the same is installed. Lessee
further agrees that,/no such replacement pipelines or well pumping equipment shall be purchased
on other than a cash basis.
03agree/monroe lease/2/20/03 32
SECTION 54. RESTORATION AND SURRENDER OF PROPERTY/TITLE
TO IMPROVEMENTS
On expiration or termination of this Lease, Lessee shall, without compensation to Lessee,
promptly surrender and deliver the Property to City in as good condition as such were at the
commencement date of this Lease, reasonable wear and tear excepted. Lessee shall, at the option
of the City, remove the Facilities and restore the Property to its'natural condition to the
satisfaction of, and at no cost to the City. In the alternative, and again and at the option of the
City, Lessee shall and without compensation to Lessee, surrender all Facilities to City in good
condition and repair, ordinary wear and tear
encumbrances. Lessee shall remove all personal
sole discretion accept all or any portion of the F
free and clear of all liens and
and trade inventory. City may in its
ies and no sum whatsoever shall be paid to
Lessee or any other person; or City may require Lessee to remove all or any portion of the
Facilities, at Lessee's own risk and cost and
all or any portion of the Facilities, at
; or City may itself remove or have removed
's own risk and cost and expense. If required by City
to do so, in removing any such Facilities, Lessee shall restore the Property as nearly as possible
to the conditions existing prior t their installation or construction. All such removal and
restoration shall be to the satis ction of City and shall be completed within thirty (30) days of
the expiration or termination,/of this Lease; provided, however, that Lessee shall be considered a
holdover tenant (pursuant/fo the "Holdover" Section hereof) after expiration or termination of the
Lease until the time lessee completes this removal and restoration work, including, without
limitation, the remojval of any personal property and trade inventory left on the Property. In
addition, any personal property or trade inventory left on the Property after the expiration of this
30-day period, kegardless of cause, shall be deemed abandoned by Lessee. In City's sole
N 10"
as
03agree/monroe 1ease/2/20/03 33 TAKEN
discretion, it may choose to do one or more of the following: (1) take any or all of such personal
property and trade inventory as City property; (2) store any or all of such personal proper and
trade inventory in a public warehouse or other location at the sole cost, expense a9d risk of
Lessee, and for the account and in the name of Lessee; or (3) dispose of any pr all of such
personal property and trade inventory without any liability to Lessee. In 9/ddition, Lessee's
indemnification, hold harmless and defense obligations set forth in this Lejfse shall apply to such
personal property and/or trade inventory, and to City's actions with res&ct thereto.
SECTION 55. FORCE MAJEURE - UNAVOID
Should the performance of any act required by this Lease to be performed by either City
or Lessee be prevented or delayed by reason of an act of" God, strike, lockout, labor troubles,
inability to secure materials, restrictive governmental;1'laws or regulations, or any other cause
except financial inability not the fault of the party required to perform the act, the time for
performance of the act shall be extended for/a period equivalent to the period of delay and
performance of the act during the period � f delay shall be excused. Provided, however, that
nothing contained in this
Section shall excuse the
prompt payment of the Rent
or other
consideration by Lessee as
required by this Lease
or the performance of any act
rendered
difficult solely because of the,,financial condition of the party, City or Lessee, required to
perform the act.
SECTION 56. CITY'S OPTION T
City may close./the Property without liability and without advance notice to Lessee
therefor at any time as City in its sole discretion deems necessary for the protection of life, limb
or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect
any repair, remodeling or rebuilding deemed necessary by City in its sole discretion. The length
IN U A (36-7 10" N
03agree/monroe 1ease/2/20/03 34 TAKEN
SECTION 60. NOTICE
Unless specifically providing for verbal or electronic notice, all notices, certificate,, or other
communications required to be given hereunder shall be in writing and made in ,the following
manner, and shall be sufficiently given and deemed received when (a) personally/delivered; or (b)
three (3) business days after being sent via United States certified mail — returnfeceipt requested; or
(c) one (1) business day after being sent by reputable overnight courigr, in each case to the
addresses specified below; provided that City and Lessee, by notice givo hereunder, may designate
different addresses to which subsequent notices, certificates or othef communications will be sent:
City: Lessee:
,f
r"
City of Huntington Beach Rey bilmore and Larry Gilmore
11
ATTN: Director of Economic Development Monroe Pacific Wholesale Nursery
2000 Main Street, P.O. Box 190 10449 East Adams Avenue
Huntington Beach, CA 92648 % Huntington Beach, CA 92646
SECTION 61.
Lessee, at its sole cost and expense,Aall comply with all statutes, ordinances, regulations
and requirements of all governmental/ entities, including, without limitation, Federal, State,
county or municipal, relating to Lessee's use and occupancy of the Property and/or operation of
the Nursery whether such statutes, ordinances, regulations and requirements be now in force or
hereinafter enacted. This Luse is expressly subject to the laws, regulations and policies of City.
Lessee shall deliver to,,City a copy of any notice from any governmental entity received by
Lessee regarding any alleged violation of law regarding the Lease, Property or the Nursery or
from any person allegedly entitled to give notice under any conditions, covenants, or restrictions
binding or affecting the Property. The judgment of any court of competent jurisdiction, or the
admission by Lessee in a proceeding brought against Lessee by any government entity, that
Lessee has violated any such statute, ordinance, regulation or requirement shall be .conclusive as
l�
between City and Lessee and shall be grounds for termination of this Lease by City.
SECTION 62. INTERPRETATION OF THIS LEASE
The language of all parts of this Lease shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. If any provision of
this Lease is held by an arbitrator or court of competent jurisdiction to be unenforceable, void,
illegal or invalid, such holding shall not invalidate or effect the remaining covenants and
provisions of this Lease. No covenant or provision shall be deemed dependent upon any other
unless so expressly provided here. As used in this Lease, the masculine or neuter gender and
singular or plural number shall be deemed to include the other whenever the context so indicates
t;
or requires. Nothing contained herein shall"e construed so as to require the commission of any
act contrary to law, and wherever therpAs any conflict between any provision contained herein
and any present or future statute, law; ordinance or regulation contrary to which the parties have
no right to contract, then the latto' shall prevail, and the provision of this Lease which is hereby
affected shall be curtailed
requirements of the law.
r'
J'
SECTION 63. 5tR
Terms and conditic
expiration or
No wai
limited only to the extent necessary to bring it within the
of this Lease, which by their sense and context survive the
of this Lease, shall so survive.
MODIFICATION
or modification of any language in this Lease shall be valid unless in writing
and duly executed by both parties.
03agree/monroelease/2/20/03
37
SECTION 65. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at
the beginning of the various sections in this Lease are merely descriptive and arse included solely
for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or,eonstrue the intent of the
parties or affect the construction or interpretation of any provision of this Lease.
SECTION 66. BROKERS
Each party warrants to and for the benefit of the other that it has had no dealings with any
real estate broker or other agent (attorneys excepted) in connection with the negotiation or
making of this Lease.
SECTION 67. INDEPENDENT CONTRACTOR
Lessee acknowledges and understands that at no time shall Lessee act in the performance
of this Agreement as an employee of City. Lessee shall secure at its own cost and expense, and
be responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for Lessee and its
officers, agents and employees and all business licenses, if any, in connection with the Lease
and/or operation of the
SECTION 68.
Except as expressly set herein, in the event suit is brought by either party to construe,
interpret and/or enforce the terms and/or provisions of this Lease or to secure the performance
hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
03agree/monroelease/2/20/03 38
SECTION 69. LEGAL SERVICES SUBCONTRACTING PROHIBITED
Lessee and City agree that City is not liable for payment of any
involving legal services, and that such legal services are expressly outside
contemplated hereunder. Lessee understands that pursuant to H
work
of services
Beach City Charter
Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable
for payment of any legal services expenses incurred by Lessee.
SECTION 70. GOVERNING LAW
This Lease shall be governed and construed in acebrdance with the laws of the State of
California.
SECTION 71. DUPLICATE ORIGINAL
The original of this Lease and one or
as duplicate originals, each of which so
copies hereto have been prepared and signed
shall, irrespective of the date of its execution
and delivery, be deemed an originaly Each duplicate original shall be deemed an original
instrument as against any party who./signed it.
SECTION 72. ENTIRE"
i"
The parties acknowledge and agree that they are entering into this Lease freely and
voluntarily following extensive arm's length negotiations, and that each has had the opportunity to
consult with legal counsel prior to executing this Lease. The parties also acknowledge and agree
that no representation, inducements, promises, agreements or warranties, oral or otherwise, have
been made by that party, or anyone acting on that party's behalf, which are not embodied in this
Lease, and that that party has not executed this Lease in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this Lease. The Lease,
and the attached exhibits, contain the entire agreement between the parties respecting the subject
matter of this Lease, the Property, the leasing of the Property to Lessee, or the lease term
under this Lease and supercede all prior understandings and agreements, whether oral or/in writing
between the parties respecting the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be 3&ecuted by and
through their authorized officers the day, month and year first above written.
REX GILMORE and LARRY GILMORE,
dba MONROE PACIFIC WHOLESALE
NTT-nTT1TI . , .
CITY OF HUNTIN
municipal corporati
California
ATTEST:
City Clerk
N BEACH, a
the State of
P ROVED AS TO FORM:
REVIEWED AND APPROVED:
,3City Attorney `F�1Lft�1 212o�05
City Administrator F r�
INITIATED AND APPROVED:
al-00
'ng Director of Economiq Development
IN/10 A C 7161
10iv
03agree/monroe lease/2/20/03 40
EXHIBIT A
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IVaRTu
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
RECEIVED
1. Requested by: Christi Mendoza, Risk Management APR 2 1 2005
2. Date: April 19, 2005 City of Huntington Bead
City Attops Office
3. Name of contractor/permittee: Monroe Pacific Wholesale Nursery
4. Description of work to be performed: Commercial nursery on leased city lands
5. Value and length of contract $1,000,000:year-round operation
6. Waiver/modification request: CA -admitted carrier/ckel clause wording/$500 deductible
7. Reason for request and why it should be granted: Unable to comply with the cites
insurance requirements
8. Identify the risks to the City in approving this waiver/modification: None.
IiLva-vl- y(1'k/oS
Dep aitMent Head Signature Date:
APPROVAL$
Approvalsmust be obtained in the order listed on this form. Two approvals are ;required
for a request to be granted. Approval from the City'Administrator's Office is only required if
Risk Management and the City Attorney's OfFm disagree.
1. Risk Management
proved ❑ Denied
Signature Date
2. City Attorney's Office ff
proved ❑ Dern gl2t
#M48-&�
%Signature Date
3. City Administrator'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 Administrative Services
PAGE 02/04
03/24/2005 10:15 17148327208 APOLLO AGENCIES INC
ACORD � CERTIFICATE OF �.IABiLlTY INSURANCEOPII
PROmNCER THtS CERTIFICATE IS ISSUED AS A MATTER
Apollo Comm' 1 Lines #0394033 ONLY AND CONFERS NO RIGHTS UPON THE
Apollo Agencies, Inc. HOLDER. THIS CERTIFICATE DOES NOT AN
P . O. box 11610 ALTER THE COVERAGE AFFORDED BY THE
Santa Ana CA 92711
Phone:714-832-2100 Fax:714-832-7208 WSMRSAFFOREING COVERAGE _
INau�- INSR61% A +wr en 99*1d Inc wamm orou
Monroe Pacific Wholesale INSItER11
R�ea��rryI� rzy Gilmore ItERc:
1044 9 ,A Rve . INSURER D•,
Huntington Seseh CA 92646
INSINRER s:
f!M,®eA&'AC&
i OATE(MVADOIYYYYI
03 a 05
NFORMATION
ITIFICATE
EXTEND OR
K3ES BELOW.
NAIC 0
TH£ PODS Or W&URANCE LISTED BELOW HAVE WBN ISSUED TO TIE XNSURW NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITUSTANOING
ANY RgO MEWW, TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IBSUEO OR
MAY PERTAIN, THNE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS "X-CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLMJES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAE CLAIMS.
LTR TYPE OP INSURANCE POLICY HRAI6ER TB TE LIMITS
GENERAL LIABILITY
ENCH OCCURRENCE
f 10000 )0
IEMIsEs Eno«urenesr
s 50000
A
oMMENr X ccIIu GEwERALLIAeILITY
NPP892991
10130/04
10130J05
CLAIMS MWE ® OCCUR
MED EXP (Any GIN PMUM
41000
PERSONAL aAOVINMY
$1000000
0500 Dad F±r
GE►NERM AGGREGATE
S 1000000
Claim
OENL AGGREGATE LRIST APPLIES PER
PRODUCTS-COMPNDP AGO+
S 1111cidum
FInICY 294. LOC
AUlOMOME L.IABILmr
ANY AUTO
COMBINED SIJCLE LIMIT
(FA N Dam)
s
90MYINJURY
(P- Per-M
S
ALL OWNED AUTOS
SCHEDULED AUTOS
SOOILY INJURY
(Par aalderU►
S Y
PORED AUTOS
HON.OWNEO AUTOS
PROPERTY DAMAGE
(Paxclosnti
S
GARAGE LIABILITY
AUTO ONLY -EA_ACCIDENT
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OTHER THAN V4 ACC
AIJTO ONLY, AGO
ANY AUTO
s
_
EXCESSIUMSRBLLLA LIABHUTY
EACH OCCURRENCE
S
OCCUR a CLAW MADE
AGGREGATE .:
II .
a
-
S
DEDUCTIBLE
i
RETENTION S
WORKERS COMPENSATIGN AND
E PtOVlStS IlNIBILITY
F��� A�
IS;rd4I. PRIONS Lrlbw
JE FE Mc
BATH, City
ttOrney
LILMTS
E.L.BACHACCIDENT
S
E L. DISEASE • EA EMnoY�
E,L. DISEASE - POLICY LIMIT
f
OTHER
DESCRIPTION Of OPOMT J OUT —MS —/WMLES I EXCLUSIONS ADM BY ENDORSEVAMT I NPWAL PR
*Sxcept 10 days cancellation for non payment of pret4i.tmL. Certificate holder
is named as an additional inured as respects the operations of the
insured as per the foam attached.
LriH�HIr�rrAHc N7VLUGR 1.JH9l ftLLAIHYIY
HVNT103 SNOULD AW OF THE ABOVE OESCROW POLICIES BE CANCELLED BEFORE THE EXPIRATION
OAT@ THEREOF, THE ISSUING NNSUm YELL emAYOR.TO MAL * 30 DAYS WIBTTEN
Ci ty of Huntington Beach, Its NOTICE 1O THE CERTMATE (OLDER 0NED TO THE LEFY. BUT FIW.URE TO DOSO SHALL
Agents, Officers 6 ELBployeas WON 140 08LIOATRHI ORtUMM OF ANT IQMO UPON THE aNSIRtER, ITS ALi M OR
Attn: Risk Management
2000 Malin PAPREWMATMO.
Huntington beach CA 92648 Al/TNORtZEDREPRN=SENTATNE 1! �Q
ACORD 25 (2001108) to ACORD CORPORATION 1988
03/24/2005 10:15 17148327208 APOLLO AGENCIES INC PAGE 03/04
This Endorsemert Modifies Your Policy
(ENWW&At Mmp*m UnWoa MCOW Data Shown Sato*
ADDITIONAL INSURED ENDORSEMENT
The Insurance afforded by this policy for "bodily injury," "property damage" and/or "personal injury' shall
also apply to the "addRlonai insured" lusted below for dais, sins, and/or denlages made against the
Additional insured." but only/ to the extent the "addkkxW Insured- Is being held responsible for the acts,
omissions and/or negkjence of the "f wned Ir red."
This fnsulrance afforded shalt not apply to claims, suits and/or damages arising out of the acts, omissions
and/or negligence of the "additkxW insureds)
The Inclusion of the "additlonai insurWW" shag not operate to increase the Company's Limit of Liability.
To the extent. If any, that this policy affords coverage to an "additional insured," the "additional insured" is
subject to all of the terms of the policy.
The obligation d the Company to provide coverage to an "additional insured" Is further limited by the
Interest of the "additional Insured" as defined below.
Interest of the Additional Insured(s) Defined:
I.ESWR
For the purpose of this endorsement, the "named insured" is the person(s) and/or party0es) designated on
Me Declarations Page of the policy or on any endorsement. The "additional insured' is the perso(s) and/or
partKles) Idereified below.
Identity cifA i' tnsuced(s):
ZM MIN ST., NUNTINGT SEACN, CA 9MQ
icon,pMte re a�alon it WOMO A" in added MAW policy is lxku- -)
lt1/'�iOa�9mzsgi moo- �tv ay
POUCY No. Er4*rsemm No. Endl Effective Data
Signstua hot. RepnlfenWlWa Ro tiewf4o.
AGENT WIN 180 (04/01)
Rpr 21 2005 9:02RM SJVIR O p.2
POLICYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO. CA 94142-0807
COMPlNISAT1 ON
I NSUrtANCC
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 04-12-200S
CITY OP HUNTINGTON REACH
ATTN. SISX XRNJLGM BNT DEPT.
2000 MAIN STREET
RUNTMWTON REACH CA 92640
GROUP: 000017
POLICY NUMBER: 131-200S
CERTIFICATE 1D: 6
CERTIFICATE EXPIRES: 04-01-2006
04-01-20OS/04-01-2006
This is to certify thet we have issued a vaid Walker's Compensation insurance policy in a forum approved by the California
Insurance Commissioner to the employer flamed below for the policy period indicated.
This poky is not subject to cancellation by the Fund except upon 30 days advance written notim to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior -to its nomrraf expiration.
This certir"s of insurance is not an insurance pokey W4 does not amend, eximc! or after the coverage ofladed by the
policy listed herein. Nolwithstandmg any r+equinemeni, term Or condition of any contrisd or other document with
respect to which this cerBifcate of Insurance may be Issued or to which It may pertain, the in:urance afforded by the policy
described herein is subject to all the terms. exclusions, arut conditions, of such policy.
Airrt'EO RE°RESENTI(TNE
PRESIDENT
ZWPLOYE$'S LIABILITY LIMIT INCLt7DING DEFENSE COSTS: $1.000,000 PER OCCURRENCE.
EMORSRKXNT #1700 - LARRY GILMORE - S=VDED.
ENDORSMONT #1700 - RE$ GILMORE - E$CLIIDED.
ENDORSSKSHT #2065 9WIT'LED CIRTIFICATB HOLDERS, NOTICE EFVZCTIYS O4-01-2005 IS
ATTACHED TO AND POP" A PART OF THIS POLICY.
EUPLOVER
GILHORE, LARRY (PARTNU) AND GILXORE,
REX (PARTNXR)
10449 ADAM AVE
HQ>ii'PINOWN SNACK CA 92646 [CES.CN)
SCJF 10282E A«RPt 8ds cw0cale oMtly you ass a fatal viMmwrk Owmods'OFFICW STATE FUr10IOCLAMENT' � EO: O?2006 F1.1
05/02/2005 14:51 17148327208 APOLLO AGENCIES INC PAGE 01/02
W
APOLLO AGENCIES, INC.
P.O. Box 11610, Santa Ana, CA 92711 714-832-2100 Fax 714-832-7208
Lic. #0394033
FAX V E
TO: Karen Fax No,: 714-374-1590 IIA
City of Huntington Beach o 2 20Q5
FROM: Kathy tail #/Pages: 2
Account Manager 'f Huntington Beach
kza i10a pol loins. net rney's oMce
Extension 269
DATE May 2, 2005
SUBJECT Monroe Pacific Wholesale Nursery
Commercial Package Policy #NPP892991
COMMENTS:
Attached is Evidence of Commercial Property Insurance.
Note; This message is intended for the use of the individual or entity to which it is addressed and may contain information that is confidential and privlleged and
exempt from disclosure under applicable law, If the reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this cornmunicstion is strictly prohibited. If you have received this communication in error, please contact the sender Immediately,
Thank you,
05/02/2005 14:51
17148327208 APOLLO AGENCIES INC PAGE 02/02
AC'EVIDENCE OF COMMERCIAL PROPERTY INSURANCE oP loADATE-
05/0DDlYYYY)
5 as 2005
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND
PRIVILEGES AFFORDED UNDER THE POLICY,
PROCUCERNAME,CONTACT No ExII: 714- 832-21 1 COMPANY NAME ANDAPDRESS NAIONo:
PERSON ANo ADDRESS �..
IAfC, Nol: 714-832-7208
Apollo Comm'1 Lin43—#t*`R4
Apollo Agencies, Inc.
P. O. Box 11610
Santa Ana _CA 92711 -
CODE: MONRO-2 SUB CODE;
A'CENCY — — - --
CUSTOMER ID 0:
NAMCDINSUREDANponroe Pacific Whls Nursery �Rnex & Larry Gilmore
10449 Adams Ave
Huntington Beach CA 92646
ADDITIONAL NAMED IN$URED(S)
Western World Insurance Group
400 Pa7rson's Pond Or,
Franklin Lakes Na 07417-2600
IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH
4UMBER POLICY NUMBER
_NPF892991
THE DATA EXPIRATION DATE
j__ CONTINUED UN1'fl.,
10/30/04 l 10/30/0S I ITERMINATED IFCHECKED
PROPERTY INFORMATION (Use additional sheets if more space is required)
OCATIONlDESCRIPTION Crrgea�•y $?�r en a grog o land— a
)i)1 Cc QL1 y citw (�llnY.ntiOn $
$n fjy ac,Tes o e b ou hesn Cali
L0449 E. Adams ornia B ison. Ins ewes lance.
:OVERAGE INFORMATION r_AI ieF nF I naA rewud RAmr Runen X aaaMAI nTI.aFR
COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE; A 5000 DED: 250
YES
NO
BUSINESS INCOME I RENTAL VALUE
I
If YES, LIMIT: Actual Logs Sustained E of manihs:
BLANKET COVERAGE
If YES, Indicato amount of Inaurence on propw les Idenllfled above: 3
ir,RRORISM COVERAGE
Attach signed D(acloRira Notice! DEC
is COVERAGE PROVIDED FOR "CERTIFIED ACT$° ONLY?
If YES, SUB LIMIT. DED:
IS COVERAGE A STAND ALONE POLICY?
ppES COVERAGE INCLUDE DOMESTIC TERRORISM? —
�.
R YES, LIMIT: + DED:
If YES, SUB LIMIT; OEM
if YES, LIMIT: DED.
COVERAGE FOR MOLD
MOLD EXCLUSION (If "YES"• specify organlzallon's form uznd)
RCPLACEMENT COST
AGRCED AMOUNT
—
f C311VsuRANCE
g
If YES, 90 %
FOUIPMENT BREAKDOWN (if Applirmble)
if YES, LIMIT: DED:
LAW ANO ORDINANCE Coverege for loss to undamaged portion a tmillding
If YES, LIMIT: DED:
Deln011tiOn Costa
R YES, LIMIT: DED:
Incr. Cast of Conatn,etion
RYES, LIMIT; DED:
EARTHQUAKE(If Applicable)
RYES, LIMIT: DED:
FLOOD (If Appurao;n) w
if YES, LIMIT: bED:
WIND IMAIL (it SgparalnPolicy)
11YES, LIMIT: DED:
PERMISSION TO WANE SUBROGATION PRIOR TO LOSS
it_mAKKS - )ncluaing Spewai GOnaltions. (Use auumonai seem IT more space is requirea
7root of xm,,—anCa on y.
J16 M RATH, City Attorney
)ANCELLATION
rHE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE
;OMPANY WILL GIVE: THE ADDITIONAL INTEREST IoEm-rwivo BELOW 10 GAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO
rHE P061CY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REWIRED BY LAW.
ADDITIONAL INTEREST
NAME
City of Huntington Beach, its
agents, officers, & employees
2000 Main St.
Huntington Beach CA 92648
H
MORTGAGFr_ H
AUTHORIZED REPRESENTATIVE elic� LOSS PAYEE
ACORD 2612003110) W ACORD CORPORATION 2003
LATE COMMUNICATION July 18, 2005
Dear Mayor Jill Hardy and City Council Members
Subject: Please Oppose Item E-4 from the Consent Calendar July 18, 2005
Monroe's Nursery is operating on the City owned river corridor property without a lease
since 1997 according to records provided by the City Clerk. The City declined to
execute the 2002 lease due to water quality concerns according to Staff's Report.
Discharges still exceed state regulations today according to Orange County Coast
Keepers reports.
Flooding is frequent adjacent to the city owned property. Glen Mar was built in 1965
with a 10 year flood frequency as reported on the Final Subdivision Public Report file no.
26034. The report states "it is the opinion of this office that the property is at present
subject to frequent sheet flow and inundation. The disposal of runoff waters arriving at
and originating within the tract will be dependent upon pumping facilities under the
jurisdiction of the City of Huntington Beach. Frequent is defined as one that occurs at
intervals of once in 10 years when averaged over along period of time". This district
area's flood management plan is not adequate by today's federal FEMA standards.
The Orange County Flood Facility District Map shows the district area east of the Santa
Ana River, west of Brookhurst St, south of Garfield, north of Adams, including the river
corridor properties, drains towards the city property adjacent to the Santa Ana River
north of Adams, into the storm drain facility at Carmenia, through a culvert under Adams
Ave to the pump facility in Meredith Gardens. During heavy sustained rains the storm
waters water back up and the Glen Mar residents experience flooding.
The City owned property was the Talbert Water Reservoir when Glen Mar was built.
The Army Corp of Engineers finds the property US Topo-mapped as the Talbert Water
Reservoir. City records identify the property as the Old Talbert Water Reservoir and City
Yard Dump. Glen Mar Residents report Public Works filled the reservoir as a City Yard
Dump, the residents complained for many years and finally filed a class action lawsuit.
The City then agreed to discontinue using the property as a dump but the fills were
never removed and the nurseries moved in. Did the City receive a federal permit to
landfill this river corridor for the City Dump or Monroe's Nursery?
Residents flood through their backyards on Carmenia Street where the city owned river
corridor property grade is high. They flood thru their front yards where the city's storm
facilities fail to adequately service the stormwaters. On Oct 17, 2005 houses were
flooded with bacteria laden muddy stormwaters, cars were lost, one person broke out in
a blood red full body rash over a month from wading in polluted floodwaters chest high in
an attempt to save his car. This is more than just a nuisance.
Flood frequencies at this location do not meet federal mandates. Water quality
discharges do not meet state mandates. The Army Corp of Engineers issued a Notice of
Violation to Edison for landfilling the river corridor north of Atlanta for Hiro's Nursery.
This is now a city problem.
`1
� %Z d A17A7 Gem JI L,4�-j7
Please Oppose Consent Item E-4 and consider the following alternative actions:
1. Deny execution of any nursery lease to Monroe's Nursery due to continued water
quality violations and flooding problems. This lease is not exempt from
environmental review under CEQA and the city should conduct an initial study to
determine whether Monroe's Nursery activities under the lease will have a significant
impact on the environment, impacts of (but not limited to) discharging excessive
quantities of water pollutants and sediments and flooding from where the grades are
high as new evidence now indicates. OCCK has conducted water quality samplings of
all the nurseries in HB and found them discharging excessive water pollutants, Monroe's
Nursery included and residents experience flooding through their backyards as reported
to the Environmental Board December 2, 2004.
2. Deny execution of the 2002 nursery lease with findings that the 2002 lease
represents a substantial change in project in that it expands the project area by 40%
from CUP 85-23's approved 2.75 acres to include an additional to 1.25 acres (The City
Dump Area) for a total of 4 acres. The environmental impacts of expanding the Nursery
Project by 40% onto the City Yard Dump area have not been environmentally assessed
and therefore the City must provide for a public environmental review pursuant to CEQA
prior to the execution of this lease agreement and/or permitting Monroe's nursery
operation onto the City Yard Dump area.
3. Execute Code enforcement of CUP 85-23 and initiate orders to Monroe's Nursery to
vacate their unauthorized occupation of the 1.25 City Dump Area.
4. Provide a specific watershed plan with environmental review to bring the city owned
river corridor watershed and the adjacent residential flood management plan into
compliance with state and federal mandates.
5. Provide approved grade elevations, specific BMP's, grassy swales, adequate wet
weather treatments and on site water quality monitoring stations to monitor river corridor
water quality to ensure clean water discharges from the city owned river corridor
properties.
6. Evaluate the river corridor property for potential use as a natural water quality
treatment facility / conservation greenway to treat river corridor runoff and consider
installing a pump station at this river corridor drainage location for discharge into the
Santa Ana River to improve 10 year flood frequencies and meet FEMA mandate
requirements.
7. Consider partnering with the Orange Coast River Park to make this city owned river
corridor property a SA River Parkway in Huntington Beach. Funding opportunities are
available.
Thank You!
Merrilee Madrigal
10231 Cliff Drive
Huntington Beach, CA. 92646
merrilee _sarc-hb.o[g 714 317-1279
HB River Park Foundation President
Cc City Administrator Penelope Culbreth-Graft
City Attorney Jennifer McGraff
Rose Zoia
Cory Briggs
Consent Item E-4 July 18, 2005.doc
Hard Copy Attachments for Council Members available upon request from City Clerk
CUP 85-23 for 2.83 acres (not 4 acres as E-4 lease is written)
Monroe's 1991 lease (expired 1997)
Staff's Report on the proposed 2002 lease denied in 2003 due to Water Quality Concerns
OCCK Letter regarding River Corridor Nursery Violations
Glen Mar's Final Subdivision Public Report on Flooding and Drainage
OC Flood Facility District Map of Storm Drain Facilities
Topozone Map of River Corridor Water Reservoir
HB Sectional District Map 5-6-10 of River Corridor Water Reservoir
CUP 85-23 Documents identifying the Talbert Water Reservoir
CUP 85-23 Approved Plot Map identifying the City Dump Area
2004 Photographs of Flooding & Water Quality
Environmental Board Meeting — Flood Review Notice December 2, 2004
2004 CRUMP Plan identifying Santa Ana River Planning District Opportunities
HB General Plan's Santa Ana River Conservation Planning Elements
COE NOV to Edison
COE NOV to Hiro's Nursery
Page 1 of 1
Jones, Dale
From: Merrilee Madrigal [merrilee_madrigal@hotmail.com]
Sent: Monday, July 18, 2005 9:15 AM
To: Jones, Dale; pesparza@surfcity-hb.org
Cc: Penelope Culbreth-Graft; Jennifer McGrath; Rose Zoia; Cory Briggs
Subject: Late Communication Consent Item E-4
Dear City Clerk's Office and City Council Members,
Please find the attached Late Communication in Opposition to today's City Council Consent Calendar Item E-4.
There are numerous attachments for the Late Communication unavailable in electronic form, therefore I will attempt to provide
them all in hard copy by 12:00 noon, if time permits, for inclusion with this electronically delivered late communication.
Thank You!
Merrilee Madrigal
7/18/2005
Page 1 of 1
Jones, Dale
From: Merrilee Madrigal [merrilee_madrigal@hotmail.com]
Sent: Monday, July 18, 2005 10:59 AM
To: Jones, Dale
Subject: Late Communication E-4
Late Communication Item E-4 July 18, 2005 Monroe's Nursery Lease
From: Teddi Hart
Sent: Wednesday, December 01, 2004 6:10 PM
To: 'merrilee madrigal@h. otmail.com_.'
Subject: HB Environmental Board Meeting - Flood Review - Monroe's Nursery
I have lived at 19892 Carmania Lane, Glen Mar tract, since 1992.
My house backs up to the Monroe Nursery
Unlike my neighbors, fortunately I have drainage from my backyard out to the front. If I hadn't my house would have been flooded
during the October rain. My next door neighbor wasn't as lucky. The water came in through the back of her house through the
living room and into the dining room. All the floors on the first floor of her house were damaged.
The water out front came within 8' of my front door. The cars parked on the street had water half way up the inside of the cars.
This happened to 2 of our cars in the past 5 years. The waters force was so strong that it lifted a full lawn garbage bag of wet
grass cutting up from the curb to within 6' of the front of house.
The serious threat of flood into the house has happened 2 - 3 times in the past 5 years. However, whenever we have a significant
amount of rain the waters are usually above the curb. It seems that the drainage on our street cannot keep up with the flow. Also,
the water off Adams (heading west) sweeps around the bend at Ranger and we get additional water flow from there. This happens
whenever there is a significant amount of rain.
As an aside regarding the Monroe Nursery. During the dry months when they water they leave a foot wide ditch of water sitting
until the rains start. I have 2 issues with this, one the water seeps into my backyard and forms puddles (just to show how much
water there is) and two it is a breeding ground for mosquitoes. Perhaps you can have them address this issue. Other then that,
they're fairly good neighbors.
Thank you for your attention,
Teddi Hart
7/18/2005
Page 1 of 1
Jones, Dale
From: Merrilee Madrigal [merrilee_madrigal@hotmail.com]
Sent: Monday, July 18, 2005 11:13 AM
To: Jones, Dale
Cc: Merrilee Madrigal
Subject: Late Communication Item E-4 Monroe's Nursery
711
7/18/2005
Page 1 of 1
Jones, Dale
Please include this email with attached photographs as Late Communication with Attached Photographs for City Council Consent
Calendar Item E-4 July 18, 2005. It communicates and shows images of the flooding adjacent to Monroe's Nursery. Thank you,
Merrilee Madrigal.
---- Original Message -----
From: Teddi Hart
To: merrilee_ mad rigal a)hotmail_ com
Sent: Monday, February 21, 2005 1:29 PM
Subject: FW: HB Environmental Board Meeting - Flood Review - Monroe's Nursery
Merrilee,
These are pictures taken today. This flood happened within a 2 hour period approx 6:30 am — 8:30 am.
I've sent you a before and after picture so you can see how bad it gets here.
Teddi Hart
' Vanishing Clouds, Inc.
Techonology Solutions, for- Small Business
7/18/2005
LATE COMMUNICATION July 18, 2005,
Dear Mayor Jill Hardy and City Council Members Luj
Subject: Please Oppose Item E-4 from the Consent Calendar July 18, 2005
Monroe's Nursery is operating on the City owned river corridor property without a lease
since 1997 according to records provided by the City Clerk. The City declined to
execute the 2002 lease due to water quality concerns according to Staffs Report.
Discharges still exceed state regulations today according to Orange County Coast
Keepers reports.
Flooding is frequent adjacent to the city owned property. Glen Mar was built in 1965
with a 10 year flood frequency as reported on the Final Subdivision Public Report file no.
26034. The report states "it is the opinion of this office that the properly is at present
subject to frequent sheet flow and inundation. The disposal of runoff waters arriving at
and originating within the tract will be dependent upon pumping facilities under the
jurisdiction of the City of Huntington Beach. Frequent is defined as one that occurs at
intervals of once in 10 years when averaged over a long period of time". This district
area's flood management plan is not adequate by today's federal FEMA standards.
The Orange County Flood Facility District Map shows the district area east of the Santa
Ana River, west of Brookhurst St, south of Garfield, north of Adams, including the river
corridor properties, drains towards the city property adjacent to the Santa Ana River
north of Adams, into the storm drain facility at Carmenia, through a culvert under Adams
Ave to the pump facility in Meredith Gardens. During heavy sustained rains the storm
waters water back up and the Glen Mar residents experience flooding.
The City owned property was the Talbert Water Reservoir when Glen Mar was built.
The Army Corp of Engineers finds the property US Topo-mapped as the Talbert Water
Reservoir. City records identify the property as the Old Talbert Water Reservoir and City
Yard Dump. Glen Mar Residents report Public Works filled the reservoir as a City Yard
Dump, the residents complained for many years and finally filed a class action lawsuit.
The City then agreed to discontinue using the property as a dump but the fills were
never removed and the nurseries moved in. Did the City receive a federal permit to
landfill this river corridor for the City Dump or Monroe's Nursery?
Residents flood through their backyards on Carmenia Street where the city owned river
corridor property grade is high. They flood thru their front yards where the city's storm
facilities fail to adequately service the stormwaters. On Oct 17, 2005 houses were
flooded with bacteria laden muddy stormwaters, cars were lost, one person broke out in
a blood red full body rash over a month from wading in polluted floodwaters chest high in
an attempt to save his car. This is more than just a nuisance.
Flood frequencies at this location do not meet federal mandates. Water quality
discharges do not meet state mandates. The Army Corp of Engineers issued a Notice of
Violation to Edison for landfilling the river corridor north of Atlanta for Hiro's Nursery.
This is now a city problem.
Please Oppose Consent Item E-4 and consider the following alternative actions:
1. Deny execution of any nursery lease to Monroe's Nursery due to continued water
quality violations and flooding problems. This lease is not exempt from
environmental review under CEQA and the city should conduct an initial study to
determine whether Monroe's Nursery activities under the lease will have a significant
impact on the environment, impacts of (but not limited to) discharging excessive
quantities of water pollutants and sediments and flooding from where the grades are
high as new evidence now indicates. OCCK has conducted water quality samplings of
all the nurseries in HB and found them discharging excessive water pollutants, Monroe's
Nursery included and residents experience flooding through their backyards as reported
to the Environmental Board December 2, 2004.
2. Deny execution of the 2002 nursery lease with findings that the 2002 lease
represents a substantial change in project in that it expands the project area by 40%
from CUP 85-23's approved 2.75 acres to include an additional to 1.25 acres (The City
Dump Area) for a total of 4 acres. The environmental impacts of expanding the Nursery
Project by 40% onto the City Yard Dump area have not been environmentally assessed
and therefore the City must provide for a public environmental review pursuant to CEQA
prior to the execution of this lease agreement and/or permitting Monroe's nursery
operation onto the City Yard Dump area.
3. Execute Code enforcement of CUP 85-23 and initiate orders to Monroe's Nursery to
vacate their unauthorized occupation of the 1.25 City Dump Area
4. Provide a speck watershed plan with environmental review to bring the city owned
river corridor watershed and the adjacent residential flood management plan into
compliance with state and federal mandates.
5. Provide approved grade elevations, specific BMP's, grassy swales, adequate wet
weather treatments and on site water quality monitoring stations to monitor river corridor
water quality to ensure clean water discharges from the city owned river corridor
properties.
6. Evaluate the river corridor property for potential use as a natural water quality
treatment facility / conservation greenway to treat river corridor runoff and consider
installing a pump station at this river corridor drainage location for discharge into the
Santa Ana River to improve 10 year flood frequencies and meet FEMA mandate
requirements.
7. Consider partnering with the Orange Coast River Park to make this city owned river
corridor property a SA River Parkway in Huntington Beach. Funding opportunities are
available.
Thank You!
Merrilee Madrigal
10231 Cliff Drive
Huntington Beach, CA. 92646
merrilee _sarc-hb.org 714 317-1279
HB River Park Foundation President
Cc City Administrator Penelope Culbreth-Graft j(j j ; " n,
City Attorney Jennifer McGraff
Rose Zoia
Cory Briggs
Consent Item E-4 July 18, 2005.doc
Attachments for Council Members and File Record
E4-1 Environmentals for CUP 85-23, Neg Dec 85-24 for 2.75 acres CA
;/E4-2 CUP 85-23 for 2.83 acres (not 4 acres as E-4 lease is written) r--
�/ 4-3 Monroe's 1991 lease (expired 1997) -1,Q
4-4 Staffs Report for E-4 lease for 4 acres, denied in 2003 due to Water Quality Concerns
4-5 OCCK Letter regarding River Corridor Nursery Violations
4-6 Glen Mar's Final Subdivision Public Report on Flooding and Drainage
E4-7 OC Flood Facility District Map of Storm Drain Facilities
Q E4-8 HB Sectional District Map of Storm Drain Facilities
�E4-9 Topozone Map of River Corridor Water Reservoir
�E4-10 HB Sectional District Map 5-6-10 of River Corridor Water Reservoir
.,/E4-11 CUP 85-23 Documents identifying the Talbert Water Reservoir
N/E4-12 CUP 85-23 Approved Plot Map identifying the City Dump Area
VIV-4-13 2004 Photographs of Flooding & Water Quality-i3
v/E4-14 Communications from Resident Teddi Hart 1- 3
VE4-15 Environmental Board Meeting - Flood Review Notice December 2, 2004
V,64-16 2004 CRUMP Plan identifying SA River Planning District Opportunities i —S
0 E4-17 HB General Plan's Santa Ana River Conservation Planning Elements
/4-18 COE NOV to Edison as it pertains to landfills within the SA River Corridor Z
V - '-19 COE NOV to Hiro's Nursery as it pertains to landfills within the SA River Corridor
n0l imudld, LT+ am►lad
Flailing Addre
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2.5
2.6
2.7
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Attach'a map indicating the location,
trees located on
the site. Indicate
type and size of
trees ":to be" removed
project.
Water Quality
aY
Does any portion'of-the
project"abut
estuaries, bays,
tidelands, or inland
b)
Deacribe haw the
project' will- pffact
♦ t ]e amoun t
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and the
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4,
.ype and eite bf
glow the number;
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i
'encroachon be&tchea,
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y body of water.
A nd list air
s of pollutants
urces c., :1Y
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vct: 1„'aitail lei �,
fur menanc t}'ptcai
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5.0
Mitigating Measures
5.1
Are there measures included in'.
nonrenewable resources �eq.,el
Pleam,e describe.#
5.2
Are there measures included in
or enhance flora and fauna?. , P4
5.3
Are there measure] proposed in
reduce noise pollutions Please
Mu�t�Ret� �R-�►�.
5.4
Are there Measures propose in
(e.g.architectural treatment a
been coordinated with design of
minimize visual effect? =-;Meese
�'4t��,si`1Fn�'t� a1
S.5
Are there measures proposedrrin
reduce -water pollution?-: Please
,
5.6
d "'
it" there measures propose%whi
List a;W—,Air Pollution Control
Nam'
5.7 A
d
6.0 _. 11A
there,measures or
ilitate resource r
q. solar heating,
C l Y OF NUN r I NGI ON BEACH
1-.4 A, STUDY OF ENVIRONMENTAL IM A.
1. BACKGROUND
1. Applicant Steve Hall & Toni Woodson Address 15161 Van Buren
Midway Cil}%; Z'Tt`9ZG5`, Telephone 89i-Ok98
4. Nro�Qct Locaiiun NgKth_of.Adams bounded by Carmania & the Santa Ana River.
or h. Prn t Titlejltescript+t,` V7holesale growing grounds_of c+mmercia ornamental
b. Ddt0 June- I r 1985 . _ � _ plants.
1 1 . LNV16NMLNTAL 1IMPACTS: 'J xpidnations of all "YE ," and "Maybe" answers are renuir;-!d
on ttached sheet;.
1. Ph scal Lnv.ironment: Will the project have a signtfitant impact on the physical
env ment wit respect to: a) hydrology, b) air qual ty, r.) geology, d) flora and
faun, e) noise, f) archaeological/historical. Yes Maybe. No. X Other _
2. Im aCt of Environment on Project: Will the project he subject to impacts from the
surrounding environment? i.e., natural environment; manmade environment. Yes
Maybe No x
3. ImpaCts on Public Services: Will the project have a sigriificant:'impact upon, or re-
su tiin a need for a new cr altered government service J n any of:the following
areat: fire, police, schools, parks or other governmental agencies. Yes
Maybe _ No x
4. Impa is on Traffic/Circulation: Will project result In --:substantial vehicular move-
T
mentl or impact surrounding circulation system, or increase traffic hazard? ,Yes
Maybe No X
5. Wilifthe project result in a substantial alteration or gave a negative affect on
the xisting: land use, population/housing, energy/utilities, natural resources,
Imam . hea 1 th? Yes _ Maybe __ No XX
n. Othell potential onvironunental impacts not discussed above (see attached sheet).
ill. OTHER RESPONSIBLE AGENCIES AND/OR PERSONS CONTACTED
( See Attached (XXX) Not Applicabie
IV. MANDATORY FINDINGS OF SIGNIFICANCE:
2. Will roject achieve short-term goals t
god I s Yes ^ Maybe ____ No X
3. Does,he project have impacts which are
consz terable? Yes ^ Maybe ____ No X
V. DETERMINATION
{ )INegative Declaration
o
the disadvantage of long-term environmental
individually limited but cumulatively
edative Declaration With Mitigation F-
nvironmental Impact Report
lg A S S iGNATURE 4 aLs-
t
STANDARD MITIGATING WASURES
1. Natural gas and 220V electrical shall be stubbed in at the location of
`r clothes dryers.
_ 2. Natural gas shall be stubbed in at the locations of cooking facilities, water
heaters, and central heating units.
3. Low volume heads shall be used on all showers.
4. All building spoils, such as unusable lumber, wire,, pipe, and other surplus
or unusable material, shall be disposed of at an offsite facility equipped
to handle them.
5. 1 e structures on the subject property, whether attached or detached, shall be
o trusted in ccmpliance with the state acoustical.sstandards set forth for units
that lie within the 60 CNEL contours of the propert.-y.; The interior noise levels
of all dwelling imits shall not exceed the Califorriaa insulation standards of
45 dba CNEL. Evidence of compliance shall ccmist.of.'suL-mittal of an acoustical
analysis report, prepared under the supervision of 4`person e:periernced in the
field of acoustical engineering, with the application for building permi.t(s) . All
measures recommended to mitigate noise to acceptabie levels shall be incorporated
into the design of the project.
T 6. 11 lighting is included in the parking lot and/or recreation area energy efficient
14iops shall be used (e.g. high pressure sodium vapor,: metal ha ide). All outside
lighting shall be directed to prevent "spillage" 6ii6adjacent properties.
7. Atdetailed soils analysis shall be prepared by a registered soils engineer. ibis
analysis shall include on -site soil sampling and laboratory testing of materials
tC' provide detailed reccu endations regarding grading chemical and fill properties,
f4jndations, retaining wails, streets, and utilities.
8. I foil -type insulation is to be used, a fire retardant type shall be installed
approved by the Bui-ding Department.
9. dengineering geologist shall be engaged to submit a report indicating the
ground surface acceleration fran earth movement for the subject property. All
structures within this development stall be constructed in compliance with the
g-factors as indicated by the geologist's report. Calculations for footings and
structural members to withstand anticipated g-factors, shall be submitted to t]:.e
ty for review prior to the issuance of building permits.
ah for silt cntirol "fc�r all 'storm runoff from the property during construction
during initial operation of the project shall be submitted to the California
anal rater lit Control Heard staff for their review prior to the issuance
Iniormation on equipment or facilities which may generate air pollutants shall be
sutxnitted to the South Coast Air Quality management: District staff for their review
prior to the issuance of a Certificate of Occupancy for any use within the building.
..
13.
I
REQUEST FOR PUBLIC RECORDS
•t . , Rate: DGAo3JL".f- .z 0''
Name of Requestor:
Address:
Phone Number: 11P4__L31I`-' 1,27!3
Description of Records Being Requested: r
Number of Copies Needed: —.L Date by hich Recddsare Needed: Nw. 51� or &aw.
(Please note, there is a cost per page associated with copying)
-Thank. L W
Referred to:
Department
Date:
Received by: Date: Completed:
Assigned to: Time Spent:
Time Spent Assisting Requestor (SB 90 Reimbursement):
Cost: Date Delivered:
City Attorney's Office Approval:
FAX Back to 714 374-1590
0
DAT :
SUBJECT:
APPLICANTS:
REQUEST:
LOCAION:
ACRE `GE:
r.
huntington beech development services
tT
department
$lan in m fission
�ervzces
eve'io p�er��
June 18,1 1985
CONDITIONAL USE PERMIT NO.
85-23/A`EGATIVE DECLARATION
NO. 85-2A4
Timothy Woodson and
DATE. ACCEPTED:
Steve j4all
May,iTp,^1995-
15161 Vah Buren
Midway C�fty, CA 92655
MANDATORY PROCESSING DATE:
Ju V- r
To establish a wholesale
nursery kithin an R1 zone.
ZONE:: Rl
Abutting the west side of
GENERAL PLAN: Low Density
the Santa Ana River, 250
Residential
feet north of Adams
(Gztywnedrot=rty.'
EXISTING USE: Vacant
2.83 acres
TED ACTION
Approve Conditional U$e Permit No. 85-23 based" n the findings and
conditions of approval outlined in Section 6.0,of this report.
2.0 GENERAL INFORMATION:
Conditional Use Permit No. 85-23 is a request"to`estaulish a wholesale
nurs y pursuant to S c. 9331.1 of the Huntington Beach Ordinance Code
on a° .83 acre vacantsite owned by the City of Huntington Beach. The
sub ject property is a6roximately 250 feet north of Adams Ave:.ue
adjacent to the west aide of the Santa Ana River, and within an Rl,
Sing Family Residential district.
3.0 URROUNDING LAND tSEr ZONING AND GENERAL'PLAN DESIGNATIONS:
North 'of Subject Prope ty:
GENERAL PLAN DESIGNATI N: Low Density Residential
ZONE: Rl
LAND USE: Single family residential/Southern
California Edison Right -of -Way
V
_. -._.-
F4 -.?. 3
o
East Of Subject Property:
GENEA L FLAN DESIGNATION: Low Density ResidE►tial
ZONE:; R1
LAND USE: Flood Control Change (Santa Ana River)
South of Subject Property:
i
S
GENERAL PLAN DESIGNATION: Low Density Residential
ZONE:t Rl
LAND DSE: Vacant/City-operated temporary dump area
West of Subject Proper Ity:
GENER L PLAN DESIGNATION: Low Density Residential
ZONE:RI
LAND USE: Single Family Residences
4.0 INVIRONMENTAL STATUS:
Pursuant to the California Environmental Quality Act, the Department
of Development Services posted draft Negative Declaration No. 85-24
for t n days, and no comments, either verbal orwritten were
receied. The staff, din its initial study of the project, is
recomfiending that a ne ative declaration with mitigation measures be
issued for Conditional:Use Permit No. 85-23. Prior to any action on
Conditional Use Permit, -No. 85-23,_ t> is necessary for the Planrtirr .
5.0 ISSUES AND ANALYSS: J
The 4plicants are protosing a wholesale nursery;on a portion of a
vacant site currently Owned by the City of Huntsngton Beach, abutting
the Snta Ana River, w thin a single-family residential zone. The
site s 4.33 gross acres and rectangular in shape; the northern 2.83
acres will be occupied by the applicants. (.hi,s proposal is an
expanOion of their preciously approved, not yet'operatinS, wholesale
nurse`y (Conditional Use Permit No. 85-6) on the."vacant Southern
California Edison R-O-W property to the north..i`;A variety of plants
and tees will be grow mainly for wholesale purchase by Pla:its Etc.,
a jobber facility in Midway City owned by the applicants. No retail
sales are proposed on ite.
Singl 'family residences to the west and northa=re buffered by a six
foot igh block wall. The applicant intends to -install a chain link
fence ith a gate to d elide their wholesale nursery from the
City- perated temporar dump area to the south. This area is for
tempotiry dumping by sireet sweepers which is periodically removed.
The x maining portion f the site will be secured_ by chain link
€enci g.
Vehic tar access tc the site is provided by a dirt road which
travep es the dump are near the Santa Ana River ,connecting the site
Staff, sport - 6/lA/85 -2- (2687d)
Eu--�•'
with ,the Adams Avenue frontage road. In additip;n, access to the
applicants northerly Southern California Edison R-O-W site will be
gain through this site.
Other site improvements include the use of gra'Vel for ground cover to
reduce dust, installation of a 11,250 square foot shade house, 3,456
square foot greenhouse, and 200 square foot portable office. The
shade house will be centrally located near the' west side of the site
and Constructed with shade cloth spread over the'steel posts connected
by wi';es. The greenhouse will consist basically of tubular steel
frami;g with clear poly coverings.
The main issue is whether or not the proposed nursery will be
compatible with adjacent residential uses. Excessive noise will not
be generated by the proposed use since all on -site stock movement will
be via electric carts, not tractors or other heavy machinery. A
maximum of three employees will be on -site for maintenance purposes.
Truck.loading and unloading will take place 200.'feet away from the
residences along the east side of the site. Traffic along the Adams
Avenue frontage road will increase slightly duet'to trucks gaining
access to the site from Adams Avenue. Staff recommends designated
hours and days of operation, delivery and pick up be imposed in order
to mi imize the impact on the adjacent residents l areas.
Dust will be controlled by the use of gravel ground cover. Insect
control will be done by biodegradable systemic -insecticides mixed into
the soil of each potted plant and tree. This eliminates the need for
spraying. A permit from the Orange County Agricultural Commissioner
is re aired for most systemic insecticides to assure proper storage,
appli`ation and container disposal.
Staf f=believes the proposed wholesale nursery can be compatible with
the adjacent residential uses because it is smallscale and not for
retail,, purposes. The imposed conditions limiting hours of operation
and requiring plant matyerial setbacks from residential properties will
assure' that the nursery - operation is conducted . n a manner harmonious
with tie residences. In addition, the use will provide greater
security and separation for the residences from the Santa Ana River
area.
6.0 RtCOMMENDATION: °Ii
Staff-,ecommends that tie Planning Commission approve Conditional Use
Permit -No. 85-23 and Negative Declaration No. 85-24 based on the
follow ng findings and conditions:
Findings for Approval:
1. The proposed nursery is compatible with existing uses
vicinity because it is small scale and.for wholesale
only.
Staff ,'-port - 6/18/85 z -3-
in the
purposes
(2687d)
ELV 1.5
2. The conditions of approval will assure that the proposed
nursery will not have a detrimental:effect upon the general
health, welfare, safety and convenience of persons residing
in the neighborhood, nor be detrimeh.tal to the value of the
property and improvements in the neighborhood.
3. The proposed nursery is consistent tith the goals and
objectives of the General Plan. "'
�4. Access to and parking for the proposed use will not create
undue traffic problems because the i.se is wholesale and not
open to the public.
Coni+itions of Approval;
1. The conceptual site plan dated June 13, 1985, shall be the
approved layout.
2. The greenhouse shall be setback at least 20 feet from the
westerly block wall and shall not exceed 15 feet in height
open on all sides.
3. The site and access road shall be maintained with gravel
ground cover or other suitable material to control dirt and
dust.
a. An asphalt paved driveway transition from the driveway
apron to a distance and width to"the satisfaction and
specifications of the Public Works Department.
4. All soil amendments or planting mix material shall be kept
damp as to not blow onto adjacent properties. All such
material shall not be stacked over a height of six (6) feet
and shall not be stored within 20 feet' of the westerly or
northerly property lines.
'5. The taller and larger plant materials. shall not be stored
within twenty (20) feet of the residential properties to the
nest. Lower growing trees and shrubs only shall be permitted
within 20 feet of these residential properties, shall be no
higher than one (1) foot lower than the top of existing block
wall.
Chemical spraying of plant materials is prohibited. Plant
watering shall be done in such a manner to prevent water from
flowing into the residential area.
There shall be no activity, nor deliveries, including
maintenance, between the hours of 8:00 P.M. and 8:00 A.M. on
weekdays, excluding holidays. On weekends or holidays, there
shall be no activity whatsoever otter: than general
maintenance.
Staf Report - 6/18/85 -4- (2687d)
E4 2►(v
a. No retail activity or sales to theepublic shall take
place on the property.
8+ All vehicles operating within the nursery shall not exceed
speeds of tenE(10) miles per hour.
9 Outside phonealarms, intercoms, and loudspeakers are
prohibited.
M Any yard lighting proposed shall be directed away from
adjacent residential properties.
11 Any proposed signing shall conform to Article 976 of the
Huntington 8eeh Ordinance Code.
x
12 Proposed portable and permanent officeand storage buildings
(including storage bins) shall be located within fifty (50)
feet from the east property line, and ubject to review and
approval by the Director of Development Services.
i
I36 All chemicals used or stored at the subject site shall be
approved by the Orange County Agricultural Department, as .
required by law.
14ia aplicat shall a� ai��� flan big fie.
D a "t eir n� �� r y approval, pr1or`3 o E�
ark gadl o f=sti�an or +hatge if drartage `�'
15 This Conditional Use Permit is subject' `to annual review. Any
violation of the conditions of this report or applicable
zoning laws may be cause for revocation of this Conditional
Use Permit.
7.0 i.TERNATIVE ACTION:
The Planning Commissio ;may choose to take the following alternative
actin
Deny nditional Use Pdrmit No. 85-23 based on tpe following findings;
I The proposed Obrsery will have a detrimental effect upon the
general healtq, welfare and safety of persons residing in the
neighborhood and will be detrimental t.6 the value of the
2.1 surrounding properties.
The proposed nursery is not compatible with existing uses in
the vicinity.
3. Access to the proposed nursery will generate additional
traffic in the residential neighborhood.;
staff leport - 6/18/85 -5- (2687d)
f
r
"It LW -1 V-L 47 14 L -; AC I-
/00
/to (
k-- - J, -1-3spa 1
Y--r-5, T - C HAW
ris4v t F-
't 17
--7 IV -
2
8S
citi oject. Mike Adams of staff stated that a minimum age as a
conditio ld provido that assurance. Chairmen Livengood asked
staff What w happen if they rented to people 'under the age
requirement. M1 dams stated that they could have their
conditional use per. evoked. Commissioner E skine s
continuance in order t side the Commission.`n ty to
review public testimony an erns of the on.
A MOT10N WAS MADE BY ERSKINE AND S PORTER TO CONTINUE
CONDITIONAL USE PERMITINO. 85- AT ACT:NO.
12268/CONDITIONAL EXCEPTIO 5-27/COAST I ELOPMENT PERMIT NO.
85-7/NEGATIVE DECLARAT 84-34 - "Palm Cou THE JULY 2,
1985 PLANNING COMM MEETING BY THE FOLLOWING V
AYES 1 , Schumdcher, Livengood, Erskine.j Porter, M ngir
NOES , ne
ABSE Winchell it
A None
C-6 CONDITIONAL USE JERMIT NO. 85-23
Timothy Woodson nd Steve Hall
Conditional Use Permit 'No. 85-23 is a request``°=establish a
wholesale nursery on a 2.83 acre vacant site oW6 d by the City of
Huntington Beach. TheIdjacent
subject property is approximately 250 feet
northt f Adams Avenue to the west side;:of the Santa Ana
River and within an RlJ Single Family Residential district.
i'
THE PUBLIC HEARING WASOPENED
Mary Ourietta, adjacent property owner, spoke itn`,opposition to the
City'8 use of the land stating that the area sh-olUld be cleaned up
before it is used.
Ron Ferri also spoke J opposition in regards to the City dumping
waste there and the trtick traffic.
John
yard
probl
Steve
proje
basis
the t
There
the Pi
Chair
conce
appro
proje
t2796d
en spoke in opposition to the project stating that his back
lily floods ande feels that the nursery will worsen the
due to waterincf every day.
311 and Timothy Woodson, applicants, spok+e;in support of the
They stated that they would not be watering on a daily
id also the plants are in containers. They also stated that
A usage was limited.
ire no other persons to speak for or against the proposal and
lic hearing was dosed.
i Livengood aske staff what had come before the Commission
ng this area. Mike Adams of staff stated that they had
I a similar project adjacent to this locat{ion and that this
was an expansion of that previous approval,.
-11- P.'C. 6-18-85
S,• "k 9t�'J
m
NOW M
k
e
i
Commissioner Frskine Asked staff what the additional operation would
be. )Mike Adams of staff stated expansion would provide additional
growing space. Commissioner Erskine asked wh,cit.the major concern of
the public was, Ron Ferri, public speaker, stated that the concern
of the neighbors was ithe mess left there and the truck traffic.
Commissioner ERskine Ptated that the applican,t'.would eliminate these
problems. Ron Ferri stated that the City dump's trash there. me
stated that he would support the project if th. city would clean up
the area. The Commission asked for staff s ruction. Mike Adams of
staff stated that this area is used for dumping and he would have to
check with Public Wor's. Commissioner Porter requested that a
condition be made stating that prior to the is''suance of permits the
land owner shall clean up the debris.
A MOTION WAS MADE BY tRSKINE AND SECOND BY PORTER TO APPROVE
CONU4TIONAL USE PERMIT NO. 85-23 WITH CONDITIONS BY THE FOLLOWING
VOTE:
AYES: Rowe, Schu acher, Livengood, Erskiha, Porter, Mirjahangir
NOES1 None
ABSENT: Winchell ,
ABSTAIN: None
MOTIONED PASSED "
Findings for Approval.
.,
The proposed 'nursery is compatible with existing uses in the
vicinity because it is small scale anl:'for wholesale purpose.,
only.
2. 'The conditions of approval will assure that the proposed
r►ursery will not have a detrimental effect upon the general
health, welf re, safety and convenience of persons residing
in the neighborhood, nor be detrimental to the value of the
property andimprovements in the neighborhood.
k :l
2
The proposednursery is consistent with the goals and
objectives of the General Plan.
Access to and parking
undue traffi #problems
open to the public.
101
for the prop
because the
"use will not create
s wholesale and not
The conceptual site plan dated .Tune l'�y 1985,
approved layot.
shall be the
The greenhous shall be setback at least 20 feet from the
westerly block wall and shall not exceed 15 fect in height
(2796d-12- P.C. E-18-85-��
i
}1 t
3.
4.
5.
6
7.
8.
9.
10.
11.
12.
13.
(2796d)
r
k'The site and
ground cover
dust.
a. An asphalt'
apron to a
specificati
' Al l soil amendm�
damp as to not t
material shall r
and shall not bE
northerly proper
The taller and ]
within twenty (;
west. Lower grc
within 20 feet c
higher than one
wall. E
,Chemical sprayir
`watering shall Y
.flowing into th€
There shall be r
maintenance, bet
weekdays, excluc
shall be no acts
;maintenance.
a. No retail a
place on th
All vehicles ope
speeds of ten (1
Outside phone al
prohibited.
,Any yard lightin
adjacent residen
y Proposed sig
ntington Beach
proposed portabl
including stora
eet from the ea
Lproval by the
11 chemicals us
pproved by the
equired by law.
i }
ess road shall be maintained with gravel
ather suitable material ,to'control dirt and
paved driveway transition -from the driveway
Pistance and width to the satisfaction and
bns of the Public works..Department.
nts or planting mix material shall be kept
low onto adjacent properties. All such
rat be stacked over a heicjtt of six (6) feet
stored within 20 feet cif the westerly.or
ty lines. `
arger plant materials shall not be stored
) feet of the residenti
ing trees and shrubs on
these residential prop
1) foot lower than the
of plant materials is
done in such a manner
residential area. `"
activity, nor
en the hours
g holidays.
ty whatsoever
deliver
of 8:00
on weeke
other t
properties to the
shall be permitted
ies, shall be no
of existing block
ohibited. Plant
prevent water from.
•,,,.' .,•sir `,_, .
including
and 8:00 A.M. on
,or holidays, there
general
tivity or sales to the public shall take
property.
ating within the nursery shall not exceed
miles per hour. t'
rms, intercoms, and loudspeakers are
proposed shall be directed away from
ial properties.
ing shall conform to Ar :Cle 976 of the
Ordinance Code. L k `
and permanent office andstorage buildings
e bins) shall be located,w;thin fifty (50)
t property line, and subject to review and
rector of Development services.
or stored at the subjectsite shall be
range county Agricultural bepartment, as
-13- P.c '' 6-18-85 't_
1�. The applicant shall submit a grading/drainage plan to the
-- Department o Public Works for review nd approval, prior to
any _grading Aeration or change of cfe, page.
R4.
15. This Conditi nal Use Permit is sublect`to annual review. An;
violation of the conditions of this report or applicable
f zoning laws ay be cause for revocat;vn of this Conditional
Use Permit,::
16. Prior to isstance of building permita,: the land owner shall
remove all debris from the site. In`addition, a written
report shall be submitted to the Planning Commission from the
Director of ublic Works with regard" to the operations on
this site.
C-7 CONDITIONAL USE PERMIT NO. 84-24/CONDITIONAL EXCEPTION NO.
84-45/ZONE CHANGE NO. 84-14/NEGATIV:: DECLARATION NO. 84-28
= Applicant: Shell Oil Company
ange t.e zone from C4 to C
a equired by Articl 948 recently amended by. -Code Amendment No.-
84 Conditional U e Permit No. 84--24 is a,rgquest to establ'
cony ence market with gasoline sales and car,, -wash pursuant t
S.943 b) and S.948 .3. Conditional Exception No. 84-45 i
request ermit a reduction of on -site parkifig: pursuant
9430:8.2{
A MOTION WAS E BY IVENGOOD AND SECOND BY MIRjAHA TO CONTINUE:
CONDITIONAL US RMIj NO. 84-24/CONDITIONAL EXCEP NO. 84-45/ZONE
CHANCE NO. 84-14 AIVE DECLARATION NO. 84-28 2' E JULY 16, 1985
PLANNING COMMISSIO STING BY THE FOLLOWING VO
AYES:, `f Livengood, kine, Porter, Mirl gir
NOES None
ABSEN Winchell R and Schuma out of the Loom
ABSTA N: None
MOTIOtV PASSED
C-8 CODE AMENDMENT N 85-I1 F ZONING 4PJUSTMENTS
A licant: Ci t iof Hu ton ch
On April 16, 1985, the P ing Commissi dirA*eted staff to initiate
a code amendment cover' the areas of con n"'61itlined by the ad -hoc
committee on the Boa f Zoning Adjustment -The general changes are
to the Board's mak , areas of responsibili ".and noticing
proced{res.
It sho ld be ed thaelsince the Board of ZoniA4` stments is
mentioed ghout Di ision 9, the process oft�chan g over various
uses a d applicatiots they require will have to be gradual one.
ArticlA will be revised as part of this code amendm As staff
prose in revising and rewriting other code sections, i uding eac►
dis 's regulations, ._the changes can be incorporated an opted.
�j.
{2796d4- C. 6-18-85
r
','
t ,;,
merle 0VMn)Uj)ia4b-,v\ COf�n-I 00lWar-
Merfflee Madrigal
10231 Cliff Drive
Huntington Beach, CA. 92646
Tel: 714 317-1279
March 7, 2005
Administrative Records
City of Huntington Beach
2000 Main Street
Huntington Beach, CA. 92646
Fax: 714 374-1590
m o n rot; s
P
Re: Public Records Request for Copy of Lease Agreement with Monroe's Nursery
On behalf of the Santa Ana River Residential Community of Glen Mar and the taxpaying
citizens of Huntington Beach with interest in civic management ofpublic property and
water quality control for our water resources, please provide a copy of all past and current
lease agreements with Monroe's Nursery for the city owned property formerly known as
the Old Talbert Water District Reservoir north of Adams, east of Carmenia in Huntington
Beach.
This is my third request. If you are unable to provide a copy of the lease agreement
records per this request, please provide a written response via return email or parcel post
with explanation -
Thank You,
L/)7- �?
Merrilee Madrigal
HB Santa Ana River Community Resident
merrilee cc,sarc-hb.or&
Public Records Request Monme's Nursery Lease
1-74 3.1
J�
�F s
March 9, 2005
BEACHCITY OF HUNTINGTON
2000 MAIN STREET
Merrilee Madrigal
10231 Cliff Drive
Huntington Beach, CA 92646
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
RE: Public Records Request for Copy of Lease Agreement with Monroe's Nursery
Dear Ms. Madrigal;
The document in possession of the City Clerk's Office and responsive to your Public Records Act
request dated March 7, 2005 regarding all past and current lease agreements for the city owned
property formerly known as the Old Talbert Water District Reservoir north of Adams, east of
Carmenia in Huntington Beach, is available for inspection and/or copying.
The document, Record Identification No. 1596 WO 600.10 — Woodhall Growers Lease Agreement,
consist of approximately 47 pages. You may call this office and arrange a time to inspect the
'-` document to identify those portions you wish to have copied. Alternatively, upon receipt of a
payment in the amount of $ 4.70, representing the cost of copying at our standard rate, we will
simply copy all of the pages, and have them available for you to pick up at the City Clerk's Office at
your convenience. Should you prefer to have them mailed, just let me know so we can provide you
with the additional postage cost.
Please feel free to contact me at (714) 374-1559 to make the necessary arrangements. Should you
have any questions regarding this response, please do not hesitate to ask.
Sincerely,
W[y1AW&Zb0
Robin Roberts,
Deputy City Clerk, Records Management
Cc: Joan L. Flynn, City Clerk
Jennifer McGrath, City Attorney
Paul Emery, Director of Public Works
Howard Zelefsky, Director of Planning
David Biggs, Director of Economic Development
(Telephone:71"3"227) E 3.
WAS--',
LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND WOODHALL GROWERS FOR CITY OWNED PROPERTY
ADJACENT TO THE SANTA ANA RIVER
THIS AGREEMENT is made and entered into on the ZDth _ day
of May , 1991, by and between the CITY OF HUNTINGTON
BEACH a municipal corporation of the State of California,
hereinafter referred to as "CITY," and WOODHALL GROWERS, a
general partnership, hereinafter referred to as "LESSEE."
WHEREAS, LESSEE desires to hire, for horticultural purposes
only, certain real property owned by CITY, and;
CITY desires to let the productive use of aforesaid certain
real property to LESSEE.
NOW, THEREFORE, in consideration of the mutual and
respective convenants and promises hereinafter contained and
made, and subject to all terms and conditions hereof, the
parties hereto do hereby agree as follows:
1. DESCRIPTION OF PROPERTY ),see
CITY hereby leases to LESSEE that certain real
property, hereinafter referred as "LEASED PROPERTY," described
as being located in the CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, and being the parcel delineated on
the print attached hereto and by reference made a part hereof,
marked Exhibit "A."
2. TERM
This lease shall be for a term of three years,
commencing on the 1st day of September, 1991, and ending on
August 31, 1994, unless sooner terminated as herein provided.
fi
ca D 13
ex(i5
n *o _S'31"G"7.
fencing in accordance with standards to be provided by CITY.
27. APPROVAL OF CONSTRUCTION
LESSEE agrees that any and all structures that LESSEE
might wish to build upon the LEASED PROPERTY must first be
approved in writing by CITY, and are subject to CITY'S
inspection prior to, during, and after construction. LESSEE
further agrees that any and all structures built upon the leased
property must be removed by LESSEE at the end of the lease term,
or at the request of CITY.
28. USE OF ACCESS GATE
LESSEE agrees that the access gate east of the Adams
Avenue service street will be used jointly by the parties, with
both parties required to lock the gate when not in immediate
use. LESSEE and CITY agree that each party will supply a lock
for this access gate, and each party will also supply the other
party with a key to their respective locks.
.( 29. OPTION OF - EXTENSION Be
Should LESSEE fully and faithfully
perform all the
terms and conditions of this lease for the full term specified
in Section Two of this lease, LESSEE may extend this lease for a
further term of three years, at the rental amount specified
hereinafter, commencing on expiration of the full term specified
in Section Two of this lease, by giving CITY written notice of
LESSEE'S desire to do so at least Ninety (90) days prior to
expiration of the term specified in Section 2.
30. INCREASE IN RENT
The rent for years subsequent to the first year of the
-13- E4 34
PORTION OF S E I/4 OF SEC. 5. T. 6 S. R. IOW. , S. B. M.
YORKTOWN AVENUE
TRACT
BK. 189
� 334C
• ADAMS
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SCALE
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100' 300'
e A 3.5
LEGEND
EXHIBIT `W"
-� - PORTION OF SOUTHERN CALIFORNIA EDISON
COMPANY 180' WIDE RIGHT OF WAY LICENSED
TO THE WQODHALL GF20WERS HUNTINGTON BEACH-ELLIS 220KV -- T/L R/W
""" • 46 U- 16 Foot Wide Access Road MAP SHOWING LOCATION OF SOUTHERN
P.I.D. No. 5012004 CALIFORNIA EDISON COMPANY 180 WIDE
DWG. File No. 04-84-048 RIGHT OF 'WAY
RfP Fil556828 CrTY OF H(AVn MGrONBEACH RA
Southern California Edison COMWnY
a RW •O-^ et9V 4/7%
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STATE HOSPITAL
7.
•, Canyon
Rch
low
SCALE /N MILES y �.•_
W;
EXHIBIT "B"
HUNTINGTON BEACH-EWS 220KV T/L R/W
j MAP SHOWING GENERAL LOCATION OF
_RXffHERN CALlFVA!' W MSON Gi7YylPANY
RANSMISS/ON LAW RIGHT OF WAY
SemAt—n Cahla-ma Edison Coffwany
REQUEST FOR ACTION
MEETING DATE: 7/1812005 DEPARTMENT ID NUMBER:ED 05-07
Analysis: The subject site is located off Adams Avenue at the Santa Ana River and has
been under lease to Rex & Larry Gilmore, DBA Monroe Pacific Wholesale Nursery, or their
predecessors since September 1991. Upon expiration of the prior lease, the City and the
Gilmores reached agreement as to renewal terms.
The new lease consolidated the prior lease area and an added area for a combined area of
" approximately four a, cam. Then v lease -was preparedby the-CW Atlomey- approved- as to_
form and subsequently executed by Rex & Larry Gilmore in June 2005.
Prior to having the new lease approved by the City Council, in 2003, issues arose over
compliance with new water quality uirements and the providing of the necessary
insurance per F 1s �nagemen� policies was deierm_ ined that City Council approval
should be deferred until these issues were addressed. However, the tenant as n
operating under new lease arms since t me, in ding paying the new rent.
The lease provides for a fixed term from October 1, 2002, to September 30, 2007, with two,
five-year extension options. The rent is established at $1600 per month with an annual
escalation.
Environmental Status: Not Applicable^
Attachment(s)
nur rn�;ns nor,-�amplian�- Te.,r
i
4er �ugllqy '�S}Tr-,/' XXC
Of cji r KvU4 A& .4.
�l
U 1.
G:UkeVWonroe Paces Wholesale Nursery RCA Lease Approval.coc
6130f M 8.45 AM
Page 1 of 3
Merrilee Madrigal
From: "Garry Brown" <coastkeeper1@earthlink.net>
To: "'Merrilee Madrigal"'<merrilee_madrigal@hotmail.com>; "'Penelope Culbreth-Graft"' <pgraft@surfcity-hb.org>;
Jill Hardy'" <HBmissjill@aol.com>; "'Debbie Cook"' <hbdac@hotmail.com>; "'Dave Sullivan"'
<DSULLIVAN@socal.rr.com>; "'Gil Coerper"' <glcoerp1 @gte.net>; "'Bohr, Keith"' <KBohr@surfcity-hb.org>;
Hansen, Don"' <Dhansen@surfcity-hb.org>; "'Cathy Green"' <ppcgreen@aol.com>; "'Steve Ray"'
<steveray4surfcity@hotmail.com>; "'Bob Dingwall"' <contact -pro c@mindspring.com>; "'Tom Livengood"'
<TomNeilUvengood@aol.com>; "'John Scandura"' <jdscandura@earthlink.net>; "'Jennifer McGrath"'
<JMcGRATH@surfcity-hb.org>; "'Don May... <earthcorps c@earthlink.net>
Cc: "'Emery, Paul"' <pemery@surfcity-hb.org>; <Jflynn@surfcity-hb.org>; "'Robin Roberts"' <rroberts@surfcity-
hb.org>; "'Randy Fuhrman"' < r.fu hrman@verizon. net>; Al"'Hendricker"' <hend2@msn.com>; "'George Mason'"
<gem325@socal.rr.com>; "'Dave Guido"' <gdfthr2@msn.com>; "'Bob Anderson"' <andersonr@vcgnet.com>;
"'Don Rice"' <drice444@msn.com>; "'Ray Heimstra"' <cartoman@prodigy.net>; "'Terry Dolton"'
<tdolton@socal.rr.com>; "'Engle, Jim'" <jengle@surfcity-hb.org>; "'Geraldine Lucas"' <glucas@surfcity-hb.org>;
Dave Webb"' <dwebb@surfcity-hb.org>; "'Jim Meyer"' <jmeyert4a@aol.com>; "'Robert Beardsley"'
<reardsley@surfcity-hb.org>; "'Howard Zelefsky"' <hzelefsky@surfcity-hb.org>; "'Scott Hess"' <shess@surfcity-
hb.org>; "Shirley Dettlofr' <rdettloff@socal.rr.com>; "Daniel Cooper" <cleanwater@sfo.com>
Sent: Wednesday, July 13, 2005 2:24 PM
Subject: RE: Nakase Nursery/SA River Corridor at Le Bard Park
Dear All:
I am in receipt of Merrilee's email to you regarding the Santa Ana River Corridor and the nurseries on Edison's easements.
I decided to take this opportunity to inform you of Coastkeeper's current activities regarding the nurseries.
First, I should say Coastkeeper took water samples of discharges from all the nurseries along the Santa River last winter and had
the samples analyized by a State Certified Laboratory. Merrilee is correct when she says there is a problem; the nurseries are
discharging runoff in exceedance of water quality standards and most have few or no "Best Management Practices" (BMPs).
Coastkeeper had three options: 1) file a Federal Clean Water Act enforcement action; 2) initiate a collaborative process to
educate nurseries, along with Edison's buy -in and participation, to install BMP's and get a commitment from them to eliminate
their polluting discharges; 3) share our data with the Santa Ana Regional Water Quality Control Board and ask that they step in
with an enforcement action;
In this case, Coastkeeper chose to partner with Edison to bring all the nurseries to the table and ultimately into
compliance. We have met numerous times with Edison representatives and they are totally on board. We have reached out to the
U.C. extension program that already has in place an education program teaching how nurseries can reduce and eliminate this
problem. This process is currently underway. Today in fact there is a meeting with Edison, the U.C. extension and Ray Heimstra,
our program director. We are hopeful this process will achieve the desired results and make the nurseries better citizens.
Coastkeeper will continue to keep a watchful eye by testing the runoff discharges from these enterprises during the next
year. Coastkeeper will continue to collaborate with stakeholders to constructively eliminate this problem. If the problem does not
improve and the nurseries do not install the necessary BMP's, Coastkeeper will take steps for an enforcement action as stated in
options 1 & 3 as we already have the data necessary and will just be adding to it.
I felt this an appropriate time to merely relay to you our activities regarding the polluting currently taking place during the
wet season at these nurseries. Edison is aware of the problem. Merrilee Madrigal is correct in her concerns with the polluting
nature of the nurseries. This problem is not going to go away by itself and nothing will be accomplished by ignoring it. The best
solutions will come from cooperation, collaboration, and action.
Thank you for your time and your efforts to make our community even better.
Garry Brown
Executive Director
Orange County Coastkeeper
441 Old Newport Blvd. Suite 103
Newport Beach, CA 92663
949 723-5424
coastkeeperl@earthlink.net
www.coastkeeper.org
-----Original Message -----
From: Merrilee Madrigal[mailto:merrilee_madrigal@hotmail.com]
Sent: Monday, July 11, 2005 9:01 AM
7/17/2005
Page 2 of 3
•To: Penelope Culbreth-Graft; Jill Hardy; Debbie Cook; Dave Sullivan; Gil Coerper; Bohr, Keith; Hansen, Don; Cathy
Green; Steve Ray; Bob Dingwall; Tom Livengood; John Scandura; Jennifer McGrath; Don May
Cc: Emery, Paul; Jflynn@surfcity-hb.org; Robin Roberts; Randy Fuhrman; Al Hendricker; George Mason; Dave Guido; Bob
Anderson; Don Rice; Ray Heimstra; Terry Dolton; Engle, Jim; Geraldine Lucas; Dave Webb; Jim Meyer; Robert Beardsley;
Howard Zelefsky; Scott Hess
Subject: Nakase Nursery/SA River Corridor at Le Bard Park
Dear HB City Administrator, Council Members and Planning Commissioners,
Would you please ask the Plamning Department to kindly respond to the request about Nakase Nursery operating within the 13 acre
Santa Ana River Corridor north of Le Bard Park without any approved entitlements, permits, watershed plan or NPDES permit?
You're assistance would be greatly appreciated.
Nakase Nursery discharges 13 acres wet weather pollutants testing high in bacteria to our public park where children play and the
public must tread through to access the regional Santa Ana River County Trail System. The storm drain at Le Bard Park is completely
obstructed and sediments are carried throughout the adjacent subdivision of Suburbia where flooding occurred October 27, 2004.
The Community would like Nakase Nursery to apply for a CUP to enable an approved watershed plan. We've been attempting
to receive an answer to this request since March, 2005.
We appreciate your assistance in providing a watershed plan for the Community, Public and Environment at the Santa Ana River in
Huntington Beach.
Thank You,
Merrilee Madrigal
HB SA River Community Resident.
-- Original Message From: Merrilee Madrigal
To: Robert Beardsley ; Howard Zelefsky ; Penelope Culbreth-Graft
Cc: Emery, Paul ; Jflynn@surfcity-hb.org ; Robin Roberts ; Jennifer McGrath ; Jill Hardy ; Cates Green ; Gil Coerper
Dave Sullivan ; Hansen. Don ; Debbie Cook; Steve Ray; Bob Dingwall; Tom Liven -good ; John Scandura ; Randy
Fuhrman ; Al Hendricker ; George Mason ; Dave Guido ; Bob Anderson ; Don Rice ; Ray Heimstra ; Terry Dolton ;
Engle, Jim ; Geraldine Lucas; Dave Webb; Bohr. Keith ; Jim Meyer
Sent: Tuesday, May 31, 2005 7:27 AM
Subject: SA River Corridor Nursery at Le Bard Park
Good Morning,
Could someone please help the Santa Ana River Residential Communities receive an answer from the Planning Department?
Will the Planning Department please respond to the question about Nakase Nursery operating within the Santa Ana River Corridor
without any entitlements, approved watershed and/or water quality plan?
I've been trying to get an answer since March, 2005
Thank You,
Merrilee Madrigal
BTW, Nakase is Nursery is north of Le Bard Park, not to be confused with Hiro's Nursery south of Le Bard Park.
Dear Howard Zelefsky,
Nakase Nursery is found operating within the 13 acre Edison owned Santa Ana River Corridor north of Le Bard Park
without any entitlements whatsoever, confirmed twice by the Planning Department and twice by the City Clerk's
Department, and Robert Beardsley was unable to accurately respond the my previous inquiry apparently confusing
this location with Hiro's Nursery location. Therefore, I am now requesting your assistance.
Can you please provide entitlement records for the Nakase Nursery operation within the 13 acre river corridor north of
Le Bard Park? If you are unable to provide entitlements records for nursery operations within the river corridor north
F-5 •Z 7/17/2005
Page 3 of 3
of Le Bard Park, will you please ask Nakase Nursery to vacate the premise pending application for a CUP with
environmental review?
Nakase Nursery discharges wet weather pollutants to the public park wetland area of Le Bard Park, where 13 acres of
river corridor sheet flow arrives, is obstructed by the bike trail and diverted through the Community of Suburbia, where
flooding occurs with property damages, without any approved water quality or watershed plan. Any new application
should therefore consider these environmental impacts to the Environment and the Communities in a full public
environmental review.
This is my sixth request to the City of Huntington Beach therefore I am hope you will be able to help.
Thank You Very Much,
Merrilee Madrigal
---- Original Message From: Merrilee Madrigal
To: Robert Beardsley
Cc: Howard Zelefsky ; Emery, Paul ; David Biggs ; Jflynn@surfcity-hb.org ; Robin Roberts ; Jennifer McGrath ; Jill
Hardy ; Cathy Green ; Gil Coerper ; Dave Sullivan ; Hansen, Don ; Debbie Cook ; Steve Ray ; Bob Dingwall ; Tom
Livengood ; John Scandura ; Randy Fuhrman ; Al Hendricker ; George Mason ; Dave Guido ; Bob Anderson ; Don
Rice ; Ray Heimstra ; Terry Dolton ; Engle. Jim ; Geraldine Lucas ; Dave Webb ; Bohr. Keith ; Jim Meyer
Sent: Wednesday, March 30, 2005 8:48 AM
Subject: SA River Corridor Nursery at Le Bard Park
Forgive me, the image below is huge, (don't know why) but if you open the attached document you will find a readable
size of the letter from the City Clerk regarding public records requested for the nursery operations within the Santa Ana
River corridor north of Le Bard Park.
Twice Planning and twice City Clerk department personnel reported there are no records for any nursery operating
within the Edison easement west of the Santa Ana River, south of Adams, north of Le Bard Park, yet Nakase
Nursery is found operating here and discharging pollutants to Le Bard Park.
Will our planning department require Nakase Nursery to submit application for a CUP and implement wet weather
treatment facilities to clean pollutants entering the public park area and adjacent subdivision of Suburbia?
Thank you for helping to discover Santa Ana River Corridor planning and watershed records, initiating the
implementation of planning procedures and clean watershed controls.
With Appreciation, Merrilee Madrigal
HB Santa Ana River Community Resident
,10 virus found in this incoming message.
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�_- +5' -3 7/17/2005
BER— E THE BUSINESS AND COMMERCE AGENCY
-- _jEPARTMENT OF INVESIIUI.1
DIVISION OF REAL ESTATE
OF THE
STATE OF CALIFORNIA
Mu.ToN G. GoRwx,. Real Estate Commissio=
U11
In the matter of the application of FINAL SUBDIVISION
SRAMAR DBVELOR+IEIiT CO. a joint venture PUBLIC REPORT
,
composed of PRAIMAR RMCS, INC., EWM
DEVELOEMM CWANY AND SEACOVE CORPOR&TION,
all. California corporations
for a final subdivision public report on F= RD. 26034
TRACT NO. 5033
ORANGE COUliT3C, CALL mRm
This Report Is Not a Recommendation or Endorsement of the Subdivision
But •Is Informative Only.
Buyer or Lessee Must Sign That He Has Received and Read This Report.
TM REPORT BXPIRE.S FM YL4W FROM UATL OR UPON A MATERIAL CHME.
April 21, 1965
SPECTAI, NOTE
YOUR AT MTiON IS ESPECIALLY DIRECTED TO THE PARAMMS
BELOW BEADED: (X) RESTRICTI00, A1gD (X) TITIE.
LOCATION AED SIZE: On Adams Avernze, Carmenia Law and other streets in the City
of Huntington Beach, Orange County.
Approximately 16.777 acres divided into 83 Lots or parcels.
(X) TITIE: Title is subject, among other things, to:
Reservations of mineral, oil and gas rights:v thout right of surface entry.
7OYM: The property is to be sold for residential purposes.
W 2131LUCTrON.S: Restrictions, recorded in Book 7423, Page 943, Official Records
of'the Orange County Recorder,affecting the develolaent, among other restric-
tions, contain the following provision:
No building shall be erected, placed or altered on any lot untiI the construction
plans and specifications and a plan `shoving the location of the eonstruction•have
been approved by -the Architectural Control- Com:Lttee -
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hlftp://www,topozone.com/map.asp?lat--33,6814&lon---1 17.9419&datum=nad83 7/17/2005
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Page I of 2
Merrilee Madrigal
From: "Merrilee Madrigal" <merrilee_madrigal@hotmail.com>
To: ",Jones, Dale" <DJones@surfcity-hb.org>
Cc: "Merrilee Madrigal" <merrilee madrigal@hotmailcom>
Sent: Monday, July 18, 200511:13 AM
Attach: Carmania 05-02-21 after 002 resized 5x6.jpg; Carmania 05-02-21 001 resized 5x6.jpg
Subject: Late Communication Item E-4 Monroe's Nursery
Please include this email with attached photographs as Late Communication with Attached Photographs for City Council Consent
Calendar Item E-4 July 18, 2005. It communicates and shows images of the flooding adjacent to Monroe's Nursery. Thank you,
Merrilee Madrigal
— Original Message ----
From: Teddi Hart
To: merrilee madrigalO-hotmail.com
Sent: Monday, February 21, 2005 1:29 PM
Subject: FW: HB Environmental Board Meeting - Flood Review - Monroe's Nursery
Merrilee,
These are pictures taken today. This flood happened within a 2 hour period approx 6:30 am — 8:30 am. I've sent you a
before and after picture so you can see how bad it gets here.
nTeddi Hart
Vanishing Clouds, Inc.
Techonology Sohitions, for Small Business
7/18/2005
Page 2 of 2
7/18/2005
Page 1 of 1
Merrilee Madrigal
From: "Merrilee Madrigal" <merrilee madrigal@hotmail.com>
To: "Jones, Dale" <DJones@surfcity-hb.org>
Sent: Monday, July 18, 200510:58 AM
Subject: Late Communication E-4
Late Communication Item E-4 July 18, 2005 Monroe's Nursery Lease
From: Teddi Hart
Sent: Wednesday, December 01, 2004 6:10 PM
To: 'merrilee_madrigal@hotmail.com'
Subject: HB Environmental Board Meeting - Flood Review - Monroe's Nursery
I have lived at 19892 Carmania Lane, Glen Mar tract, since 1992.
My house backs up to the Monroe Nursery
Unlike my neighbors, fortunately I have drainage from my backyard out to the front. If I hadn't my house would have been flooded
during the October rain. My next door neighbor wasn't as lucky. The water came in through the back of her house through the
living room and into the dining room. All the floors on the first floor of her house were damaged.
The water out front came within 8' of my front door. The cars parked on the street had water half way up the inside of the cars.
This happened to 2 of our cars in the past 5 years. The waters force was so strong that it lifted a full lawn garbage bag of wet
grass cutting up from the curb to within B' of the front of house.
The serious threat of flood into the house has happened 2 — 3 times in the past 5 years. However, whenever we have a significant
amount of rain the waters are usually above the curb. It seems that the drainage on our street cannot keep up with the flow. Also,
the water off Adams (heading west) sweeps around the bend at Ranger and we get additional water flow from there. This happens
whenever there is a significant amount of rain.
As an aside regarding the Monroe Nursery. During the dry months when they water they leave a foot wide ditch of water sitting
until the rains start. I have 2 issues with this, one the water seeps into my backyard and forms puddles {just to show how much
water there is) and two it is a breeding ground for mosquitoes. Perhaps you can have them address this issue. Other then that,
they're fairly good neighbors.
Thank you for your attention,
Teddi Hart
E4 - 4. 3
7/18/2005
Glen Mar
Monroe's Nursery on HB City Dump Site in Old Talbert Water Reservoir
HB Environmental Board Meeting — Flood Review
December 2 2004
City Hall, Room B-8 at 6:30 PM
The Huntington Beach Environmental Board will review the flood event of October 20`n* 2004
during an Environmental Board Meeting December 2, 2004 at City Hall in room B-8 at 6:30.
Residents who experienced drainage problems, unusually high flood waters, property damages
or have flooding concerns are urged to attend.
The meeting will begin with a public comment period where the public is invited to speak before
the HB Environmental Board, or you may present your concerns in a letter so that an accurate
accounting of the rain and flood event of October 2& can be evaluated. A survey is attached
for your convenience.
If you are unable to appear for this meeting, please forward your survey to the City of
Huntington Beach Environmental Board no later than November 24t', or to Merrilee Madrigal
for delivery during the Board Meeting.
Merrilee Madrigal
10231 Cliff Drive
Huntington Beach, CA. 92646
Tel: 714 317-1279
E-4-15
HB Environmental Board Meeting Doc
City of Huntington Beach
Citywide Urban Runoff Management Plan
December 2004
Prepared by:
cm
18581 Teller Avenue, Suite 200
Irvine, California 92612
Ice]
rl
Secs.
City of Huntington Beach
Citywide Urban Runoff Management Plan
Table 1-1 (continued)
Summary of Water Quality Element
Programs
Program Elements
Mandatory Elements Discretionag Elements
New Development/Sign Redevelopment Program
General Plan was amended
to include watershed
General Plan and Local
protection in the Land Use,
Environmental
a Local Coastal Program NPDES enhancement
Coastal Program
Assessment
Resources/Conservation,
n Review General Plan to ensure compliance with renewed NPDES Permit
Circulation, Utilities and
Growth Management
elements
Revised City's Project
CEQA Environmental
Application Form and Initial
Study Checklist to identify
n Provide additional training of planning staff on NPDES requirements
Review Process
permanent water quality
m Update CEQA Procedures Handbook.
BMPs
Development Project
Continue to require project-
n Develop a template for a preliminary project WQMP
Review, Approval &
specific WOMP's, as
n Refine WQMP treatment BMP requirements
Permitting
applicable, and standard
N Incorporate water quality design standards in zoning code, Municipal Code, and/or other
conditions of approval.
planning documents
water �Z
-Based Program
a Continue current dry weather flow diversions from pump stations to OCSD system
0 Evaluate opportunities to reduce dry weather flaw and ,reduce , diversions.
Satito, An6'Diver
a," Continue to,work with ,�O"C— River' P`arlk Project and',Incorporate water quality enhancemen.#„ "
-------
where feasible
m Identify and construct improvements to pump stations
a Continue existing dry weather flow diversions from pump stations to OCSD system
m Support the County's Talbert Channel low flow diversion project
w Evaluate opportunities to reduce/reuse dry weather flow at Bartlett Park & near H13 wetlands
Talbert Channel
a Continue to participate In feasibility studies and implementation of 1-113 Wetlands Restoration
Plan
n Develop runoff treatment system In Bartlett Park
0 Identify and construct imerovements to Rum e stations
cm 1-8
Section 3
City of Huntington Beach
Citywide Urban Runoff Management Plan
3.2.3.9 Additional Citywide Opportunities
Several additional projects/programs are recommended for consideration and
implementation where appropriate and applicable throughout the City:
■ Evaluate the use of Edison easements in the City lar opportunifYe o use
easements for water quality features
■ Conduct feasibility study and implement recommendations for constructing
trash/gross solids removal devices at any direct storm drain outlets to drainage
channels that do not go through pump stations and will not be included in any of
the water quality planning area treatment projects described in previous sections.
■ Work with property owners/Homeowner and/or Property Owner Associations
to encourage pilot and consider implementing full scale state-of-the-art irrigation
controllers.
■ Continue working with Orange County Water District on the possibility of using
dry weather urban runoff for future injection project to assist with the seawater
barrier enhancements.
3.3 Program Phasing -
Section 3.2 identifies a comprehensive set of elements to be included in a long-range
Water Quality Management Program for the City of Huntington Beach. Many of the
elements require additional planning, study and substantial additional funding of
capital or operating costs that are not currently budgeted. Therefore, phasing program
elements is important for the Water Quality Element of the CURMP to provide
direction for resource commitment and scheduling of implementation steps described
in Section 3.4.
In general, program elements fall into several broad categories including:
■ Existing program elements
■ Modifications to, or expansion of existing programs, and new programs required
to meet current permit requirements ("mandatory elements")
■ Additional program enhancements and new projects to meet City goals and
objectives ("discretionary elements")
Existing programs and'projects with committed funding do not need to be phased.
For other elements, phasing needs to be established.
M6
E� - Rb-
roll,
1P
Program Element
Additional
Cost $ or Resources needed.
Capital ($)
Increased O&M
($/yr)
Increased City Staff
(PY)
Water Quality Planning Area -Based Controls
Santa Ana RIV1 r
Continue dry weather flow diversions to OCSD
—
_
—
Evaluate opportunities to reduce via flow reduction
—
0.05
"frith OCRP in water"quality enhancement protects '
—
Identifjv end construct improvements to pump stations'
TBD
TBD
0.1
Talbert Channel
Continue current dry weather flow diversions to OCSD and support County's Talbert Channel
diversion project
—
--
—
Evaluate opportunities to reduce/reuse dry weather flow
0.05
Continue to participate in Feasibility Study and implementation of HB Wetlands Restoration
Plan
—
—'
Develop runoff treatment system in Bartlett Park; for dry and wet weather treatment
$920,000
$25,000
0.1
Identify and construct improvements to pump stations
TBD
TBD
0.1
Coastal
Develop expanded education and enforcement programs
0.2
Continue dry weather flow sand infiltration practice where feasible; construct flow diversion
where not feasible
TBD
—
—
Operate and maintain hydrodynamic separator units at beach outlets
$20,000
Evaluate opportunities to reduce/reuse dry weather flow
0.1
Enhance street and alley sweeping
—
See Municipal
Activities
—
Develop incentive program for restaurant grease trap retrofits
—
See Municipal
Activities
—
First St. drainage area regional treatment system
TBD
TBD
0.05
Section 4
City of Huntington Beach
Citywide Urban Runoff Management Plan
cleaning the facilities and controlling stormwater quality. Even though these
facilities are not part of the primary stormwater conveyance system protecting
property from flooding, a line item cost is included for future capital project.
planning purposes.
The data in Table 4-9 represents an inventory of candidate system upgrade projects. It
can serve as a starting point for further analysis and formulation of proposed projects
for budgeting and programming purposes based on such considerations as:
■ Downstream reaches may take precedence over upstream ones, since upstream
improvements may require adequate downstream capacity.
■ Main storm drain lines, which are collectors for multiple tributary reaches, should
be considered for higher priority over more localized systems.
■ Developed and higher valued land use areas should be considered for protection
prior to less developed areas.
■ Storm drain improvements should be considered for coordination with other
capital project in the same area. This condition would be especially prevalent in
the case of street reconstruction projects.
■ Integration of related links comprised of high benefit as well as lower benefit links
should be considered in order to complete the system improvements in a localized
area.
A geographical summary of candidate upgrade projects aggregate extent and cost
based on the City's five major drainage watershed planning areas is shown in
Table 4-10:
No. 2 — Coastal and Bolsa Chica Wetlands Areas (Subareas 16-19)
47,400
$23
No. 3 — Slater Channel Area
79,700
$35
(Subareas 10-15)
No. 4 — Wintersberg Channel Area
65,600
$23
(Subareas 6-9)
No. 5 — Bolsa Chica Channel and Harbour Areas (Subareas 1-5)
67,300
$23
TOTALS
448,500
,,,,. _ _ _, _ _
$200
C 4-58
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O BOX 532711
LOS ANGELES, CALIFORNIA 50053-2325
December 10, 2004
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
SUBJECT: NOTICE OF VIOLATION OF THE CLEAN WATER ACT
ENFORCEMENT CASE NO.200500281-JPL
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Southern California Edison
Attention: Jill Fariss
2244 Walnut Grove Avenue, Suite3A
Rosemead, California 91770
Dear Ms. Fariss:
It has come to my attention that you or your contractors have been discharging fill
material into wetlands adjacent to the Santa Ana River in Huntington Beach, Orange County,
California.
The Corps hopes that this problem can be resolved informally and amicably. However,
you should recognize that under Sections 301 [33 U.S.C.1311] and 404 [33 U.S.C.13441 of the
Clean Water Act and Corps regulations promulgated pursuant thereto, the discharge of
dredged and/or fill material into waters of the United States is unlawful unless such discharge
has been specifically authorized pursuant to Section 404 of the Act by the Secretary of the
Army through a Corps of Engineers permit. The potential penalties for violation of this Section
include a maximum criminal fine of $50,000 per day and imprisonment for up to three years,
and a maximum civil penalty of $25,000 per day of violation [33 U.S.C.13191.
Within the next 20 days, please provide any information you may have regarding this
activity, including a project description, drawings, and photographs of the site to the Chief,
Regulatory Branch, Attn: Jason P. Lambert, P.O. Box 532711, Los Angeles, California 90053.
During the next few weeks, Regulatory Branch personnel will be conducting an investigation
of this activity. By copy of this letter, I am requesting input from the agencies indicated in the
final paragraph of this document to facilitate this investigation and my decision on what initial
corrective measures may be necessary. Once this evaluation is complete I will issue you an
order for any required initial restoration and, if appropriate, will accept an after -the -fact permit
application for processing. If complete restoration is not required, you must apply for a
Department of the Army Permit for the discharges already performed. Enclosed is a
Department of Army Permit application and information booklet.
-2-
Failure to comply with this order may result in my recommendation to the United
States Attorney to institute appropriate legal proceedings to enforce this order. Additionally,
compliance with this order does not foreclose the Government's options to initiate appropriate
legal action or to require the submittal of a permit application. By copy of this letter, I am
requesting that the United States Attorney open a file on this unauthorized activity.
In accordance with a Memorandum of Agreement between the Department of the
Army and the Environmental Protection Agency (EPA) concerning federal enforcement of
Section 404 of the Clean Water Act, a copy of this notification is being sent to the EPA for
review and coordination My staff will conduct a preliminary investigation to determine
whether EPA or the Corps will be the federal agency responsible for evaluating the
unauthorized work You will be notified whether EPA or the Corps will be the agency to work
with you to resolve the violation
If you have any questions regarding this matter, please contact Jason P. Lambert in our
Regulatory Branch at (213) 452-3361.
I am forwarding copies of this letter to: Field Supervisor, Ecological Services Field
Office, U.S. Fish and Wildlife Service, 6010 Hidden Valley Road, Carlsbad, California 92009;
U.S. Environmental Protection Agency, Attention Mr. Tim Vendlinski, Chief, Wetlands
Regulatory Office (WTR 8), 75 Hawthorne Street, San Francisco, California 94105; California
Department of Fish and Game, Attention: Mr. Charles Raysbrook, 4949 View Ridge Ave., San
Diego, California 92123; U.S. Department of Justice, U.S. Attorney's Office, Attention: Mr. Leon
W. Weidman, Room 7516, Federal Building, 300 North Los Angeles Street, Los Angeles,
California 90012; California Regional Water Quality Control Board, Region 8, Santa Ana,
Attention: Mr. Gerard J. Thibeault, 3737 Main Street, Suite 500, Riverside, California
92501-3339, City of Huntington Beach, Planning Department, 2000 Main Street, Huntington
Beach, California, 92648.
Sincerely,
comma
GEORGE L. BEAMS
CESPL-CO
George L. Beams
Chief, Construction - MLNCH
CESPL-OC
Operations Division
DURHAM
CESPL-CO-R
LAMBERT
CESPL-CO-R
Cenu 4Rb CF:_Fi1e Copy
(Yellow)--200500281-JPL
_Clipboard Copy -_Los
Angeles
Sent by: usace regulatory branch
213 452 4196; 05/23/05 4:16PM;#482;Page 213
AWLY to
Office of the Chief
Regulatory Branch
DEPAM MENT OF THE ARMY
LM ANMM o TfWr, COM OF t:NWNFM
P.O 60x GW11
LOS ANREI. A CAUMMM 90
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SUBJECT NOTICE OF VIOLATION OF THE CLEAN WATER ACr
t iro`s Nursery
Attention: Hiro Kiwaichi
10181 Atlanta Avenue
Huntington Beach, California 92646
Dear Mr. Kiwachi:
It has came to my attention that you or your contractors have been discharging fill
material into wetlands adjacent to the Santa Ana River in Huntington Beach, Orange County,
California.
The Corps hopes that this problem can be resolved informally and amicably. However,
you should recognize that under Sections 301133 U.S.C.13111 and 404133 US.C.1344j of the
Clean Water Act and Corps regulates promulgated pursuant thereto, the discharge of
dredged and/or fill material into waters of the United States is unlawful unless such discharge
has been specifically authorized pursuant to Section 404 of the Act by the Secretary of the Army
through a Corps of Engineers permit. The potential penalties for violation of this Section
include a nuudrnum criminal fine of $50,000 per day and imprisonment for up to three years,
and a maximum civil penalty of $25AW per day of violat* [33 U.S.C.13191.
Within the next 4 days, please provide any information you may have regarding this
activity, including a project description, drawings, and photographs of the site to the Chief,
Regulatory Branch, Attn. Jason P. Lambert, P.O. Box 53MI, Los Angeles, California 90053.
During the next few weeks, Regulatory Branch personnel will be conducting an investigation of
this activity. By copy of this letter, I am requesting input from the age indicated in the
final paragraph of this document to facilitate this investigation and my decision on what initial
corrective measures may be necessary. Once this evaluation is complete I will issue you an
order for any required initial restoration and, if appropriate, will accept an after th—efact permit
appficatyon for processing. If caomnplete restoration is not required, you must apply for a
Department of the Army Permit fm the discharges already performed. Enclosed is a
Department of Army Permit application and kd6rrnation booklet. -
Failure to comply with this order may result in my recotrtmendati n to the United States
Attorney to institute appropriate leSat prcx*ednW to enforce ia,ip corder. AdditkmaUy,
Sent by: usace regulatory branch 213 452 4196;
05/23/05 4:1 7PM;]M&ML_#482; Page 3/3
2-
compliance with this order does not foreclose the Government's options to initiate appropriate
legal action onto require the submittal of a permit application. By copy of this letter, I am
requesting that the United States Attorney open a file on this unauthorized activity.
In accordance with a Memorandum of Agreement between the Department of the Army
and the Environmental Protection Agency (EPA) co ncernmg federal mforeement of Section 404
of the Clean Water Act, a copy of this notification is being sent to the EPA for review and
coordination. My staff will conduct a preliminary investigation to determine whether EPA or
the Corps will be the federal agency responsible for evaluating the unauthorized work. You
will be notified whether EPA or the Corps will be the agency to work with you to resolve the
violation.
If you have any questions regarding this matter, please contact Jason P. Lambert in our
Regulatory Branch at (213) 452-3361.
I am forwarding copies of this letter to: Field Supervisor, Ecological Serves Field
Office, US. Fish and Wildlife Service, 6010 Hidden Valley Road, Carlsbad, California 92009,
U.S. Environmental Protection Agency, Attention. Mr. Tian Vendli rwU Chief, Wetlands
Regulatory Office (WZR 8), 75 Hawthorne Street, Safi Fiancism, California 94105; California
Department of Fish and Game, Attention: Mr. Charles Raysbvook, 4949 View Ridge Ave., San
Diego, California 92123; U.S. Department of justice, U.S. Attorneys Office, Attention: Mr. Leon
W. Weidman, Room 7516, Federal Bulldm& 300 North Los Angeles Street, Las Angeles,
California 90012, California Regional Water Quality Control board, Region 8, Santa Ana,
Attention: Mr. Gerard J. Thibeautt, 3737 Main Street, Seine 5M , Riversude, California
92501-3339, City of Huntington Beads, Planning Department, 2000 Main Street, Huntington
Beach, California, 92648.
George L Beams
Chief, Construction -
Opeiraticns Division
Enclosures
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