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HomeMy WebLinkAboutOnni Properties LLC, an Arizona Limited Liability Company - 2022-07-01 (4) NTiNGTo 2000 Main Street, -% "" " Huntington Beach,CA _ City of Huntington Beach 92648 9�'• E, ,;oQ °OUNTY CP�, File #: 23-406 MEETING DATE: 5/16/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Catherine Jun, Deputy City Manager Subiect: Oak View Pilot Parking Program Update and Recommendation to Conclude the Year-Long Program When It Sunsets on June 30, 2023 Statement of Issue: Staff is providing an update on the Oak View Pilot Parking Program (OV3P) with a recommendation to conclude the program when the pilot year sunsets on June 30, 2023. Financial Impact: There are no additional fiscal impacts. Recommended Action: A) Receive and file the Oak View Pilot Parking Program Update; and B) Conclude the Program when the pilot year sunsets on June 30, 2023. Alternative Action(s): Do not approve one or more recommended action, and direct staff accordingly. If the Council wishes to extend OV3P for an additional term, staff will return to City Council with an amended parking license agreement with Onni properties and a budget appropriation request. Analysis: Background: On April 5, 2022, City Council approved OV3P to temporarily alleviate the shortage of residential parking in the Oak View neighborhood. Oak View is a neighborhood mainly comprised of multi-family housing, evidencing some of the highest levels of overcrowding in Huntington Beach. 38 percent of renter households in Oak View are considered "severely overcrowded" (more than 1.51 persons per room), compared to 2% of the City and 7% of the County. The OV3P program goal was to provide secured parking spaces for up to 50 Oak View residents in a private garage owned by Onni Properties on the north end of the neighborhood (7842 Warner Avenue). The garage is City of Huntington Beach Page 1 of 3 Printed on 5/10/2023 powere1fL4 Legistar'M File #: 23-406 MEETING DATE: 5/16/2023 accessible 24 hours a day to all participants. Furthermore, the pilot year began on July 1, 2022 and will sunset on June 30, 2023, unless extended by the City Council. Participant requirements include proof of Oak View residency, vehicle insurance, current vehicle registration, and a signed user agreement that outlines the rules of the program. Participants are permitted to opt out of the program at any time, and all participants were notified (upon enrollment)that this program may terminate on June 30, 2023. The program cost includes a lease payment of$100 per month for each parking space ($90 paid by the City; $10 paid by the participant); a one-time fee of$1,000 for 50 garage access cards; and a contingency of $9,000 for payment delays and delinquencies. In total, the City budgeted $64,000 in General Funds to support OV3P in its pilot year, but has expended less due to reduced program participation. OV3P Progress Update: Staff has monitored program enrollment, usage, and communications, since it launched on July 1, 2022. Given that the pilot year is scheduled to sunset on June 30, 2023, an update on these statistics is being provided as Council considers whether or not to continue this program for an extended term. Program participation varied from month to month, peaking at 48 in July 2022 and declining to 29 by February 2023. In the first few months of the program, staff advertised the program on social media, email listservs, and fliers/posters at the Oak View Library to attract more participants. However, staff believes the garage's distance from the rest of the neighborhood and the monthly participation cost were likely prohibitive factors. Please note, when participation numbers stabilize over a 1-2 month period, staff amends the parking license agreement with Onni to lease fewer parking stalls at a cost savings to the City. On average, the City received 73% of participants' payments owed each month. In an attempt to recoup outstanding payments, staff reaches out via email, text message, direct mailing and phone call in Spanish and English; those with more than 3 outstanding payments are removed from the program. OV3P was also not used by participants as frequently as expected. On average, participants used the program 13% of the time they were enrolled in the program. Highest usage by a participant was 56%; the lowest was 0%. Recommendation: Due to low enrollments and usage, staff recommends allowing OV3P to sunset when the pilot year ends on June 30, 2023. This will help release general funds for other priorities in FY23-24 and allow staff to focus its resources on the Oak View Master Plan, which proposes to build 63 surface parking stalls. Furthermore, Public Works is working on plans to remove red curb along Ash Lane (adjacent to the garage)to add 10 additional on-street parking stalls to help alleviate the parking shortage in the neighborhood. If the City Council chooses to terminate the Program on June 30, 2023, staff will immediately contact all participants and Onni Properties in May 2023 to prepare them for this change. Communication channels with participants will include direct phone calls, emails and text messages. Should the Council choose to continue the Program for an additional term, staff will negotiate an amended contract with Onni that will begin on July 1, 2023 and return the contract to City Council for both approval and a budget appropriation. City of Huntington Beach Page 2 of 3 Printed on 5/10/2023 poweret1A,LegistarTM File #: 23-406 MEETING DATE: 5/16/2023 Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Parking License Agreement with Onni Properties (ending June 30, 2023) 2. PowerPoint Presentation • City of Huntington Beach Page 3 of 3 Printed on 5/10/2023 poweretilA LegistarTM PARKING LICENSE AGREEMENT • THIS PARKING LICENCE AGREEMENT is made this 30th day of March, 2022(the "Agreement") BETWEEN: Onni Properties LLC,an Arizona limited liabilityy company with an office at 17011 Beach Blvd.,Suite 206,Huntington Beach, CA 92647 (the"Licensor") AND: The City of Huntington Beach,a municipal corporation of the State of California with an office at 2000 Main Street,Huntington Beach,CA 92648 Contact#: 714-536-5579 Email: Catherine.iiii@stnicity-hb.org (the"Licensee") A. Onni Huntington Beach LLC ("Owner") is the owner of real property located at 7842 Warner Avenue,Huntington Beach, CA 92647("Property"); B. Owner retained("Licensor")to manage the Property; C. The Licensor has the right to issue licences for the use of various parking stalls located within the parking structure(the"Parking Facility")located at the Property; D. The Licensee wishes to be granted a licence to use fifty(50)unreserved parking stalls located and assigned as follows:fifty(50)unreserved parking stalls on the 6th level of the Parking Facility in accordance with the terms contained herein(collectively,the"Licensed Spaces"); E. Licensor and Licensee intend to make Owner a third-party beneficiary of this Agreement;and F. Except as provided for herein,Licensor and Licensee do not intend to make any other person or entity, including but not limited to any of Licensee's authorized users,a third-party beneficiary of this Agreement. WITNESSES that in consideration of the covenants,agreements and conditions hereinafter reserved and contained on the part of the Licensor and the Licensee to be respectively kept,performed and observed, the Licensor and the Licensee agree as follows: 1. The Licensor hereby grants to the Licensee and its invitees,the non-exclusive right, license and privilege to use the Licensed Spaces on a fixed term throughout a twenty-four(24)hour daily basis commencing on July 1,2022(the"Commencement Date")and terminating June 30, 2023 (the"Termination Date"). 2. The Licensee hereby covenants and agrees to pay,without demand,deduction or set-off,to the Licensor,or to any operator(the"Operator")of the Parking Facility as designated by the Licensor from time to time,to use 50 Licensed Spaces pursuant to this Agreement. The Parking Fee for the allotted fifty(50)unreserved parking passes is currently One Hundred Page 1 of 11 117 and 00/100 Dollars($100.00) per month for each parking stall(the"Parking Fee"),or Five Thousand and 00/100 Dollars ($5,000.00)per month for all the Licensed Spaces(the"Total Monthly Parking Fee"). The total parking fee over the fixed term of this agreement per Section 1 is$60,000.00. The Total Monthly Parking Fee will be payable on the first day of each month. rt the°Vent tliat°theLicensee fails to'coinplj�with the provisions hereof,the Deposit`sball beeeine the tietttee withhi II days of the teiminationOfthis Agtecinent 4. If so required by Licensor,a valid permit must be visibly displayed with number and/or barcode facing the windshield (unless Licensor confirms that no permit is required for that facility). Failure to do so will be considered a breach of this Agreement and, in addition to any other parking remedies available,Licensor may tow such vehicle at the sole expense of the vehicle's owner. 5. As applicable,the Licensee hereby agrees to purchase the required Remote and/or Proximity style access device("Access Device(s)")to gain access to the Licensed Space at a cost to be determined by the Licensor. One(1)device is required for each parking stall comprising the Licensed Space. Lost or stolen devices must be reported to the Operator immediately,and a replacement will be issued at the then market rate. 6. Misuse of these access devices will be considered a breach of this Agreement.If the same permit number is found on more than one vehicle at a time,or if an Access Device is used to admit more than one vehicle at a time into the Parking Facility,that permit will automatically be deemed invalid,and Licensor may tow one or more vehicles,at the sole expense of the Licensee or vehicle owners,in addition to any other remedies available to Licensor. 7. The Licensee covenants and agrees with the Licensor as follows: (a) Each Licensed Space within the Parking Facility will only be used for the sole purpose of parking road-legal passenger sedans,vans, sport utility vehicles,standard size pickup trucks, and motorcycles on condition the vehicle fits under the height limitation at the Parking Facility and within a single Licensed Space(collectively,"Vehicles").The definition of Vehicles excludes all trailers, campers, commercial vehicles,vehicles that are not legally permitted to operate on public roads,watercraft and similar recreational equipment,recreational vehicles (RVs), and any inoperable or unlicensed motor vehicle, all of which are not permitted to use a Licensed Space; (b) Licensee will require that all Vehicles must be operational and insured.Licensee shall provide the Licensor with the following information of each Vehicle that Licensee will allow,per this Agreement,to occupy the Licensed Space from time to time(the "Authorized Vehicle(s)"): See attached Appendix"A" Page 2 of it 118 Vehicle: Make: Model; Color: Plate No: } (c) Any Authorized Vehicles will not be parked,left, or abandoned in a manner that impedes or prevents ready ingress, egress,or passage through the Parking Facility,or in a manner that impedes or prevents access to or from any parking space within the Parking Facility; } (d) All Authorized Vehicles will strictly abide by and comply with all reasonable rules and regulations in respect of the Parking Facility or the Licensed Space which may be made from time to time by the Licensor or any Operator; (e) All Authorized Vehicles will strictly abide by and comply with any additional terms and conditions displayed on the signage at the Parking Facility,which may be posted from time to time by the Licensor or any Operator,with the sole exception of terms and conditions relating to parking rates; • (f) Licensee will defend,indemnify and hold harmless the Licensor, Owner and their respective members,managers, officers,directors,agents,consultants,employees, subsidiary and affiliated companies(collectively,"Indemnitees")from an,frand-al-1 claims,demands,suits,liabilities, losses(including but not limited to economic losses, loss of use,expenses,and litigation costs including reasonable attorney's fees)involving property damage or personal injury including death or bodily injury(collectively, "Claims")that directly arise out of,or directly relate to negligence,and willful misconduct of Licensee or its agents,employees,contractors,subcontractors, licensees, or invitees in performing obligations or exercising rights under this Agreement including use of the Parking Facility and Licensed Spaces..Notwithstanding,the foregoing indemnification obligation will not apply to Claims that arise out of the negligence or willful misconduct of Indemnitees;provided,however,Licensee shall indemnify and hold harmless Indemnitees against the equitable share of liability attributed to Licensee or its agents,employees,contractors, subcontractors,licensees,or invitees. (g) Licensee will not assign, in whole or in part, its rights under this Agreement and will not permit any person or persons other than the persons described herein to use the Licensed Space without the prior written consent of the Licensor,which consent may be withheld in the Licensor's sole discretion; and (h) Subject to subsection(g) immediately above,Licensee may distribute Access Devices to certain authorized users approved by Licensor,provided that they first sign and return to Licensee,the written waiver and release attached hereto as Appendix B. 8.. Each new or replacement permit or Access Device issued is subject to a non-refundable fee and/or a refundable deposit determined solely by the Licensor. Page 3 of 11 119 9. The parking of unlicensed or uninsured Vehicles, and the repair, maintenance,or washing of Vehicles in the Parking Facility is prohibited. The parking of Vehicles that pose any kind of hazard or that contain hazardous contents is prohibited.Vehicles parked for the purpose of . promotional activities or advertising are prohibited. 10. It is expressly understood and agreed by the Licensee that this Agreement is the grant of a bare licence of space for parking purposes only and the Licensor, its servants,agents and employees shall have no liability or responsibility for any damage, loss, cost, expense or injury of whatsoever nature suffered or incurred by the Licensee or the Licensee's servants,employees, invitees or licensees or by or to any vehicle or the contents thereof,all of which shall at all times be at the sole risk of the Licensee. 11: It,is understood that the Licensor shall have the right,at any time and from time to time upon demolition of the Parking Space,to either terminate this Parking Licence or upon written notice before and during the term and any renewal of this Parking Licence,to change the location of the Licensed Space to another location anywhere else in the Licensor's property. 12. No Vehicle may be parked at the Parking Facility for more than 72 consecutive hours ("Stored"), unless first agreed to in writing by Licensor. 13. The Licensor,without liability,may remove or cause to be removed any vehicle(s),including but not limited to Authorized Vehicles or other objects at the Property that do not comply with or violate any term of this Agreement. 14. The Licensee shall have the right, in common with other licensees,to use the common areas of the Parking Facility for the purposes of ingress to and egress from the Licensed Space in such areas as the Licensor may designate from time to time as available for access and passage by pedestrians or vehicles,as may be the case,but the Licensee shall make no other use of such common areas of the parking facility. 15. In the event of any damage to the Parking Facility or the Licensed Space which renders the Licensed Space unsuitable for the purposes intended herein,the licence contained in this • Agreement and this Agreement may be cancelled forthwith at the option of either party. 16. The Licensor and the Licensee agree each with the other that: (a) if any payment required to be paid hereunder shall not be paid within ten(10)days of the day appointed for payment;or (b) in case of default by the Licensee in performing or observing any of the covenants, agreements,provisions or conditions of this License Agreement on the part of the Licensee to be observed and performed,excluding the payment of the Parking Fee for which Subsection 18 of this Agreement shall govern,and such default shall not have been remedied within five(5)days after written notice thereof from the Licensor; then this License Agreement may be terminated at any time thereafter by notice in writing from the Licensor to the Licensee provided that such termination shall be wholly without prejudice to the Licensor's rights to recover any money owing pursuant to the terms of this Agreement,or Page 4 of 11 120 damages for any breach of the covenants,obligations or agreements under this License Agreement by the Licensee. 17. The Licensor or Licensee may, upon ten(10)days' written notice to the other party,terminate this Agreement with respect to any one or more of the parking stalls comprising the Licensed Space. 18. If the Licensee should fail to pay the Parking Fee,or any instalment thereof,promptly when due, the Licensor shall be entitled to charge and collect interest thereon,from the date upon which the same was due until actual payment thereof,at the rate of three per cent(3%)per annum in excess of the rate of interest charged and established from time to time by the main branch in Huntington Beach of the Licensor's bank as its most favourable rate of interest to its most creditworthy and substantial commercial customers,commonly known as its prime rate. 19. Any notice required by the provisions of this Agreement shall be in writing and may be either delivered personally or sent by prepaid,registered or certified mail and,if so mailed, shall be deemed to have been given five(5)days following the date upon which it was mailed and if delivered personally,shall be deemed to be delivered on the day such notice is left at the address of the party receiving it,so long as delivery is effected before 5:00 p.m. on a day which is not a Saturday, Sunday or statutory holiday in the City of Huntington Beach,and if delivered after such time or on such days,shall be deemed to be delivered on the next day which is not a Saturday, Sunday or statutory holiday in the City of Huntington Beach. The addresses of the parties for the purpose hereof shall be, in the case of the Licensor,the address of the Licensor set forth above,and in the case of the Licensee,the address of the Licensee set forth above. 20. As a condition precedent to the effectiveness of this Agreement,Licensee shall procure and maintain the following insurance coverage at Licensee's own expense: (Forward all certificates of insurance to insurance@onni.com) (a) Commercial General Liability("CGL")Insurance,with minimum $1,000,000.00 single limit of liability for bodily injuries,death and property damage, and personal injury resulting from any one occurrence,and $2,000,000.00 general aggregate. Such policy shall be provided using standard ISO Form CG0001,or equivalent form. (i) Such CGL policy shall be endorsed to include Licensor and Owner, and their respective employees,representatives,agents,officers,managers,members and directors as additional insureds(collectively,"Additional Insured Parties")using ISO Forms CG20 10 07/04 for ongoing operations and CG 20 37 07/04 for completed operations coverage,or their equivalents.Any provided form providing lesser or restricted coverage to the Additional Insured Parties is not equivalent and will be rejected. (ii) Such policy shall be endorsed to be Primary and Non-Contributory to any insurance or self-insurance maintained by any Additional Insured Parties. (iii) Such policy shall contain a waiver of subrogation in favor of all Additional Insured Parties. Page 5 of 11 121 (b) Workers Compensation in accordance with the laws of the state of California,and Employers Liability Insurance with a limit of not less than$1,000,000.00 per occurrence. Such policy shall be endorsed to include a waiver of subrogation in favor of the Licensor (c) Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles under this Agreement,with a combined single limit of not less than $1,000,000.00 per occurrence. Such policy shall be endorsed to include the Additional Insured Parties. is )...:at.1 ..,s;,.., m tamits ofr w 1 ty-o f$2nn nnn: t oe fo t- the=G ge Ie per' t s it T blity ,(e) Commercial Umbrella or Excess Liability Insurance with a minimum liability limit of $5,000,000 per occurrence and$5,000,000 general aggregate for liability for bodily injuries, death and property damage,and personal injury resulting. Such Umbrella or Excess policy shall provide coverage over and specifically schedule the CGL, Commercial Automobile Liability,policies mentioned in sub sections(a),(b), (c),and(d) above. Such policy shall be specifically endorsed to be Primary and Non-Contributory to any insurance or self-insurance maintained by any Additional Insured Parties on the underlying policies. (f) Such minimum limits may be satisfied by a combination of primary and umbrella or excess liability policies. (g) Licensee waives all rights against Additional Insured Parties for recovery of damages to the extent that these damages are covered by commercial general liability,commercial umbrella liability, auto liability or workers compensation and employer's liability insurance maintained. (h) All policies required by this Agreement shall remain in force and effect for a period of one(1)year after the Termination Date, as set forth herein. 21. It is understood and agreed by the Licensor and the Licensee that nothing contained herein shall be construed as creating a legal demise or any greater interest in the Licensee in the Licensed Space than a licence on the terms hereinbefore provided. 22. This License Agreement and everything herein contained shall inure to the benefit of and be binding upon the successors and permitted assigns and other legal representatives of each of the parties hereto. It is understood and agreed that this agreement supersedes and cancels any and all previous agreements and understandings,if any, between the parties with respect to the subject matter hereof. [Signatures follow on next page] Page 6 of 11 122 } IN WITNESS WHEREOF the Licensor and Licensee have duly executed this agreement as of the day and year first above written. LICENSOR: ONNI PROPERTIES LLC Signature: _. Name: VI t 1 K 'Title: IDate:. LICENSEE: CITY OF VI . , s 'TORT ,- ' e.,': f� 4 Signature: t`--,14i 4 v- -' '' _. . �, Title: Mayor ,__ Date: '0, 2422 Signature: (A2 '14. Title: City Clerk. Date: .. /,. 2022 APPROVED AS TO FO L.% Signature; .41,. ,! ,G t' Title: Lit,.Attune" Page 7of12 123 Appendix "A" Parking Stall#: N/A Parking Pass#(if applicable): N/A User: . Vehicle: Make: Model: Color: Plate No: User: Vehicle: Make: Model: Color: Plate No: User: Vehicle: Make: Model: Color: Plate NO: Pages of 11 124 GG r§» Appendix ►. Page 10 of 11 126 PARKING AGREEMENT FOR AUTHORIZED USER Start Date: End Date: Authorized User's Name(s) Authorized User's Address: Telephone . Email:. Vehicle Make: Model: Color: Year:. License Plate:(State) (Number.)` By parking vehicles at the premises located at 17011 Beach Boulevard,Huntington Beach,CA 92647("Ocean Plaza"),the undersigned authorized user("Authorized User")acknowledges and agrees to the following: 1. Prior to the start date(as set forth above),Authorized User shall maintain legally required automobile liability insurance covering the vehicle that is both current and in effect at all times the vehicle is at Ocean Plaza, 2. Authorized User has read,understands,and agrees to comply with the terms and conditions of the Agreement. 3. Parking any vehicles at Ocean Plaza for more than 72 consecutive hours is strictly prohibited,unless first authorized in writing by Licensor.The Licensor,without any liability,may remove or cause to be removed vehicles that do not comply with this provision. 4. If any term herein is deemed Illegal,unenforceable,or invalid by a court of competent jurisdiction,then any such term will be severed from the Waiver,and all other remaining terms are valid and enforceable. 5. Authorized User shall defend,indemnify,and hold harmless Onni Huntington Beach LLC,Onni Properties LLC,and their respective members,managers,partners,shareholders,directors,officers,agents,employees,and employees of its agents("Onni Parties"),from any and all legal claims and damages,including attorney's fees,that arise out of Authorized User parking vehicles at the premises. 6. ONNI PARTIES ARE NOT LIABLE FOR DAMAGES TO AUTHORIZED USER'S VEHICLE THAT ARISE OUT OF THE UNDERSIGNED PARKING VEHICLES AT OCEAN PLAZA,AND AUTHORIZED USER WAIVES RIGHTS TO AND RELEASES ONNI PARTIES FROM ANY AND ALL CLAIMS TO RECOVER DAMAGES FOR ANY AND ALL PROPERTY DAMAGE THAT ARISES OUT OF USE OF THE PARKING FACILITY,HOWEVER CAUSED,EXCEPT FOR THE SOLE NEGLIGENCE OF ONNI PARTIES. By signing below,you represent that you read,understand,and agree to the above and the implications of signing this Waiver. Agreed to on this day of a Signature: Print Name: Page 11 of 11 127 CERTIFICATE NO. ISSUE DATE • GL1-18541 Al CERTIFICATE OF COVERAGE 05//0312022 "' "" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR Public Risk Innovation, ALTER THE COVERAGE AFFORDED BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE Solutions, and Management CERTIFICATE HOLDER . C/O ALLIANT INSURANCE SERVICES,INC. ` ' PO BOX 6450 IMPORTANT:If the cedificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF NEWPORT BEACH,CA 92658-6450 SUBROGATION,the Memorandums of Coverage must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PHONE(949)756-0271/FAX(619)699-0901 LICENSE#0C36861 COVERAGE A-Public Risk Innovation,Solutions,and Management AFFORDED Member COVERAGE , CITY OF HUNTINGTON BEACH AFFORDED B ATTN:DEANNA SORIA , COVERAGE 2000 MAIN STREET AFFORDED C • HUNTINGTON BEACH,CA 92648 COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED,NOTWITHSTANDING ANY'REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH MEMORANDUMS.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _._,. CO TYPE OF COVERAGE MEMORANDUM COVERAGE COVERAGE LIABILITY LIMITS LTR NUMBER EFFECTIVE DATE EXPIRATION DATE I A © Excess General Liability PRISM•PE 21 EL-134 , 07/01/2021 07/01/2022 $6,000,000 © General Liability Aggregate $7,000,000 © Auto Liability $1,000,000 • Limits Inclusive of the :Members Seif-lnsureit' Retention of 1,000,000 Description of Operations/LocationsNehicles/Special Items:• s AS RESPECTS AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND OMNI PROPERTIES,LLC.FOR PARKING LOT LICENSE AGREEMENT DATED MARCH 30,2022 FOR USE OF FIFTY(50) PARKING STALLS LOCATEDON 6TH FLOOR OF PARKING FACILITY LOCATED AT 7842 WARNER AVE,HUNTINGTON BEACH,CA 92647. OMNI PROPERTIES,LLC,AND THEIR RESPECTIVE EMPLOYEES,REPRESENTATIVES,AGENTS,OFFICERS,MANAGERS,MEMBERS AND DIRECTORS ARE INCLUDED AS ADDITIONAL COVERED PARTIES,BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED. . THIS INSURANCE SHALL BE PRIMARY AND NO OTHER INSURANCE SHALL CONTRIBUTE PURSUANT TO ENDORSEMENT NUMBER U-9. THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST THE ADDITIONAL COVERED PARTY(IES)PURSUANT TO ' ENDORSEMENT NUMBER U-8. Cancellation S Certificate Holder SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WIL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS. OMNI PROPERTIES LLC 17011 BEACH BLVD.,STE 206 ... HUNTINGTON BEACH,CA 92647 AUTHORIZED REPRESENTATIVE , Public Risk Innovation,Solutions,and Management PAGE 1 OF 2 I 128 • ENDORSEMENT NO.U-1 PUBLIC RISK INNOVATION,SOLUTIONS,AND MANAGEMENT GENERAL LIABILITY 1 ADDITIONAL.COVERED PARTY AMENDATORY ENDORSEMENT It is agreed that the'Covered Party,Covered Persons or Entities"section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage,but only with respect to liability arising out of premises owned by or rented to the Member,or operations performed by or on behalf of the Member or such person or organization so designated. Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract. .ADDITIONAL COVERED PARTY NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE AS RESPECTS: PER ATTACHED CERTIFICATE OF COVERAGE It is further agreed that nothing herein shall act to increase PRISM's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date Memorandum No. PRISM 21 EL-00 Issued to: ALL MEMBERS Issue Date: June 25.2021 A orized Representative Public Risk Innovation,Solutions,and Management PAGE 2 OF 2 129 ENDORSEMENT NO.il:$ PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT GENERAL LIABILITY 1 AMENDATORY ENDORSEMENT -WAIVER OF SUBROGATION It is understood and agreed that Condition 8. SUBROGATION, of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following: 8. SUBROGATION PRISM shall be subrogated to the extent of any payment hereunder to all the covered party's rights of recovery therefore; and the covered party shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any,amount so recovered shall be apportioned as follows: Any interest(including the covered party's) having paid an amount in excess of the self- insured retention, plus the limit of liability, hereunder shall be reimbursed first to the extent of actual payment. PRISM shall be reimbursed next to the extent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to reimburse the covered party. The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. If there is no recovery in proceedings conducted solely by PRISM, it shall bear the expenses thereof. Notwithstanding the above, PRISM waives its rights of subrogation against any person or organization with whom the covered party has entered into a written agreement that includes a waiver of subrogation, but only if the agreement is in effect before the injury, damage or liability occurs. It is further agreed that nothing herein shall act to increase PRISM's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Memorandum No. PRISM 21 EL-00 Issued To: ALL MEMBERS Issue Date: June 25, 2021 prized Representative Public Risk Innovation, Solutions, and Management 130 ENDORSEMENT NO. Uzi PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT GENERAL LIABILITY 1 AMENDATORY ENDORSEMENT -.PRIMARY/NON-CONTRIBUTORY It is understood and agreed that Condition 7. OTHER COVERAGE of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following: 7. OTHER COVERAGE If collectible insurance with an insurer, or collectible group coverage through another joint powers authority, interlocal cooperative agreement, self-insurance or other public entity group coverage is available to the covered party covering a loss also covered hereunder (whether on a primary, excess or contingent basis), the coverage hereunder shall be: (a) in excess of, and shall not contribute with, such insurance; and (b) shall contribute only with any excess group coverage available through another joint powers authority according to a pro-rata, time on the risk basis. However, this clause does not apply with respect to excess insurance purchased specifically to be in excess of this Memorandum, or to insurance or reinsurance which is intended to provide the remainder of the limit of liability stated in the Declarations of this Memorandum when the coverage afforded under this Memorandum provides less than 100 percent of the limit set forth in the Declarations. However, if the covered party has entered into a written agreement, prior to any loss event, in which it is agreed that this coverage shall be primary and/or non-contributory with respect to an additional covered party as specified in Endorsement U-1 of this Memorandum, then this coverage shall respond as primary and/or non-contributory, but shall be limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by the written agreement. Notwithstanding the foregoing paragraph, if coverage for a claim or suit is available under this Memorandum and a memorandum of coverage issued in connection with the PRISM's Medical Malpractice Program, this Memorandum shall afford primary coverage only where the gravamen of the claim or suit involves liability covered hereunder. EIA staff will preliminarily assess the gravamen of the claim or suit and refer it to the committee responsible for the coverage believed to be applicable under this paragraph. Where that committee disputes PRISM's assessment of the gravamen of the claim or suit and rejects primary coverage, PRISM will thereafter refer the claim or suit to the committee responsible for the other applicable coverage. If that committee also rejects the primary coverage responsibility, the Executive Committee will determine which of PRISM's coverages is'primary under this paragraph. If the Member disputes the acceptance of primary coverage by a committee of PRISM's responsible for the coverage, the Member may appeal that decision to the Executive Committee. Appeal must be requested within 60 days of the coverage acceptance by PRISM. 131 If the Member is not satisfied with the outcome of the Executive Committee appeal or the determination by the Executive Committee as to which of PRISM's coverages is primary where no committee agreed to accept primary responsibility, the Member may invoke Section (d) and (e) of Article 31 of PRISM's Joint Powers Agreement and proceed to arbitration and, if necessary, litigation. For purposes of this paragraph, the Member must request to invoke Article 31 dispute resolution process within 60 days of the Executive Committee's determination as to which of PRISM's coverages is primary. Where a memorandum of coverage issued in connection with PRISM's Medical Malpractice Program is determined to afford primary coverage pursuant to this section, the exhaustion of PRISM's limit of liability under the Medical Malpractice Program will satisfy the covered party's self-insured retention under this Memorandum. Coverage for the additional covered party under this endorsement is limited to the written contract or agreement as specified on the Certificate of Coverage and Endorsement U-1 of this Memorandum. It is further agreed that nothing herein shall act to increase PRISM's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. , Effective Dat Memorandum No. PRISM 21 EL-00 Issued to: ALL MEMBERS Issue Date June 25, 2021 i.114414) yuthorized Representative Public Risk Innovation, Solutions, and Management 132 CERTIFICATE NO. ISSUE DATE WC-4873 CERTIFICATE OF COVERAGE 05/03/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO PUBLIC RISK INNOVATION, RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE SOLUTIONS, AND MANAGEMENT AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR CIO ALLIANT INSURANCE SERVICES,INC. PRODUCER,AND THE CERTIFICATE HOLDER PO BOX 6450 IMPORTANT:If the certiricale holder Is requesting'a WAIVER OF SUBROGATION,the " NEWPORT BEACH,CA 92656.6450 Memorandums of Coverage must be endorsed.A statement on this cedlficate does not confer PHONE(949)756-0271/FAX(619)699-0901 rights to the certificate holder In lieu of such endorsement(s). LICENSE#0C36861 COVERAGE AFFORDED A-See attached schedule of Insurers • COVERAGE MCITY OF HUNTINGTON BEACH AFFORDED B ATTN:DEANNA SORIA — 2000 MAIN STREET COVERAGE HUNTINGTON BEACH,CA 92648 AFFORDED C COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH MEMORANDUMS AND POLICIES. .._ _. �_ CO TYPE OF COVERAGE MEMORANDUM/ COVERAGE COVERAGE LIABILITY LIMITS LTR POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE A EXCESS WORKERS' See attached 07/01/2021 07/01/2022 WORKERS' COMPENSATION& Schedule of COMPENSATION: EMPLOYER'S LIABILITY Insurers for policy Difference between numbers Statutory and Members $1,000,000 Retention EMPLOYERS' LIABILITY: Difference between $5,000,000 and Members • Retention • LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED. Description of Operations/LocationsNehicles/Special Items • AS RESPECTS EVIDENCE OF COVERAGE FOR AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND OMNI PROPERTIES,LLC.FOR PARKING LOT LICENSE AGREEMENT DATED MARCH 30,2022 FOR USE OF FIFTY(50) PARKING STALLS LOCATEDON 6TH FLOOR OF PARKING FACILITY LOCATED AT 7842 WARNER AVE,HUNTINGTON BEACH,CA 92647. THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST OMNI PROPERTIES,LLC,AND THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES,AGENTS,OFFICERS,MANAGERS,MEMBERS AND DIRECTORS PURSUANT TO ENDORSEMENT NUMBER U-2. Certificate Holder Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS. OMNI PROPERTIES,LLC 17011 BEACH BLVD,STE 206 AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH,CA 92647 Public Risk Innovation,Solutions,end Management 133 PUBLIC RISK INNOVATION, SOLUTIONS,AND MANAGEMENT EXCESS WORKERS' COMPENSATION PROGRAM 2021/2022'SCHEDULE OF INSURERS CITY OF HUNTINGTON BEACH • PROVIDER MEMORANDUM/ LIMIT POLICY NUMBER Public Risk Innovation, PRISM PE 21 EWC- Workers'Compensation: Solutions,and Management 164 $50,000,000 each accident/each employee for disease (Difference between$50,000,000 and the individual member's retention) Employers'Liability: $5,000,000 each accident/each employee for disease (Difference between$5,000,000 and the individual member's retention) Liberty Insurance Corporation EW7-64N-444785-011 Statutory each accident/each employee for disease excess of $50,000,000 e 6� 134 ENDORSEMENT NO. U-2 PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT EXCESS WORKERS' COMPENSATION WAIVER OF SUBROGATION ENDORSEMENT It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the Memorandum of Coverage is deleted in its entirety and replaced by the following: VIII. SUBROGATION: In the event of any payment under this Memorandum, PRISM shall be subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore, and the Covered Party shall execute all papers required and shall do everything that may be necessary to secure such rights. Any amount recovered as a result of such proceedings, together with all expenses necessary to the recovery of any such amount shall be apportioned as follows: PRISM shall first be reimbursed to the extent of its actual payment hereunder. If any balance then remains, said balance shall be applied to reimburse the Covered Party. The expenses of all proceedings necessary to the recovery of such amount shall be apportioned between the Covered Party and PRISM in the ratio of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on the initiative of PRISM, the expenses thereof shall be borne by PRISM. However, in the event of any loss payment under this Memorandum for which you have waived the right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our right of recovery but only with respect to such loss. It is further agreed that nothing herein shall act to increase PRISM's limit of indemnity. This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of the Memorandum of Coverage unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Memorandum No.: PRISM 21 EWC-00 Issued to: ALL MEMBERS Issue Date: June 25, 2021 Dazed Representative Public Risk Innovation,Solutions, and Management 135 • IOW L 1INGrateillitik �. •• ,• _. •' � •••• Ilk pRPORgT���� IIII L FD .. <9 ‘ . ji W. el' Ilk ,,,, Oak View Pilot r I/�11'1 � ate Il'kr u. Il '=- _ Parking Program _ _...„ -„,, ,,, ,Aii 4.~� ____ . ___ _ _ -- ' Q, t Program Update and Recommendations win iej .,.,--' -4 _ • _ _.-5--.);_ •% tom—' 0 �aL _ -- 0 � • ' O ��• •:/ May 16, 2023 •:'"•ii ' • /7, 1 9 Pil` 1 ..• •<C' 0 is ) \..\ ## UN TNIL c ,r a ° Leal 461 °� �- � RtIL Hand Rol!Bari ,�j� N $ .� :r fi4 7 a 'y°tom° ,� .c ;v'�'" c SSA sk, 'p 7?fD .' ''�� '4 Zi«g 4'1C29 y7¢ ryeIx' a i• ,M. .." µ "w. .'0_ k* t S0 moreiDnVe �r # h „ Raifif7' f:AL. E vtrtilh eati tal,Seruic�s t � � � � ' Parking Structure � ���"� r a 2 � I1,11;44'86,,,„01.'w®a-k!' 4,1,? S hochoo o ti` m '1a....r.— .„, -37 p..K,42-.,,g,,,..„,,,,... ,.;a„ "' . gatTiv �rt � _ k� A :- :' r°" m7:11gton•Beach 4" .3:rtit-lel:: ', .�. ,r; 7 `.- s";. t' �q p ia..•fir r rx, i.„. tto rtie deWelit.R.T:4„„s„ . ",..4* # c,:•074. , ', - - `A 1 A:Oa VIEW € ,' xAa, 1. t '1 4, -• ,. , .4 -.''''. -- '-7. - .4. V 02'1,—• ,'.;.',- Li...1.''. 'f4f ,.. ,,..„,,,,,,,,....„..,,,,,,,,, 1 ,„ t ' Armes T#irif#Store pail `� � P. 11 � ::::::::ING:::::::-:1t p 41-t..." t �- s, {3y T 12�iJ0 Utt21 y 11 �\t s :iO;y+ r'-4 ' ai ES tea {is. «t t c6b. 6.'€ era• >r _ 4 \� og : 1 `S'` d . �u. ., s ae,., Ho�E IVIOl2 t'' \\94.'... e ofO 1 Oak View Neighborhood e= <CooNTv t ;1 Beach R cyc ing ,, :,A — .:''Sf 14,4 37 ��, Progress Update • Program participation varied from month to month, peaking at 48 in July 2022 and declining to 29 in February 2023. • Program usage was low. On average, participants used the program 13% of the time they were enrolled. Highest usage by a participant was 56%; lowest was 0%. • On average, City received 73% of participant payments each month. Ii��NT I G• �� f O fr\icogPae`arEoe. � 3"fl \ S — S Recommendations A) Receive and file the Oak View Pilot Parking Program Update; and B) Conclude the Program when the pilot year sunsets on June 30, 2023. I/// � ,� Q�f N��RPOfiAI= \ p S':' ..�2 f �9t." _ Coj if Wil L 11111116, - v,l'A TIN N i ••....,. D v ik Iv : '•tc P0RAT6'•�IV ---- t� -- ak \fi w P ii of e _ ___ 0. s.„).7 --Ii414 a ,,„i ( , s, .,,,rrJ •%�i ; ••=- - - � - • - - _ • _- Parking Program � -...----- - - us- f ......... t . : - . _._� j)f , •• Program Update and Recommendations V �' Q; O May 16, 2023 14.••••'•••••••• ‘\k-7.'i 7 7 1 9'01` i ".•.— <s ° 0V UNTH( tg0 4 1 0� FrArJV Moore, Tania From: Fikes, Cathy Sent: Thursday, May 11, 2023 7:36 PM To: Agenda Alerts Subject: FW: Public Comment Item 13 Tuesday, May 16, 2023 From: Tasty<channelfrequency@gmail.com> Sent: Thursday, May 11, 2023 4:04 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Public Comment Item 13 Tuesday, May 16, 2023 To City Council, Good evening Mr. Mayor& City Council. Ben Pickens here. About Item 13. 23-406 Oak View Pilot Parking Program Update and Recommendation I don't have enough information about the Pilot Parking Program but I'll say I think this parking structure was built, fully intended, for maximum commercial use and I want it to stay that way. I was unable to comment on Item 2 from the previous meeting due to lack of information so I have additional non-agendized comments. 2. 22-845 Oak View Library and Community Center Master Plan I don't have enough information about Oak View Library and Community Center. I also don't have enough information regarding the building of a gym on non-school property, and built on established green space. Unfortunately, I think this neighborhood, distinct from the commercial site, has a history of high crime. I think this area is also bound by the restraints of the disposal recycling industry and is also not planned for train station access. I think this area is not planned as a medium or high density community area. If a fully functional Library Branch is necessary, I want it to be located next to Huntington Center and not inside a neighborhood. I can't even enter this neighborhood road because the parked cars block the visibility. This project is totaled at$66,587,000. Why? I think the architecture doesn't follow the City Charter architecture selections. I'm not aware of a reason for coliseum structures to be built in the city. I want beaches, parks, commercial and amusement parks. I prefer a denial or redesign of the project and to include some additional eucalyptus trees to provide scent. I'm confident with the directions I've suggested. Sincerely, Ben Pickens, Resident SUPPLEMENTAL COMMUNICATION Meeting Date: 5- IW?oa,3 1 Agenda Item No.; 13 l 2 3 - 0(0) 2000 Main Street, Huntington Beach,CA City of Huntington Beach 92646 File #: 21-636 MEETING DATE: 4/5/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Catherine Jun, Assistant to the City Manager Subject: Approve and authorize execution of a Parking License Agreement with Onni Properties LLC to Lease 50 Parking Spaces at 7842 Warner Avenue for the Oak View Pilot Parking Program (OV3P) Statement of Issue: The City Council is requested to consider a Parking License Agreement with Onni Properties LLC to lease 50 parking spaces in a parking structure at 7842 Warner Avenue. The parking spaces will be a key component of the proposed Oak View Pilot Parking Program, which will help, if only until a more permanent solution is found, alleviate the shortage of residential parking in the densely populated Oak View neighborhood. Financial Impact: Per the Parking License Agreement, the cost to lease one space is $100 per month plus a one-time fee of$20 per access device. Each participant will be required to contribute a cost-share of $10 per month. In sum, the City's cost to lease 50 spaces during the initial pilot year is $54,000, plus $1,000 for 50 access devices. Staff also requests a 15% contingency of$9,000 to cover any payment delays during participant turnover. The total program cost of $64,000 is included in the proposed Fiscal Year 2022-23 budget in Business Unit 10040101 (Non-Departmental Funds). As such, a budget appropriation is not required at this time. Recommended Action: Approve and authorize the Mayor to execute, "Parking License Agreement" between the City of Huntington Beach and Onni Properties LLC as part of the Oak View Pilot Parking Program. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Neighborhoods with higher housing and occupancy densities struggle to identify sufficient parking for residents; the Oak View community serves as a prime example. Oak View is a one square mile, densely populated neighborhood primarily consisting of multi-family residential buildings. With an average household size of seven occupants, Oak View evidenced the highest levels of overcrowding with 38 percent of renter households labeled as "severely overcrowded" (more than 1.51 persons per room). In comparison, just 2 percent of the City and 7 percent of Orange County are severely overcrowded. This density has contributed to City of Huntington Beach Page 1 of 3 Printed on 3/30/2022 PoNeleO34 Leq star„ File #: 21-636 MEETING DATE: 4/5/2022 insufficient parking throughout the neighborhood necessitating residents to spend considerable time searching for an available space. Oak View is identified as a low-income census tract and is prioritized for infrastructure and programmatic investments that will enhance the quality of life throughout the community. These investments are collectively known as Oak View Rising, and the OV3P is one such investment that will help address the parking issue with the provision of 50 parking spaces for a trial period of one year. These spaces will be located on the top level of a parking garage at the corner of Warner Avenue and Ash Lane, and Oak View residents with a valid City- issued permit will be able to utilize the parking spaces daily. To gauge interest in OV3P, staff implemented a survey and received 65 responses from Oak View residents (see attached). Nearly all residents indicated a strong interest in participating in the program, and a majority of respondents was willing to pay up to $10 per month to secure a space. A nominal cost-share may encourage participants' investment and use of the program. Based on the survey results, staff negotiated a Parking License Agreement with Onni Group, LLC, owners of the private garage on the northwest corner of Oak View at 7842 Warner Avenue. The proposed terms of the Agreement are as follows: Term: 12-month trial period beginning July 1, 2022 and ending on June 30, 2023 Use: 24-hour access to 50 parking spaces on the top floor of a parking garage located at 7842 Warner Avenue Cost: A monthly fee of$100 per space. Each participant will contribute $10 per month with the City paying the remaining $90. The City will also pay a one-time cost of $20 per access device. Furthermore, the OV3P guidelines are attached, and a brief summary is below: Eligible Residents living within the Oak View boundaries of Warner Avenue (north), Beach Participants: Boulevard (east), Talbert Avenue (south) and Gothard Street (west) may submit an application. Permits are limited to one per household. The City will begin accepting applications and in May 2022 will award 50 permits via lottery. All participants must furnish proof of insurance, vehicle registration, and residency in Oak View, and complete user agreement by June 30, 2022. Participants may opt out of the program at any time. Timeline: Permits will go into effect from July 1, 2022 through June 30, 2023. Other Info: Staff will analyze parking data and conduct quarterly user surveys throughout the year to determine program efficacy. The goal is to continue the program until additional parking can be installed in Oak View. There are tentative plans to build additional parking spaces as part of the Oak View Community Center project. Absent this, participants will be made aware that this is a pilot program, subject to changes or cancelation. It should be noted that Section 7(f) of the Parking License Agreement indemnifies Onni Properties LLC in instances of liability, losses, and claims Caused by participants. In turn, the City will require participants to maintain sufficient insurance, in an effort to address any damage that may incur. Staff will work with the Family Resources Center and Oak View Library to notify residents about the application process. Materials will be translated into Spanish to better communicate with Hispanic members of the community. Environmental Status: Not applicable. City of Huntington Beach Page 2 of 3 Printed on 3/30/2022 powerec37 Leg,star'- File #: 21-636 MEETING DATE: 4/5/2022 Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Parking License Agreement with Onni Properties, LLC 2. Oak View Pilot Parking Program - Guidelines 3. Oak View Pilot Parking Program - Survey Results from October 2021 City of Huntington Beach Page 3 of 3 Printed on 3/30/2022 Powered$Lenistar" PARKING LICENSE AGREEMENT THIS PARKING LICENCE AGREEMENT is made this 30th day of March. 2022 (the ''Agreement') BETWEEN: Onni Properties LLC, an Arizona limited liability company with an office at 17011 Beach Blvd., Suite 206, Huntington Beach. CA 92647 (the '`Licensor') A\1D: The City of Huntington Beach, a municipal corporation of the State of California with an office at 2000 Main Street. Huntington Beach. CA 92648 Contact #: 714-536-5579 Email: Catherine.jun(a�_surfeity-hb.org (the "Licensee") A. Onni Huntington Beach LLC (`Owner') is the owner of real property located at 7842 Warner Avenue. Huntington Beach. CA 92647 ("Property"): 13. Owner retained (`Licensor") to manage the Property; C. The Licensor has the right to issue licences for the use of various parking stalls located within the parking structure (the "Parking Facility") located at the Property: I.). The Licensee wishes to be granted a licence to use fifty (50) unreserved parking stalls located and assigned as follows: fifty (50) unreserved parking stalls on the 6" level of the Parking Facilit-v in accordance with the terms contained herein (collectively, the "Licensed Spaces'): E. Licensor and Licensee intend to make Owner a third-party beneficiary of this Agreement; and I.. Except as provided for herein. Licensor and Licensee do not intend to make any other person or entity, including but not limited to any of Licensee's authorized users, a third-party beneficiary of this Agreement. WITNESSES that in consideration of the covenants, agreements and conditions hereinafter reserved and contained on the part of the Licensor and the Licensee to be respectively kept, performed and observed. the Licensor and the Licensee agree as follows: I. The Licensor hereby grants to the Licensee and its invitees, the non-CXCIuSive right. license and privilege to use the Licensed Spaces on a fixed term throughout a twenty-four (24) hour chill, basis commencing on .July 1, 2022 (the "Commencement Date") and terminating .June 30, 2023 (the"Termination Date"). 2. The Licensee hereby covenants and agrees to pay. without demand. deduction or set-off. to the Licensor, or to any operator(the "Operator) of the Parking Facility as designated by the Licensor from time to time, to use 50 Licensed Spaces pursuant to this Agreement. The Parking Fee for the allotted fifty (50) unreserved parking passes is currently One Hundred Vage I of 11 and 00/100 Dollars (SI00.00) per month for each parking stall (the "Parking Fee"), or Five Thousand and 00/100 Dollars (S5,000.00) per month for all the Licensed Spaces (the "Total Monthly Parking Fee"). The total parking fee over the fixed term of this agreement per Section 1 is $60,000.00. The Total Monthly Parking Fee will be payable on the first day of each month. 3. n. tile .:flit. ._f , on ,.fthis AffeellW111. the ieef, hall PH)' 10 the l4ety+sot ef-Opera , eF tile n........... .. .1.,. ease may be shall l.e klt bQSiS Hild--iii the #'tee sof-wit icee e rr.l.absolute PFBpek�' _ d. If so required by Licensor, a valid permit must be visibly displayed with number and/or barcodc facing the windshield (unless Licensor confirms that no permit is required for that facility). Failure to do so will be considered a breach of this Agreement and. in addition to any other parkin_ remedies available, Licensor may tow such vehicle at the sole expense of the vehicle's owner. 5. As applicable. the Licensee hereby agrees to purchase the required Remote and/or Proximity style access device ("Access Device(s)") to gain access to the Licensed Space at a cost to be determined by the Licensor. One (I) device is required for each parking stall comprising the Licensed Space. Lost or stolen devices must be reported to the Operator innmcdiatcly. and a replacement will be issued at the then market rate. 6. Misuse of'these access devices will be considered a breach ofthis Agreement. Ifthc same permit number is found on more than one vehicle at a time. or if an Access Device is used to admit more than one vehicle at a time into the Parking Facility. that permit will automatically be deemed invalid, and Licensor may tow one or more vehicles, at the sole expense of the Licensee or vehicle owners, in addition to any other remedies available to Licensor. 7. The Licensee covenants and agrees with the Licensor as follows: (a) Each Licensed Space within the Parking Iacility will only be used for the sole purpose of parking road-legal passenger sedans. vans. sport utility vehicles. standard size pickup trucks. and motorcycles on condition the vehicle fits under the height limitation at the Parking Facility and within a single Licensed Space (collectively, "Vehicles"). The definition of Vehicles excludes all trailers, campers. commercial vehicles. vehicles that are not legally permitted to operate on public roads. watercraft and similar recreational equipment, recreational vehicles (RVs). and any inoperable or unlicensed motor vehicle. all of which are not permitted to use a Licensed Space: (b) Licensee will require that all Vehicles must be operational and insured. Licensee shall provide the Licensor with the following information of each Vehicle. that Licensee will allow, per this Agreement, to occupy the Licensed Space from time to tirne (the "Authorized Vehicle(s)"): See attached Appendix "A" Page 2 of I I Vehicle: Make: btodel: Color: ['late No: (c) Any Authorized Vehicles will not be parked. Icft. or abandoned in a manner that impedes or prevents ready ingress. egress. or passage [brooch the Parking Facility, or in a manner that impedes or prevents access to or From any parking space within the Parking Facility: (d) All Authorized Vehicles will strictly abide by and comply with all reasonable rules and regulations in respect of the Parking Facility or the Licensed Space which may be made from time to time by the Licensor or any Operator: (c) All Authorized Vehicles will strictly abide by and comply with any additional teens and conditions displayed on the signage at the Parking Facility. which may be posted from time to time by the Licensor or any Operator. with the sole exception of terms and conditions relating to parking rates-. (I) Licensee will defend. indemniljy and hold harmless the Licensor. Owncr and their respective members. managers. officers, directors. agents. consultants. employees. subsidiary and affiliated companies (collective]\•. "Indemnitees") from err; ttncl 1411 claims. demands. suits, liabilities, losses (including but not limited to economic losses, loss of use, expenses, and litigation costs including reasonable attorney's fees) involving property damage or personal injury including death or bodily injury (collectively, "Claims`) that directly arise out of, or directly relate to negligence, and willful misconduct of Licensee or its agents. employees. contractors. subcontractors. licensees, or invitees in performing obligations or exercising rights under this Agreement including use of the Parking Facility and Licensed Spaces.. Notwithstanding. the foregoing indemnification obligation will not apply to Claims that arise out of the negligence or willful misconduct of Indemnitees: provided. however. Licensee shall indemnify and hold harmless Indemnitees against the equitable share of'liability attributed to l.icensce or its agents. employees. contractors. subcontractors, licensees. or invitees. (g) Licensee will not assign. in whole or in part, its rights under this Agreement and will not permit anv person or persons other than the persons described herein to use the Licensed Space without the prior written consent of the Licensor. which consent may be withheld in the Licensor's sole discretion: and (h) Subject to subsection (g) immediately above. Licensee may distribute Access Devices to certain authorized users approved by Licensor, provided that they first sign and return to Licensee, the written waiver and release attached hereto as Appendix 13. 8. Each new or replacement permit or Access Device issued is subject to a non-refundable fee and/or a refundable deposit determined solely by the Licensor. Page 3 ni I I 9. The parking of unlicensed or uninsured Vehicles. and the repair, maintenance, or washirn, of' Vehicles in the Parking Facility is prohibited. The parking of Vehicles that pose any kind of hazard or that contain hazardous contents is prohibited. Vehicles parked for the purpose of promotional activities or advertising are prohibited. 10. It is expressly understood and agreed by the Licensee that this Agreement is the grant of a bare licence of space for parking purposes only and the Licensor, its servants. agents and employees shall have no liability or responsibility for any damage, loss, cost. expense or injury of whatsoever nature suffered or incurred by the Licensee or the Licensee's servants. employees, invitees or licensees or by or to an- vehicle or the contents thereof. all of which shall at all times be at the sole risk of the Licensee- 1 1. It is understood that the Licensor shall have the right, at any time and from time to time upon demolition of the Parking Space, to either terminate this Parking Licence or upon written notice before and during the term and any renewal of this Parking Licence. to change the location of the Licensed Space to another location anywhere else in the Licensor's property. 12. No Vehicle may be parked at the Parking Facility for more than 72 consecutive hours ("Stored'). unless first agreed to in writing by Licensor. 13. The Licensor, without liability, may remove or cause to be removed any vehicle(s). including but not limited to Authorized Vehicles or other objects at the Property that do not comply with or violate any term of this Agreement. 14. The Licensee shall have the right. in common with other licensees. to use the common areas of the Parking Facility for the purposes of ingress to and egress from the Licensed Space in such areas as the Licensor may desiumate from time to time as available for access and passage by pedestrians or vehicles. as may be the case. but the Licensee shall make no other use of such common areas of the parking facility. 15. In the event of any damage to the Parking Facility or the Licensed Space which renders the Licensed Space unsuitable for the purposes intended herein, the licence contained in this Agreement and this Agreement may be cancelled forthwith at the option of either party. 16. The Licensor and the Licensee agree each with the other that: (a) if any payment required to be paid hereunder shall not be paid within ten (10) days of the day appointed for payment; or (b) in case of default by the Licensee in performing or observing any of the covenants. agreements. provisions or conditions of this License Agreement on the part of the Licensee to be observed and performed. excluding the payment of the Parking Fee for Which Subsection 18 of this Agreement shall govern. and such default shall not have been remedied within five (5) days after dvrittcn notice thereof'from the Licensor; then this License Agreement may be terminated at any time thereafter by notice in writing from the I-icensor to the Licensee provided that such termination shall be wholly without prejudice to the Licensor's rights to recover anv money owing pursuant to the terms of this Agreement. or Page 4 of I I damages for any breach of the covenants, obligations or agreements under this License Agreement by the Licensee. 17. The Licensor or Licensee may. upon ten (10) days' written notice to the other party, terminate this Agreement with respect to any one or more of the parking stalls comprising the Licensed Spacc. 18. If the Licensee should fail to pay the Parking fee. or any instalment thereof, promptly when due. the Licensor shall be entitled to charge and collect interest thereon. from the date upon which the same was due until actual payment thereof, at the rate of three per cent Q%) per annum in crcess of the rate of interest charged and established from time to time by the main branch in Huntington Beach of the L.icensor's bank as its most favourable rate of interest to its most creditworthy and substantial commercial customers, commonly known as its prime rate. 19. Any notice required by the provisions of this Agreement shall be in writing and may be either delivered personally or sent by prepaid, registered or certified mail and. if so mailed. shall be deemed to have been given five (5) days following the date upon which it was mailed and if delivered personally. shall be deemed to be delivered on the day such notice is left at the address of the party receiving it, so long as delivery is effected before 5:00 p.m. on a day which is not a Saturday. Sunday or statutory holiday in the City of Huntington Beach, and if delivered after such time or on such days, shall be deemed to be delivered on the next day which is not a Saturday, Sunday or statutory holiday in the City of Huntington Beach. The addresses of the parties for the purpose hereof shall be. in the case of the Licensor. the address of the Licensor set forth above, and in the case of the Licensee. the address of the Licensee set forth above. 20. As a condition precedent to the effectiveness of this Agreement. Licensee shall procure and maintain the following insurance coverage at Licensee's own expense: (Forward all certificates of'insurance to insurance a onni.com) (a) Commercial General Liability ("CGL-) Insurance, with mininuun $1.000.000.00 single limit of liability for bodily injuries,. death and property damage, and personal injury resulting from any one occurrence. and $2.000.000.00 general aggregate. Such policy shall be provided using standard ISO Form CG0001,or equivalent form. (i) Such CGL policy shall be endorsed to include Licensor and Owner, and their respective employees. representatives, agents, officers, managers, members and directors as additional insureds (collectively, "Additional Insured Parties') using ISO Forms CG20 10 07/04 for ongoing operations and CG 20 37 07/04 for completed operations coverage, or their equivalents. Any provided form providing lesser or restricted coverage to the Additional Insured Parties is not equivalent and will be rejected. (ii) Such policy shall be endorsed to be Primary and Non-Contributory to any insurance or self-insurance maintained by any Additional Insured parties. (iii) Such policy shall contain a waiver of subrogation in favor of all Additional Insured Parties. P:,Eo 5 or u (b) Workers Compensation in accordance with the laws of the state of California, and Employers Liability Insurance with a limit of not less than $I.000.000.00 per occurrence. Such policy shall be endorsed to include a waiver of subro,,ation in favor of the Licensor (c) Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles under this Agreement. with a combined single limit of not less than $1.000.000.00 per occurrence. Such policy shall be endorsed to include the Additional Insured Parties. (d)—Guruge- ty Ei , 116 s+ott ,.,....-.Fate) wit h minim .... limits ,.v liab'r,. ,.0 e300 nnn ..... .........J.''OR..a e 1 nnn nnn (c) Commercial Umbrella or Excess Liability Insurance with a minimum liability limit of $5.000.000 per occurrence and S5,000.000 general aggregate for liability for bodily injuries. death and property damage. and personal injury resulting. Such Umbrella or Excess policy shall provide coverage over and specifically schedule the CGL. Commercial Automobile Liability, policies mentioned in sub sections (a). (b), (c), and (d) above. Such policy shall be specifically endorsed to be Primary and \bn-Contributory to any insurance or self=insurance maintained by any Additional lnsnred Parties on the underlying policies. (I) Such minimum limits may be satisfied by a combination of primary and umbrella or excess liability policies. (g) Licensee waives all rights against Additional Insured Parties for recovery of damages to the extent that these damages are covered by commercial general liability, commercial umbrella liability. auto liability or workers compensation and employer's liability insurance maintained. (h) All policies required by this Ag-rcement shall remain in force and effect for a period of one (I) year after the Termination Date, as set forth herein. 21. It is understood and agreed by the Licensor and the Licensee that nothing contained herein shall be construed as creating a legal demise or any greater interest in the Licensee in the Licensed Space than a licence on the teens hereinbefore provided. 22. This Licensc Agreement and everything herein contained shall inure to the benefit ofand he binding upon the successors and permitted assigns and other legal representatives of each of the parties hereto. It is understood and agreed that this agreement supersedes and cancels any and all previous agreements and understandings. ifany. between the parties with respect to the subject matter hereof. [Signatures follow on next page] Puce 6 of 1 I A IN WITNESS WHEREOF the Licensor and Licensee have duly executed this agreement as of the day and year first above written. LICENSOR: ONNI PROPERTIES LLC Signature: Name: Title: Date: LICENSEE: CITY OF TI TON A 00 Signature: Title: Mayor Date: Signature: Title: —Ci _ Clerk Date: �n �r 2,02 2 APPROVED AS;TO FO Signature: Title: Ci Attorne COUNTERPART Page 7 of 12 IN WITNESS WHEREOF the Licensor and Licensee have duly executed this agreement as of the day and year first above written. LICENSOR: ONNI PROPERTIES LLC Signature: /� Name: G �1 I Title: AA 11, Date: LICENSEE: CITY OF T TON Signature: Title: Mayor Date: Signature: Title: City Clerk Date: �Y1 �, 2,02 2 APPROVED AS TO FO Signature: Title: Cit Attorne Page 7 of 12 COUNTERPART Appendix "A" Parking Stall #: N/A Parking Pass it (if applicable): N/A User: Vehicle: Make: Model: Color: Plate No: User: Vehicle: Make: Model: Color: Plate No: User• Vehicle: Make: Model: Color: Plate No: Page 8 or I 1 PU¢c 9 OI 11 Appendix "B" Page III of I I PARKING AGREEMENT FOR AUTHORIZED USER Start Date: End Date: Authorized User's Name(s): Authorized User's Address: Telephone: Email: Vehicle Make: Model: Color: Year: License Plate: (State) (Number) By parking vehicles at the premises located at 17011 Beach Boulevard, Huntington Beach,CA 92647("Ocean Plaza"),the undersigned authorized user("Authorized User")acknowledges and agrees to the following: 1. Prior to the start date(as set forth above),Authorized User shall maintain legally required automobile liability insurance covering the vehicle that is both current and in effect at all times the vehicle is at Ocean Plaza. 2. Authorized User has read, understands,and agrees to comply with the terms and conditions of the Agreement. 3. Parking any vehicles at Ocean Plaza for more than 72 consecutive hours is strictly prohibited, unless first authorized in writing by Licensor. The Licensor,without any liability, may remove or cause to be removed vehicles that do not comply with this provision. 4. If any term herein is deemed illegal, unenforceable,or invalid by a court of competent jurisdiction, then any such term will be severed from the Waiver,and all other remaining terms are valid and enforceable. 5. Authorized User shall defend,indemnify,and hold harmless Onni Huntington Beach LLC,Onni Properties LLC, and their respective members, managers, partners, shareholders,directors,officers, agents, employees, and employees of its agents("Onni Parties"),from any and all legal claims and damages, including attorney's fees,that arise out of Authorized User parking vehicles at the premises. 6. ONNI PARTIES ARE NOT LIABLE FOR DAMAGES TO AUTHORIZED USER'S VEHICLE THAT ARISE OUT OF THE UNDERSIGNED PARKING VEHICLES AT OCEAN PLAZA,AND AUTHORIZED USER WAIVES RIGHTS TO AND RELEASES ONNI PARTIES FROM ANY AND ALL CLAIMS TO RECOVER DAMAGES FOR ANY AND ALL PROPERTY DAMAGE THAT ARISES OUT OF USE OF THE PARKING FACILITY, HOWEVER CAUSED, EXCEPT FOR THE SOLE NEGLIGENCE OF ONNI PARTIES. By signing below, you represent that you read, understand, and agree to the above and the implications of signing this Waiver. Agreed to on this_day of Signature: Print Name: Page 11 of 11 CERTIFICATL ISSUE DATE GL1-18541 Al FICERTIFICATE OF COVERAGE 1 05/03/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS WON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR Public Risk Innovation, ALTER THE COVERAGE AFFORDED BELOW THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE CONTRACT BETWEEN THE ISSUING INSURERS).AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE Solutions, and Management CERTIFICATE HOLDER CIO ALLIANT INSURANCE SERVICES, INC PO BOX 6450 IMPORTANT I the certificate holder Is an ADDITIONAL INSURED andlor repuesu g a WAIVER OF NEWPORT BEACH,CA 92658-6450 SUBROGATION the MemoraNums of Coverage must be endorsed A statement on Nrs certificate does not Conley rights to she oertificate holder n seu of s,0 endor52meltlsl PHONE(949)756 0271 I FAX 1619)6WONI LICENSE SOC36861 COVERAGE A- Public Risk Innovation, Solutions. and Management AFFORDED Member COVERAGE CITY OF HUNTINGTON BEACH AFFORDED B ATTN DEANNA SORIA COVERAGE 2000 MAIN STREET AFFORDED C HUNTINGTON BEACH. CA 92648 COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS.AND CONDITIONS OF SUCH MEMORANDUMS LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF COVERAGE MEMORANDUM COVERAGE COVERAGE LIABILITY LIMITS LTR NUMBER EFFECTIVE DATE EXPIRATION DATE A �X Excess General Liability PRISM PE 21 EL-134 07/01/2021 07tOl/2022 $6.000.000 X General Liability Aggregate $7.000 000 X Auto Liability $1.000.000 Limps vxJufve of the Me,rhwl Sell-InWrea Retention of 1000 000 Descrlpbon of Operations)Lowbons/VehlcleslSpeclal Items AS RESPECTS AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND OMNI PROPERTIES,LLC FOR PARKING LOT LICENSE AGREEMENT DATED MARCH 30.2022 FOR USE OF FIFTY(50) PARKING STALLS LOCATEDON BTH FLOOR OF PARKING FACILITY LOCATED AT 7542 WARNER AVE.HUNTINGTON BEACH.CA 92647 OMNI PROPERTIES. LLC.AND THEIR RESPECTIVE EMPLOYEES.REPRESENTATIVES.AGENTS,OFFICERS. MANAGERS.MEMBERS AND DIRECTORS ARE INCLUDED AS ADDITIONAL COVERED PARTIES.BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED THIS INSURANCE SHALL BE PRIMARY AND NO OTHER INSURANCE SHALL CONTRIBUTE PURSUANT TO ENDORSEMENT NUMBER U-9 THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST THE ADDITIONAL COVERED PARTY(IES)PURSUANT TO ENDORSEMENT NUMBER U-B. Cancellation Certificate Holder SHOULD ANY OF THE ABOVE DESCRIBED LLEMORANDUMS of COVERAGES BE CANCELU BEFORE THE EXTRATION DATE THEREOF NOTICE MAIL BE DELNERED IN ACCOROANCE WTH THE MEMORANDUMS OF COVERAGE PROVISIONS OMNI PROPERTIES LLC 17011 BEACH BLVD STE 206 HUNTINGTON BEACH.CA 92647 AUTHORZED REPRESENTATIVE �.,DIK RAY NgrF9M SOIu4MF AM 4Yia'IIYM PAGE 1 OF 2 ENDORSEMENT NO. U-1 PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT GENERAL LIABILITY 1 ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT It is agreed that the"Covered Party, Covered Persons or Entities" section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respect to liability arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the Member or such person or organization so designated. Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by contract. ADDITIONAL COVERED PARTY NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE AS RESPECTS: PER ATTACHED CERTIFICATE OF COVERAGE It is further agreed that nothing herein shall act to increase PRISM's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date Memorandum No. PRISM 21 EL-00 Issued to: ALL MEMBERS Issue Date: June 25, 2021 AMorized Representative Public Risk Innovation, Solutions, and Management PAGE 2 OF 2 ENDORSEMENT NO. IU PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT GENERAL LIABILITY 1 AMENDATORY ENDORSEMENT - WAIVER OF SUBROGATION It is understood and agreed that Condition 8. SUBROGATION, of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following: 8. SUBROGATION PRISM shall be subrogated to the extent of any payment hereunder to all the covered parry's rights of recovery therefore; and the covered party shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows: Any interest (including the covered parry's) having paid an amount in excess of the self- insured retention, plus the limit of liability, hereunder shall be reimbursed first to the extent of actual payment. PRISM shall be reimbursed next to the extent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to reimburse the covered party. The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. If there is no recovery in proceedings conducted solely by PRISM, it shall bear the expenses thereof. Notwithstanding the above, PRISM waives its rights of subrogation against any person or organization with whom the covered parry has entered into a written agreement that includes a waiver of subrogation, but only if the agreement is in effect before the injury, damage or liability occurs. It is further agreed that nothing herein shall act to increase PRISM's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Memorandum No. PRISM 21 EL-00 Issued To: ALL MEMBERS Issue Date: June 25, 2021 A orized Representative Public Risk Innovation, Solutions, and Management ENDORSEMENT NO. UA PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT GENERAL LIABILITY 1 AMENDATORY ENDORSEMENT - PRIMARY/NON-CONTRIBUTORY It is understood and agreed that Condition 7. OTHER COVERAGE of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following: 7. OTHER COVERAGE If collectible insurance with an insurer, or collectible group coverage through another joint powers authority, interlocal cooperative agreement, self-insurance or other public entity group coverage is available to the covered party covering a loss also covered hereunder (whether on a primary, excess or contingent basis), the coverage hereunder shall be: (a) in excess of, and shall not contribute with, such insurance; and (b) shall contribute only with any excess group coverage available through another joint powers authority according to a pro-rata, time on the risk basis. However, this clause does not apply with respect to excess insurance purchased specifically to be in excess of this Memorandum, or to insurance or reinsurance which is intended to provide the remainder of the limit of liability stated in the Declarations of this Memorandum when the coverage afforded under this Memorandum provides less than 100 percent of the limit set forth in the Declarations. However, if the covered party has entered into a written agreement, prior to any loss event, in which it is agreed that this coverage shall be primary and/or non-contributory with respect to an additional covered party as specified in Endorsement U-1 of this Memorandum, then this coverage shall respond as primary and/or non-contributory, but shall be limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by the written agreement. Notwithstanding the foregoing paragraph, if coverage for a claim or suit is available under this Memorandum and a memorandum of coverage issued in connection with the PRISM's Medical Malpractice Program, this Memorandum shall afford primary coverage only where the gravamen of the claim or suit involves liability covered hereunder. EIA staff will preliminarily assess the gravamen of the claim or suit and refer it to the committee responsible for the coverage believed to be applicable under this paragraph. Where that committee disputes PRISM's assessment of the gravamen of the claim or suit and rejects primary coverage, PRISM will thereafter refer the claim or suit to the committee responsible for the other applicable coverage. If that committee also rejects the primary coverage responsibility, the Executive Committee will determine which of PRISM's coverages is primary under this paragraph. If the Member disputes the acceptance of primary coverage by a committee of PRISM's responsible for the coverage, the Member may appeal that decision to the Executive Committee. Appeal must be requested within 60 days of the coverage acceptance by PRISM. If the Member is not satisfied with the outcome of the Executive Committee appeal or the determination by the Executive Committee as to which of PRISM's coverages is primary where no committee agreed to accept primary responsibility, the Member may invoke Section (d) and (e) of Article 31 of PRISM's Joint Powers Agreement and proceed to arbitration and, if necessary, litigation. For purposes of this paragraph, the Member must request to invoke Article 31 dispute resolution process within 60 days of the Executive Committee's determination as to which of PRISM's coverages is primary. Where a memorandum of coverage issued in connection with PRISM's Medical Malpractice Program is determined to afford primary coverage pursuant to this section, the exhaustion of PRISM's limit of liability under the Medical Malpractice Program will satisfy the covered party's self-insured retention under this Memorandum. Coverage for the additional covered party under this endorsement is limited to the written contract or agreement as specified on the Certificate of Coverage and Endorsement U-1 of this Memorandum. It is further agreed that nothing herein shall act to increase PRISM's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Dat Memorandum No. PRISM 21 EL-00 Issued to: ALL MEMBERS Issue Date June 25, 2021 uthor�presentative Public Risk Innovation, Solutions, and Management CERTIFICATE NO. ISSUE DATE WC-4873 CERTIFICATE OF COVERAGE 05/03/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO PUBLIC RISK INNOVATION, RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR AMEND.EXTEND OR ALTER THE COVEGE SOLUTIONS, AND MANAGEMENT AFFORDED BELOW.NEGATIVELY MS CERTIFICATE OF COVERAGE DOES NOT CO STITITITUEA CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR C/O ALLIANT INSURANCE SERVICES, INC. PRODUCER,AND THE CERTIFICATE HOLDER PO BOX 6450 IMPORTANT:If the certificate holder is g mpuestin a WAIVER OF SUBROGATION.The NEW PORT BEACH,CA 92658.6450 Memorandums of Coverage must be endorsed.A statement on this certificate does net writer PHONE(949)756-0271 /FAX(619)699-0901 lights to the ceNficate holder in lieu of suctt endonsemem(s). LICENSE#OC36861 COVERAGE AFFORDED A -See attached SChedUIB Of insurers Member: COVERAGE CITY OF HUNTINGTON BEACH AFFORDED B ATTN:DEANNA SORIA 2000 MAIN STREET COVERAGE HUNTINGTON BEACH,CA 92648 AFFORDED C COVERAGE AFFORDED D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH MEMORANDUMS AND POLICIES, CO TYPE OF COVERAGE MEMORANDUM/ COVERAGE COVERAGE LIABILITY LIMITS LTR POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE A EXCESS WORKERS' See attached 07/01/2021 07/01/2022 WORKERS' COMPENSATION 8 Schedule of COMPENSATION'. EMPLOYER'S LIABILITY Insurers for policy Difference between numbers Statutory and Members $1,000.000 Retention EMPLOYERS' LIABILITY: Difference between $5,000.000 and Members Retention LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED. Description of Operations/LocationsNehicles/Special Items AS RESPECTS EVIDENCE OF COVERAGE FOR AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND OMNI PROPERTIES,LLC.FOR PARKING LOT LICENSE AGREEMENT DATED MARCH 30,2022 FOR USE OF FIFTY(50) PARKING STALLS LOCATEDON 6TH FLOOR OF PARKING FACILITY LOCATED AT 7842 WARNER AVE,HUNTINGTON BEACH,CA 92647. THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST OMNI PROPERTIES,LLC,AND THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES,AGENTS.OFFICERS, MANAGERS,MEMBERS AND DIRECTORS PURSUANT TO ENDORSEMENT NUMBER U-2. Certificate Holder Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE)POLICIES PROVISIONS. OMNI PROPERTIES,LLC 17011 BEACH BLVD,STE 206 AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH,CA 92647 V PUNIC RISK Irvfovahan.Solutions,and Manegerwnt PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT EXCESS WORKERS' COMPENSATION PROGRAM 2021/2022 SCHEDULE OF INSURERS CITY OF HUNTINGTON BEACH PROVIDER MEMORANDUM / LIMIT POLICY NUMBER Public Risk Innovation, PRISM PE 21 EWC- Workers' Compensation: Solutions, and Management 164 $50,000,000 each accident/each employee for disease (Difference between $50,000,000 and the individual member's retention) Employers' Liability: $5,000,000 each accident/each employee for disease (Difference between S5,000,000 and the individual member's retention) Liberty Insurance Corporation EW7-64N-444785-011 Statutory each accident/each employee for disease excess of $50,000,000 ENDORSEMENT NO. U-2 PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT EXCESS WORKERS' COMPENSATION WAIVER OF SUBROGATION ENDORSEMENT It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the Memorandum of Coverage is deleted in its entirety and replaced by the following: VIII. SUBROGATION: In the event of any payment under this Memorandum, PRISM shall be subrogated, to the extent of such payment, to all the Covered Parry's rights of recovery therefore, and the Covered Parry shall execute all papers required and shall do everything that may be necessary to secure such rights. Any amount recovered as a result of such proceedings, together with all expenses necessary to the recovery of any such amount shall be apportioned as follows: PRISM shall first be reimbursed to the extent of its actual payment hereunder. If any balance then remains, said balance shall be applied to reimburse the Covered Parry. The expenses of all proceedings necessary to the recovery of such amount shall be apportioned between the Covered Party and PRISM in the ratio of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on the initiative of PRISM, the expenses thereof shall be borne by PRISM. However, in the event of any loss payment under this Memorandum for which you have waived the right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our right of recovery but only with respect to such loss. It is further agreed that nothing herein shall act to increase PRISM's limit of indemnity. This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of the Memorandum of Coverage unless another effective date is shown below. All other terms and conditions remain unchanged. Effective Date: Memorandum No.: PRISM 21 EWC-00 Issued to: ALL MEMBERS Issue Date: June 25, 2021 or�prese�ntatiive Public Risk Innovation, Solutions, and Management City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 low (714) 536-5227 ♦ www.huntingtonbeachca.gov ` Office of the City Clerk Robin Estanislau, City Clerk May 9, 2022 Onni Properties LLC 17011 Beach Blvd., Suite 206 Huntington Beach, CA 92647 To Whom It May Concern: Enclosed is a partially executed original of the "Parking License Agreement' between Onni Properties LLC and the City of Huntington Beach, approved by the Huntington Beach City Council on April 5, 2022. Upon complete execution, please return the fully executed original agreement to: Robin Estanislau City Clerk 2000 Main Street, 2nd Floor Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, 26744� Robin Estanislau, CIVIC City Clerk RE:ds Enclosures Sister Ciiti"e�s:�A�njo,, Japan • Waitakere, New Zealand City of Huntington Beach T � Oak View Pilot Parking Program (OV3P) Guidelines PROGRAM. O!/7R@/IEW In the City of Huntington Beach, certain residential areas are more heavily impacted by the shortage of on-street parking spaces caused mainly by housing type and occupancy density. One such area includes the Oak View neighborhood,which is primarily comprised of multi-family residential buildings and has the highest levels of overcrowding in the City with 38 percent of renter households labeled as "severely overcrowded" (more than 1.51 persons per room). In comparison,just 2 percent of the City and 7 percent of Orange County are considered severely overcrowded. This density has contributed to insufficient parking throughout the neighborhood whereby residents are required to spend considerable time searching for an available space. As such, the City of Huntington Beach has established the Oak View Pilot Parking Program (OV3P) to help alleviate this issue within the neighborhood. The OV313 will provide limited parking relief to the Oak View community over a one-year trial period. The City has partnered with Onni Group to provide low-cost parking spaces in a private parking garage located on the northwest corner of Oak View. Residents with a valid permit will be able to utilize the parking spaces during specified hours to reduce the burden of locating on-street parking during peak residential use. PROGRAM LOETAH S During the first year of this pilot program, from July 1, 2022 to June 30, 2023, fifty(50) designated parking spaces will be made available by lottery to qualified residents of the Oak View community in a parking garage located at 7842 Warner Avenue, Huntington Beach, CA, 92647. Participating residents will contribute $10 per month to secure a parking space. REQUIREMENTS Eligibility Residents who live within the closed boundary of Warner Avenue, Beach Boulevard, Talbert Avenue and Gothard Street are eligible to apply for a permit(up to 1 per household). Residents must provide proof of residency. See Exhibit A for a map. • Licensed drivers of vehicles registered in that household are eligible to apply for a permit which is available on a lottery basis. If a vehicle is not registered to a household within the approved boundary, a resident can also provide proof of insurance that includes the relevant address as an alternative. The City will not issue permits for large, oversized vehicles such as tractor or other trailers, recreational vehicles, or towable trailers. The City will not issue permits for non-operational vehicles. • To receive a permit, an applicant must show proof that the following requirements are met: 50 City of Huntington Beach Oak View Pilot Parking Program (OV3P) Guidelines o Residency at an address within the program boundary; o Current vehicle registration to the applicant at that address; o Current vehicle insurance policy; and o A completed user agreement stating that the participant will abide by the rules and requirements of the Oak View Pilot Parking Program. Maximum Number of Permits Due to the limited number of available parking spaces, permits will be limited to one per household. However, if there are more spaces than demand, the Program will consider providing permits to more than one vehicle per household. GOOD NEIG BOR PRACTNCES The City of Huntington Beach created the OV3P to help increase parking stock within the Oak View community. Further cooperation among neighbors will allow the program to be more successful. It is up to everyone, both residents and City staff, to help contribute to parking solutions.Therefore, the City asks for neighborhood help in implementing Good Neighbor Practices to encourage neighbors to participate in the process of reducing the parking burden felt by the community. Good Neighbor Requests for Residents 1. Off-street, on-site parking supply shall be used efficiently for parking. Examples of non-efficient use include not utilizing garage space(s) and driveways for parking. All residents must demonstrate and self-certify that they are using all on-site parking, for parking vehicles, to be eligible to participate in the OV3P. 2. Program participants shall not double park in the allocated spaces. 3. Program participants shall abide by the parking provisions (hours and location) outlined in 'Program Details'. 4. Program participants shall not leave inoperable vehicles in the garage. OTHER CONSIDERATIONS The Processing Queue City staff will generally process permit requests on a lottery basis. Revocation A parking permit shall be subject to revocation if(i) a permit holder commits two (2) or more violations of any provision of the Huntington Beach Municipal Code, the California Vehicle Code or the California Penal Code during the exercise of permit parking privileges in a continuous six (6) month period. Upon determining that grounds for permit revocation exist, City staff shall furnish written notice of the proposed revocation to the permit holder and inform them they can request further review within fifteen (15) calendar days of the postmarked date on the notice. If the request for a review is filed within fifteen 51 City of Huntington Beach Oak View Pilot Parking Program (OV3P) Guidelines (15)calendar days of mailing of the notice, the City shall transmit the request to the City Manager's Office (CMO) to conduct the review. During the review, the permit holder shall be entitled to speak with the CMO in support of his or her request to maintain the permit. Within ten (10) calendar days after the review, the CMO shall decide whether the grounds for revocation exist. If grounds for revocation exist, the CMO shall revoke the permit, specifying in writing the grounds upon which the permit is revoked. Notice of the decision of the CMO shall be given in writing to the permit holder and considered final. C©fI T AZ T 65 For more information about this program, please contact: City of Huntington Beach Attn: City Manager's Office 2000 Main Street, 4'h Floor Huntington Beach, CA 90720 Catherine.iun @surfcity-h b.org (714) S36-5553 52 Oak View Pilot ParkigProgramn October 2021 1 . What Street Do You Live On? io 8 6 4 2 0 e\yoo o�Jo eery ell at`oo �e .E. pJ oa�c1, a`oJ lac 0 5�oa '�' F,F GHQ 2. If the City offered a parking program 3. If you answered "yes", would you be in Oak View where you would always willing to pay a low monthly cost to have an available parking spot, would participate in the program? you participate? Made w!m 4. If you answered "yes" to paying a low 5. How far would you be willing to monthly cost, how much would you be walk for a parking space, if it was willing to pay? available? S1 - S10 per month Up to 5 Min I $10 - $20 per month Up to 10 Min $20 - $30 per month '' Up to 15 Min 0 5 10 15 20 25 30 35 40 0 10 20 30 40 50 6. In order to take advantage of the program, what is the most important to you? Check all that apply. 60 50 40 30 20 10 0 Good Walking Parking Easy Payment Free Ride Other Lighting Distance Availability Access Options Share 7. How many cars in your household Conclusion would participate in the program? Survey results demonstrate a strong interest for 24 additional parking options in the Oak View neighborhood 18 Should the pilot program launch,the City anticipates 12 sufficient participation to fill all 50 available parking stalls for a fee of$20 or less. 6 0 1 2 3 4+ made m � ,NA INGTo y Oak View Pilot Parking Program Consideration of a Parking License Agreement with Onni Properties. LLC April 5 2022 UNTY CPS\ Background Housing in neighborhoods with higher housing and occupancy densities struggle to identify sufficient residential parking. Oak View is a one square mile, densely populated neighborhood primarily consisting of multi-family residential buildings. • Average Household Size is 7 persons • Oak View has among the highest levels of overcrowding with 38% of renter households labeled as severely overcrowded or having more than 1 51 persons per room • In comparison lust 2% of renters in the City and 7% in the County were identified as severely overcrowded Background • As such. residents spend ff the City offered a parking program considerable amounts of time in Oak View where you would always searching for an available space. have an available parking spot. would • Over multiple meetings with residents you participate? and other stakeholders. the City learned that this "parking crunch" is a major issue that residents would like us to address. 1 . What Street 1 • You Live • 10 AP ' , { µtie f f: — ..' •�: _ _ a �. •w• w order • take advantage • all • • 60 40 ■ ■ 110 ■ ■ ■ 20 ■ ■ ■ ■ ■ 1Good Walking Parking Easy Payment Free Ride odw ■ . ' Lighting Distance Availability Access Options Share 41 -+it p • �I 3 w �, w Misr.. . r � Iqq } MIER ROM ��NT I NGlp \NppFPORgTFp �� F Oak View Pilot = Parking Program Consideration of a Parking License Agreement with Onni Properties. LLC April 5 2022 n EB. 17, �,DUNT`( CPS\