Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
20160315 Late Correspondence
RECEIVED FROM—So AND MADE A PART OF THFj�� AT THE. COUNCIL MEETING OF OFFICE OF THE CITY CLERK CARLA MORREALE, CITY CLERK SoCalGas D A Sempra Energy utility What is an Advanced Meter Communications Device? SoCalGas° is upgrading its system by adding an Advanced Meter communications device to all residential and most business natural gas meters. The Advanced Meter communications device will read and transmit customers' natural gas usage to SoCalGas. However, until our communications network is fully operational, SoCalGas will continue to require access to manually read the meter. Also, periodic meter maintenance access is necessary in the future. The Advanced Meter communications device, which will be installed on the existing analog meter, is battery -powered and turns on for only a fraction of a second each day – for a total of less than two minutes per year. The Advanced Meter cannot turn a customer's natural gas service on or off. With an Advanced Meter communications device, customers can view their natural gas usage online at My Account at socalgas.com or use the SoCalGas Mobile App when they're on the go. Customers can download this application from the App Stores"" for Apple° devices, and Google PlayTM for Android TM devices. This usage information can be used to manage energy consumption and to potentially reduce monthly costs. SoCalGas is scheduled to install the Advanced Meter communications device on approximately 6 million natural gas meters through 2017. Advanced Meter: How Does it Work? Natural Gas Meter Data Collector Unit with Communication (DCU) Module _% #,I 0O 91 6 000,. Hourly Reads Solar A/C Transmitted OR Powered Powered Four Times a Day Images are for illustrative purposes only. C What if I don't want an Advanced Meter? SoCalGas recognizes that some customers prefer to continue to have the natural gas meter read manually each month. For residential customers who choose not to have an Advanced Meter communications device installed, an Opt -Out Program has been established. The California Public Utilities Commission (CPUC) has mandated the following fee" structure for residential customers who participate in the Advanced Meter Opt -Out Program: For Residential Initial Fee**: $75 Customers: Monthly Charge**: $10 For Customers Initial Fee**: $10 Enrolled in CARE*: Monthly Charge**: $5 Customers who do not want an Advanced Meter installed should immediately call the SoCalGas Customer Contact Center at 1-800-427-2200. Please note that the person whose name appears on the account must be the person to call, in order to enroll in the Opt -Out Program. For more information about Advanced Meter, visit socalgas.com (search "ADVANCED") or call: Residential Customers: For other languages English 1-800-427-2200 1-888-427-1345 ®aA 1-800-427-1429 Hearing Impaired (TDD) �Aa 1-800-427-1420 1-800-252-0259 �F�o{ 1-800-427-0471 Business Customers: Tilenq D i'Oi°ii A MW,1$0 © 2015 Southern California Gas Company. Apple is a trademark of Apple Inc., registered in the U.S. and other countries. iet 1-800-427-0478 English 1-800-427-2000 SoCalGas Potential Ways to Access Your Usage Information Online via Alerts My Account Mobile Applications * California Alternate Rates for Energy (CARE) provides a 20 percent bill discount for income -qualified residential customers as well as for customers participating in certain public assistance programs. **Initial fee and monthly charges will be subject to applicable taxes. The billing of the monthly charge will be limited to the first three years of program enrollment. The initial fee and monthly charges are specific to the gas meter at the residence. They do not transfer with the customer if the customer moves. If a customer moves and chooses to opt out again, there will be a new initial fee and monthly charges. App Store is a service mark of Apple Inc. Android and Google Play are trademarks of Google Inc. ®Printed on recycled paper. N15C0132B 1015 SOK SoCalGas A Sempra Energy utility 40ue es el Advanced Meter? SOCaIGas8 est6 mejorando su sistema anadiendo un aparato de comunicaci6n Advanced Meter a todos los medidores residenciales y a la mayoria de los medidores comerciales de gas natural. EI Advanced Meter leers la informaci6n de consumo de gas natural de los clientes y la transmitir6 a SoCalGas. Sin embargo, hasta que nuestra red de comunicaciones est6 en plena operaci6n, SoCalGas continuar6 requiriendo tener acceso para manualmente leer el medidor unos cuantos ureses m6s. EI Advanced Meter, que se instalar6 en el medidor anal6gico existente, es de baterias y se enciende solo una fracci6n de segundo al dia, para un total de menos de dos minutos al ano. Los Advanced Meters no pueden conectar o interrumpir el servicio de gas natural de los clientes. Los clientes con Advanced Meters pueden ver su consumo de gas natural por Internet en My Account en socalgas.com o pueden usar la Aplicaci6n Mcvil de SoCalGas desde cualquier lugar. Los clientes pueden descargar esta aplicaci6n desde App Stores"' para aparatos Apple° y desde Google PlayTM para aparatos Android TM. Esta informaci6n de su use puede utilizarse para administrar su consumo de energia y potencialmente reducir los costos mensuales. SoCalGas tiene programado instalar el Advanced Meter en aproximadamente 6 millones de medidores de gas natural finalizando el proyecto en el 2017. Advanced Meter: 4C6mo funciona? 4Y sl no quiero un Advanced Meter? SoCalGas reconoce que algunos clientes prefieren que les sigan leyendo manualmente el medidor de gas natural cada mes. Se ha establecido un Programa para Optar por Excluirse del Advanced Meter para los clientes residenciales que no quieran que se les instale un Advanced Meter. La Comisi6n de Servicios P6blicos de California (CPUC) orden6 la siguiente estructura de tarifas** para los clientes residenciales que participen en el Programa para Optar por Excluirse del Advanced Meter: Para clientes Tarifa inicial**: $75 residenciales: Cargo mensual**: $10 Para clientes que Tarifa inicial**: $10 participan en CARE:* Cargo mensual**: $5 Los clientes que quieran participar en el Programa para Optar por Excluirse deben Ilamar inmediatamente al Centro de Ayuda de SoCalGas al 1-800-342-4545. Por favor tenga en cuenta que la persona cuyo nombre aparece en la cuenta debe ser la persona que Ilame, con el fin de inscribirse en el Programa para Optar por Exclusi6n. Para m6s informaci6n acerca del Advanced Meter, visite socalgas corn (busque la palabra clave "ADVANCED") o Ilame al: Clientes residenciales: English 1-800-427-2200 Espanol 1-800-342-4545 ®e 1-800-427-1429 14111M 1-800-427-1420 o f-qoi 1-800-427-0471 Tieng Viet 1-800-427-0478 Para otros idiomas 1-888-427-1345 Personas con problemas auditivos (TDD) 1-800-252-0259 Clientes comerciales: 1-800-427-6029 Medidor de gas Unidad de recolecci6n SoCalGas Formas potenciales natural con m6dulo de datos (DCU) de tener acceso a su de comunicac16n informaci6n de consumo –% 1� — 'OT ' f a Por Internet Alertas via My Account J) 0 Lecturas por hora De ener is De corriente g 0 Aplicaciones transmitidas solar alterna m6viles cuatro veces al dia Imagenes para fines iiustrativos unicamente. * EI programa Tarifas Alternas para Energia en California (CARE) ofrece un 20% de descuento en la factura a clientes residenciales que cumplen con los requisitos de ingreso, asi como a clientes que participan en programas de asistencia publica. **Cuota inicial y cargos mensuales estarAn sujetos a los impuestos pertinentes. La facturacibn de los cargos mensuales se limitarS a los tres primeros arhos de la inscripci6n en el programa. La cuota inicial y cargos mensuales son especificas del medidor de gas en la residencia. No se transfieren con el cliente sl el cliente se mueve. Si un cliente se mueve y elige optar por excluirse de nuevo, habrA una nueva cuota inicial y cargos mensuales. FORM AMP100 SoCalGas ��.-D A � Sempra Energy utility FREQUENTLY ASKED QUESTIONS Q. What is ars Advanced Meter communications device? A. The Advanced Meter communications device will read and transmit customers' natural gas usage information back to SoCalGas®. SoCalGas is upgrading its metering system by adding an Advanced Meter communications device to all residential and most business natural gas meters. Q. Who is getting an Advanced Meter communications device and when? A. SoCalGas is scheduled to install the Advanced Meter communications device on approximately 6 million natural gas meters through 2017. An installation schedule is available at socalgas.com (search 'ADVANCED"). We will notify most customers by mail prior to the installation. However, some customers may not receive advance notification when a meter change is necessary for maintenance reasons (e.g. outdated, malfunction and change in meter size or safety issues, etc.). SoCalGas will need safe access to manually read the meter for several more months until our communications network is fully operational. In the future, SoCalGas will still need meter access for periodic maintenance. Q. Why is SoCalGas installing Advanced Meter communications devices? A. California's energy policy supports development and implementation of cost-effective advanced metering systems. Advanced Meter communications devices provide information and tools that can help customers make informed decisions about natural gas use. This information can be used to manage energy consumption and potentially reduce monthly cost. Q. What type of information will be available? A. Customers can view their daily and hourly natural gas usage and cost, set savings goals and obtain tips on how to achieve them. Visit "Ways to Save" tools within My Account at socalgas.com. Q. When will I be able to view my natural gas usage information? A. Once the Advanced Meter communications device is installed and validated, customers can view natural gas usage online by visiting "My Account" at socalgas.com or use the SoCalGas Mobile App when they're on the go. Customers can download this application from the App Stores"' for Apple° devices, and Google PlayTm for AndroidTm devices. Q. What are the benefits of Advanced Meter communications devices;' A. Aside from being able to view natural gas usage online, customers can also get weekly notifications about their upcoming natural gas bills through Bill Tracker Alerts. By signing up for Bill Tracker Alerts, customers can receive regular updates that can help them take steps to lower usage and avoid surprises. Weekly alerts are sent via email and/or text message. Message and data rates may apply from your cell phone service provider. Visit "Manage My Account: Manage Alerts" to sign up for weekly Bill Tracker Alerts. Enhance Privacy and Security: Usage data transmitted from the natural gas meter is encrypted to increase privacy and security. Increase Safety: Quicker detection of higher -than -usual natural gas usage (in occupied or unoccupied locations) will allow earlier investigation of possible problems as well as improved monitoring of gas pressure throughout the natural gas system. Operational Savings: Advanced Meter technology upgrades are a natural step in our evolution of service, resulting in operational savings that will be passed on to customers over the life of the project while ensuring the continued safe and reliable delivery of natural gas to customers. Q. Will SoCalGas be able to use this new technology to rernotely shut off my natural gas service for any reason? A. No, the new Advanced Meter communications device will not have remote shut-off capability. However, by having more frequent and detailed access to natural gas usage information, customers can more readily identify any abnormal natural gas consumption. Customers who suspect a natural gas leak should immediately evacuate the area and call SoCalGas at 1-800-427-2200 from a safe location. (Continued on back) Q. What if I do not want an Advanced Meter communications device? A. SoCalGas recognizes that some customers prefer to continue to have the natural gas meter read manually. For residential customers who choose not to have an Advanced Meter communications device installed, an Opt -Out Program has been established. The California Public Utilities Commission (CPUC) has mandated the following fee** structure for residential customers who participate in the Advanced Meter Opt -Out Program. For Residential Customers: Initial Fee:** $75 Monthly Charge:** $10 For Customers enrolled in CARE*: Initial Fee:** $10 Monthly Charge:** $5 Customers who do not want an Advanced Meter communications device installed should immediately call the SoCalGas Customer Contact Center at 1-800-427-2200. Please note that the person whose name appears on the account must be the person to call, in order to be opted -out of the technology. If you still have questions or concerns or you would like more information about Advanced Meter, visit socalgas.com (search `Advanced") or call: English 1-800-427-2200 Espanol 1-800-342-4545 _121 A 1-800-427-1429 J14AE. 1-800-427-1420 _&_�l__�oi 1-800-427-0471 Tiling MR 1-800-427-0478 For other languages 1-888-427-1345 Hearing Impaired (TDD) 1-800-252-0259 Q. Since Advanced Meter communications devices are read remotely, what will happen to the SoCalGas meter readers? A. This next -generation meter technology will change how meters are read, and there will no longer be a need for manual meter reading and associated work. In addition to offering installation and other new job opportunities for meter readers, SoCalGas will work with employees to support career planning efforts to help them make as smooth a transition as possible. Education, re-training, and career planning options will be available to employees before and during installation. Q. How will SoCalGas ensure that the new Advanced Meter communications devices are accurate? A. The Advanced Meter communications device goes through rigorous testing by the manufacturer and SoCalGas to ensure compliance with all applicable state and national standards. We will continue to monitor meters and the network communications system to ensure that they are working properly. Q. Is the Advanced Meter network secure? A. SoCalGas maintains strict confidentiality and privacy policies. We use the latest technologies to safeguard customer information. Only customer natural gas usage information will be transmitted through the encrypted network. No other customer information will be transmitted. Q. At what frequency will the Advanced Meter communications device operate? Will there be interference with other wireless devices in my home? A. The Advanced Meter communications device operates on 450 megahertz (MHz). The device does not interfere with any other wireless devices in the home. The Advanced Meter communications device and network operate on an exclusive Federal Communications Commission (FCC) licensed frequency not used in the home. Q. Have the health effects of radio frequency (RF) transmissions emitted from Advanced Meter communications devices been assessed? A. Yes, according to the Federal Communications Commission, the Electric Power Research Institute and the World Health Organization, no adverse short- or long-term effects have been shown to occur from the RF signals produced by Advanced Meters or similar wireless networks. Q. How does the RF from the Advanced Meter communications device compare to other typical home equipment or appliances in my home? A. RF from Advanced Meter communications devices are substantially lower than other typical home equipment or appliances. The Advanced Meter communications device turns on for a fraction of a second each day, for a total of less than two minutes per year. For example, a person using a cell phone at home may have as much as a million times more RF exposure than a person standing eight inches from an Advanced Meter communications device.*** Q. How often do the SoCalGas Advanced Meter network Data Collector knits (DCUs) transmit usage data back to SoCalGas, and what technology are they using for those transmissions? A. The SoCalGas Advanced Meter DCU is always powered on; however, it is in a sleep and/or listening mode similar to a personal computer. The DCU is only active about 30 minutes per day, when it reports meter usage data over the cellular network or transmits information requested by the Advanced Meter module. SoCalGas only collects natural gas usage information, which is encrypted for added security. No personal customer information is ever collected or transmitted by the Advanced Meter communications device or DCU. * California Alternate Rates for Energy (CARE) provides a 20 percent bill discount for income -qualified residential customers as well as for customers participating in certain public assistance programs. **Initial fee and monthly charges will be subject to applicable taxes. The billing of the monthly charge will be limited to the first three years of program enrollment. The installation fee and monthly charges are specific to the natural gas meter at the residence. They do not transfer with customers if the customer moves. If customer moves and chooses to opt out again, there will be a new initial fee and monthly charges. *** Data gathered from the OET Bulletin 65 document from Federal Communications Commission. The CARE program is funded by California utility customers and administered by SoCalGas under the auspices. of the California Public Utilities Commission. Program funds are allocated on a first-come, first-served basis until such funds are no longer available. This program may be modified or terminated without prior notice. © 2016 Southern California Gas Company. Trademarks are property of their respective owners. All rights reserved. ® Printed on recycled paper. N16C0002B 0216 5K Dear , Northwest San Pedro Neihhborfiood Council "Your Community Voice" RECEIVED FROM --JI r[C i LaULI 1 c1 AND MADE A PART OF THEEC RD AT THE COUNCIL MEETING OF 9i,k OFFICE OF THE CITY CLERK CARLA MORREALE, CITY CLERK Ray Regalado President Laurie Jacobs Vice President Sarah Valdez Treasurer Tw_ (._- C_Urtit11Cry./ Cynthia Gonyea Secretary On January 12'h, 2016, the Los Angeles Unified School District (LAUSD) Board of Education unanimously passed a resolution titled, "Supporting the Relocation of the Rancho Liquefied Petroleum Gas (LPG) Facility Located in San Pedro." The Northwest San Pedro Neighborhood Council fully supports the LAUSD Board of Education in its stance on the relocation of the Rancho LPG butane and propane storage tanks. The Rancho LPG facility stores butane and propane in two 12.5 million -gallon refrigerated tanks and five 60,000 -gallon horizontal storage tanks. * Butane and propane gas are odorless and colorless. According to The United States Department of Labor's Occupational Safety and Health Administration (OSHA), these substances can cause drowsiness, narcosis, asphyxia, and cardiac arrhythmia upon exposure. Geological factors, risky transportation, and vulnerability to terrorist activity further exacerbate the exceedingly hazardous nature of the propane and butane stored at the Rancho LPG facility. *The Rancho LPG facility sits adjacent to the Palos Verdes Fault. Also, according to Director of Infrastructure Security Compliance Division of the U.S Department of Homeland Security, David Wulf at a meeting organized by then Senator Henry Waxman on 9/11/14 at Peck Park auditorium the Rancho LPG storage facility is identified as a high-risk terrorist target. (as reported in the Daily Breeze article of 9/11/14) *Operation of the Rancho LPG facility predates the rigorous, health -protective land use statuses enacted in recent years. With its close proximity to schools, homes, and recreational centers, the Northwest San Pedro Neighborhood Council views continued operation of the Rancho LPG storage facility as intolerable and politically reckless. The Northwest San Pedro Neighborhood Council urgently requests that City Officials, as well as Federal, State, and local agencies, see to the immediate relocation of the Rancho LPG facility away from our community. Sincerely, Ray Regalado, President On behalf of the Northwest San Pedro Neighborhood Council 638 S. Beacon Street • Box 688 • San Pedro, CA 90731 • (310)-732-4522 www.nwsanpedro.org *as stated in "Resolution Supporting the Relocation of the Rancho LPG Facility Located in San Pedro, California" presented by Dr. Vladovic to LA USD board of Education and passed unanimously. 638 S. Beacon Street • Box 688 • San Pedro, CA 90731 • (310)-732-4522 www.nwsanpedro.org Tanks at the Plains LPG (formerly Amerigas) site loom in the background of the north San Pedro neighborhood near Mary Star High School. (File photo by Scott Varley) By Janet -Schaaf Gunter and Larry Pryor Posted: 02/26/16, 4:54 PM PST I Updated: I week, 4 days ago M i rrr - Tucked just off the 110 Freeway near Los Angeles Harbor and mere blocks from a neighborhood of more than 3,000 homes sits a massive storage facility containing about 25 million gallons — envision about 680 rail cars — of liquefied petroleum gas, a highly flammable substance that, when vaporized, can ignite with explosive force. The conversion of 25 million gallons of butane gas into TNT equivalency provides a result that is 1,000 times greater than the explosion last June in Tianjin, China. This storage and transfer facility in San Pedro is located within the only earthquake rupture zone in the L.A. Harbor area. This is a seismically vulnerable area where multiple active faults converge. Across the street, hundreds of children play soccer on the weekends and at the Home Depot on the opposite corner, customers crowd the aisles; perusing items to improve their homes. These people are not thinking of a possible catastrophe or calculating the probabilities of being incinerated. Unlike Porter Ranch, citizens here will have no advance warning of a leak. The noxious smell of methane is a blessing in disguise, for without it people would be ignorant of their jeopardy. Butane gas is odorless; and this refrigerated gas rapidly vaporizes and expands over 200 times its volume as a liquid upon leakage from a tank into ambient air temperature. That action causes a strong blast wave. The gaseous vapor is so highly flammable that it will be ignited by something as simple as an electric spark. Should sych a risk to the public be tolerated? The origins of this quandary go back over 40 years when Petrolane Inc., the nation's largest LPG distributor, and Los Angeles city officials decided it was acceptable to place volatile fuel close to existing schools and homes. The truth is, officials looked the other way. The facility went ahead without public hearings and secured exemptions that allowed the LPG tanks to be constructed without building permits. Despite the efforts of concerned residents, and after the existence of these tanks was first reported by the co-author of this article, then a reporter at the Los Angeles Times, no government agency has assumed accountability for the facility. The LPG plant's arrival through the city's back door provides a case study in how public policy can be influenced by whom you know — in this case, a close friendship between President Richard Nixon and R.J. Munzer, a long-time Nixon campaign contributor and then president of Petrolane LPG. Now owned by Plains All American Pipeline under the subsidiary name, Rancho LPG LLC, the facility is also a symbol of how sites with hazardous materials can become "grandfathered" into communities and shielded from stiffer regulations. It is not known how many hazardous materials sites in the U.S. fail to meet today's higher standards for risks. Nor is it known how many of these hazardous sites are close to built-up communities or to ecologically important areas such as rivers or underground aquifers that supply drinking water. The U.S. Chemical Safety Board recently released findings that reveal a series of federal and state oversight shortcomings related to safety. F=ish Sticks with Chipotle Mayo Dipping Sauce Ingredients: l 1/2 pounds cod or other firm -fleshed white fish fillets I cup all-purpose. flour Read Full Article Advertisement A "grandfathered" hazardous facility possesses a unique kind of value, escaping the necessity and cost of upgrades to meet stricter regulations. The rationale for shielding existing facilities from new safety standards is a key aspect of regulatory policy. The downside is that aging facilities create what safety experts call "risk creep." Safety features can fall into obsolescence or stop working. Even if residents near hazardous sites might want to try to just enjoy their lives and ignore abstract risks, headlines of disastrous accidents continue to intervene. As the stalemate over the facility's status drags on, the age of the tanks becomes an issue. Yet, just last year, the Los Angeles City Planning Department unanimously approved more than 600 new homes to be built within a half -mile of the LPG facility, risking thousands more lives. The San Pedro facility now exists in regulatory limbo, which is where most disasters are born. How can we, as a society, justify ignoring such obvious and deadly catastrophic potentials? Janet Schaaf -Gunter is a member of the San Pedro Peninsula Homeowners United and an environmental safety advocate. Larry Pryor is an associate professor at the University of Southern California's Annenberg School of Journalism and a Pulitzer Prize-winning reporter who disclosed the high risk of the LPG operation in 1977. FROM AROUND THE WEB selected for you by a sponsor W__ � s%\ Today's Hoda Kolb & Jenna Bush Hager Break Down in Tears During Emotional... E! Online Homeowners Who Have Not She Had No Idea Why The Crowd Missed A Payment in 3 Years Are Was Cheering... In For A Big Surprise B1ueLionSporis.cam Comparisons.org The only hoodie with a six-month wait. Trust me, it's worth it. Business Insider MORE FROM THE WEB Why Cats Make an Odd Chattering O.J. Simpson Breaks His Silence on Sound When They See Birds Knife Discovery Pelslree! RET Beautiful News Anchors - Watch What Happens Next People in Really Heavy Credit Card Debt May Not Know This Bills.com The Big Decorating Mistake We All Make Reliable Remodeler 10 Things To Know Before Migrating to Windows 10 Dell Stop Bemie-Splaining to Black Voters TheNeiv York Timev 23 Historic Photos Taken Moments Before Tragedy Struck Lii eDagv.con= Top Stories YOU MIGHT ALSO LIKE 4 swept into ocean at Redondo Beach breakwall, t dies Coroner identifies robber killed in Torrance jewchy store EI Segundo hires new finance director Father trying to cope with murder of son and ex-wife outside his Carson home Police log: Lomita, Palos Verdes Peninsula crime reports 2 Peninsula High School grads killed in Huntington Beach car wreck Recommended by eOMTRIS COW.j1 APPLICATION FOR WWW OF i -- R 0.76 CITY OF LOS ANGELES AND FOR CERTIFICATE OF OCCUPANCY DEPT. OF BUILDING AND SAF611 INS'T'RUCTION&! I _ A®nfieant to Camnlata Nuanfiered Items Only. 2. Plot Plan Resuired on flaelc of OAnInal, t. LOT BLK TRACTIS ..MAP LEGAL DESCR. Parcel A P M L A 2503 ' ENSUS TRACT 9 511.00 a. i URPO'E D BUILDING %fi d% ' Z M 5 1 3. J05 ADDRESS FIR�Ei 1ST. 2110 No. G ff 4. DEN CROSS STREETS AND ETWE LOT (TYPE) Anaheim 3cv int' 5. OWNER'S NAME PRONE LOT 522E Petrolane Inc. 9. OWNER'S ADDRESS CITY __Zip 1600 E. Hills 90806 xrre 7. ENGINEER N0. ACTIVE STATE LIC. NO. PHONE ALLEY Ch 1 ca ® Srz fi a 8! R. ARCHITECT OR DESIGNER LIC. NO, ACTJYE, A, G" Y PHONE BLDG, LINE Ch°ica 0 Brid a :r !). CONTRACTOR BUS. LIC. NO. ACTT STATE LIC, NO. PHONE AFFIDAYIYS Chi ca o Bride fill 4500th TO. BRANCH ADDRESS CRY LENDER S e c o r'i t P a C� . See map T 4. SIZ OF SLOG. 1 STORIES HEIGHT N0. OF EXISTING BUILDINGS ON LOT AND USE f o r e a S to I t WIDTH 6�%J ENGTH XC 947 ✓!!!� D$. MATERIAL OF EXT. WALLS ROOF FLOOR SEISMIC STUDY ZONE CONSTRUCTION *.a. I s t 1— steel steel do 13.JOB ADDRESS DIST. OFFICE 2110 No. Gaffey St. 14. VALUATION TO INCLUDE ALL FIXED CRIT. SOIL EQUIPMENT REQUIRED TO OPERATE 511,000 AND USE PROPOSED BUILDING GRADIN , 1 of 2 = TV $1,022 000 es HIGHWAY Deo. yes PURPOSE OF 8U(LDiNG STORIES HEIGHT B FLQOD TYPE GROUP BLDG. PLA +CH£CKFD CONS OCC. ltfl . AREA DWELL. MAX. TOTAL APp-74 ZONED BY UNITS OCC. -�« GUEST PARKING PARKING PROVIDED 1 TIN FILE ROOMS,..,. REQ'DSTD. COMP. SPRINKLERS CONT. INSPECRON ACTIVITY INSPECTOR INSP. WO.4A 11VIrlf COMB REFO GEN MAJ S. CONS ED P.C. S,P.C. B P.M,d t,F. G,P.I.Cf0 O.S. 2244._Sfi-- .,... - . ,, P.C. NO. PLAN CHECK EXPIRES ONE YEAR AFTER FEE IS PAID. PERMIT EXPIRES Two YEARS AFTER W 9 814 FEE IS PAID OR 180 DAYS AFTER FEE 15 PAID IF CONSTRUCTION IS NOT COMMENCED. AN 13-77 8 0 8 2 8 W 6 CK ?> 2114.86 ...� ._.a.� 111-1-78 10 4 5 6 *59625 S I CK It501.7r, STATEMENT OF RESPONSIBILITY 1 certify that In doing the work specified herein i will not employ any person in violation of the Labor Code of the State of California relating to workmen's compensation insurance. "This permit is an application for Inspection the issuance of which is not an approval or an author. itation of the work specified herein. This permit Jaes not authorize or permit, nor sholl it be construed as authorizing or p tting the violation or failure to comply with any opplicoble law. Neither the City of Los Angeles, r y board, deportment, officer or employee thereof make any warranty or shall be responsible for t ormonce or results of any work described herein, or the condition of the property or soil upa'Performed (See Sec, 91.0202 L,A,M.C.) Bureau of AODRES PRUVW Engineering DRIVEWAY HIGHWAY DEDICATION FLOOD CLEARANCE SEWERS ISEWERS AVAILABLE NOT AVAILABLE NO SEWER/PLUMNING REQ'D, JSFC PAID SFC NOT APPLICABLE SFC DUE APPROVED FOR ISSUE NO FILE APPROVED ITiTLE 19) IL.A.111•0.-170O) LIM QRl�I RL r C::fr N f EACH G Eoo� 'lL1D` MOTIONS/RESOLUTIONS PRESENTED TO THE LOS ANGELES CITY BOARD OF EDUCATION FOR CONSIDERATION SUBJECT: Supporting the Relocation of the Rancho Liquefied Petroleum Gas (LPG) Facility Located in San Pedro, California (Res- 027-15/16) DATE NOTICED: 01-12-16, 10am PRESENTED BY: Dr. Vladovic, Dr. McKenna, Dr. Rodriguez MOTION: PRESENTED FOR ACTION: 01-12-16 MOVED/SECONDED BY: Dr. Vladovic / Dr. Rodriguez RESOLUTION: x Whereas, The United States Department of Labor's Occupational Safety and Health Administration (OSHA) states that butane poses health factors causing the following potential symptoms: drowsiness, narcosis, asphyxia, cardiac arrhythmia, and frostbite from contact with liquid; Whereas, The Centers for Disease Control and Prevention describes butane as a colorless gas with gasoline -like or natural gas odor and lists butane as a chemical hazard that targets the central nervous system through exposure from inhalation and/or contact with skin or eyes; Whereas, Butane is a gas that is typically shipped as a liquefied gas under its vapor pressure, which makes it easily flammable and under prolonged exposure to fire or intense heat the container may rupture violently; Whereas, In 1973, Petrolane developed the property located at 2110 N. Gaffey St. San Pedro, CA 90731 into a storage facility for liquid petroleum gas, which currently stores butane and small amounts of propane; Whereas, The Facility sits adjacent to the Palos Verdes earthquake fault, which was not identified when the Facility was originally constructed; Whereas, In 2008, Rancho LPG Holdings LCC purchased Petrolane; Whereas, Rancho LPG stores butane and small amounts of propane at the Facility in two 12.5 million -gallon refrigerated tanks and five 60,000 -gallon horizontal storage tanks; Whereas, The Facility is regulated by many local, state and federal enforcement agencies including the U.S Environment Protection Agency (EPA), U.S. Department of Occupational Safety and Health Administration, U.S. Department of Homeland Security, U.S. Department of Transportation, U.S. Environment Cal/EPA, California Emergency Management Agency, California Department of Toxic Substances Control, the South Coast Air Quality Management District, the Los Angeles County Fire Department , the City of Los Angeles Fire Department, the Los Angeles Police Department, and the City of Los Angeles Bureau of Sanitation Industrial Waste Management Division, among several other agencies; Whereas, Federal, State and local agencies have established regulations governing such facilities in the interest of protecting the public against excessive risk of injury, illness, or death, whether the result of normal operations, or by the occurrence of industrial accidents; Page 1 of 2 SUBJECT: Supporting the Relocation of the Rancho Liquefied Petroleum Gas (LPG) Facility Located in San Pedro, California (Res- 027-15/16) Whereas, The operation of the Facility predates the more stringent health -protective land use statutes enacted in recent years and it may be operating under conditional use permits that require periodic review to ensure the safety of continued operations; Whereas, Three LAUSD educational sites are in close proximity of the Facility including Taper Avenue Elementary School, Johnston Community Day School, and the Vic and Bonnie Christensen Science Center; and Whereas, The proximity of the Facility to the surrounding schools and community may pose a hazard in the case of a spill potentially causing a vapor fire, pool fire and boiling liquid evaporative vapor explosion (BLEVE); now, therefore, be :it Resolved, That the Governing Board of Los Angeles Unified School District hereby supports the efforts for the relocation of the Facility to an area where it does not pose any harm to students and their families; Resolved further, That the Board directs the Office of Environmental Health and Safety (OEHS), in coordination with the Office of the General Counsel, to work in collaboration with regulatory agencies to monitor and comment on any new requests for permits or modifications to any existing permits or land -use entitlements for the Facility; and, be it finally Resolved, That the Board directs the Superintendent to immediately submit this Resolution to the City officials, as well as other Federal, State and local agencies to request their support in relocating the Facility. AYES NOES ABSTAIN ABSENT Ms. Garcia X Dr. McKenna X Ms. Ratliff X Dr. Rodriguez X Mr. Schmerelson X Dr. Vladovic X Mr. Zimmer X TOTAL 7 ACTION: ADOPTED BY CONSENT VOTE Page 2 of 2 JANICE HAHN f:: ' WASHINGTON OFFICE: SAN PEO 30 OFFICE: 44TH DISTRICTS CALIFORNIA .,;,:J eA �. 404 CANNON HOUSE OFFICE BUILDING 140 W. 6TH ST. WASHINGTON, DC 20515 SAN PEDRO, CA 90731 (202)225-8220 (310)831-1799 COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE g COMPTO.N-OFFICE: SOUTH GATE OFFICE: COMMITTEE ON 205 S. WILLOWBROOK AVE. 8650 CALIFORNIA AVE. SMALL BUSINESS COMPTON, CA 90220 SOUTH GATE, CA 90280 (310)605-5520 (323)563-9562 PORTS CAUCUS Congre00 of the Mufteb btateo. FOUNDER AND CO-CHAIR (lAKQN OFFICE: WILMINGTON OFFICE: joouge of Repregentatibeg 701 E. CARSON S7. 544 AVALON BLVD:, STE. 307 CROATIAN CAUCUS CARSON, CA 90745 WILMINGTON, CA 90744 CO-CHAIR Wafibington, �Dt 20515-0544 (310) 830-7600 ExT. 1038 (310) 549-8282 January 12, 2016 The Honorable Steve Zimmer President, Board of Education Los Angeles Unified School District 333 South Beaudry Ave. 20 Floor Los Angeles, CA 90017 Dear President Zimmer and Members of the Board: I write in support of the proposed resolution introduced by Dr. Richard Vladovic regarding the Rancho Liquefied Petroleum Gas (LPG) Tanks in San Pedro. The Rancho LPG Tanks store millions of gallons of butane and propane near the surrounding communities of San Pedro and Rancho Palos Verdes. These tanks are located not in an industrial area but a residential area — so families live near them and children attend school, such as Taper Avenue Elementary (where my children went to school) and take part in recreational activities near this hazardous area. This is unacceptable to our mutual constituents. For many years, Dr. Vladovic and I have met with families, activists, and industry experts to fully understand the dangers posed by this facility, and there is no question that its removal is necessary for the safety of our community. I strongly request that all members of the board unanimously vote in favor of the resolution supporting the relocation of the Rancho LPG Tanks in San Pedro Sincerely, r) Janice Hahn Member of Congress Cc: Members of the Board www.hahn.house.gov Facebook: Rep. Janice Hahn Twitter: Rep-JaniceHahn U Ln LL P004 m PM4 C9 :4-J L - Co 0 0 I, U Q O on s - v U c -N+ :3 Q N •� O Q. c U fQ f0 4- 4- CaA 4-J ate+ cn Ln O V U L V i N .0 Ln Ul O U U -W EL C: cn ca 0 0 LL O O O- Q 0 •W_ O (a Li- U � 1 1 On F---4 ct V W C) CIO c w E O i� r� i= O a--+ m 75 Q cls co O L O N N �U U L^=, +W-+ •U 0- %1--- 4— v v O O C C O O 0 0 n F-% O Ln Q E ui N U.^ O 00 L cam. C cn d1 .E Q0 O N E O E V m Cn cuN -1-j cz E-+ 1 U �' Cn O 0 N E ,0 .� > O O o O i O Q) o4—J .. � r1A V O O — ' N � }, CU s U � M cii 4-5 ro o 1 U �' Cn O 0 N E ,0 .� > O O o O i O Q) o4—J .. � .� — r O O — ' N � }, CU U � M cii E O 1 U �' Cn O 0 N E ,0 .� > O O o O i O � 7 `v t is •� v y v in O N s- >. O P L SE R unt Beach RC O N `�T"t 1 Wko.. . � �c x n 42 y W V) Y S h ■■ Cu0] Z w Y Q .PN4 O u �. O _ !•W A SF Flamingo Ave ■N on SE Dolohln Dr 09 E Madison Ave r ON C Ln O L Mru _0 O kD N 0) *1 O C r' 0) = l0 N N pi p M N N _ 0 - Ln 0 0 �cp Ol G) O O O i O 0 0 0 O 0 0 Vo oGQ- =Oa= 2 W, IF W `v t is •� v y v in O N s- >. O P L SE R unt Beach RC '- `�T"t 1 Wko.. . C �c x n 42 y W V) Y S h GC Cu0] .PN4 u �. Ocean(Id !•W A SF Flamingo Ave ■N wz SE Dolohln Dr 09 E Madison Ave r Pmt Dr Or SE Pac`}o t1 ` aEo y *1 W, IF W `v t is Z v O /�/ in O N s- >. 00 " N o SE R unt Beach RC '- `�T"t 1 Wko.. . C 0(f) �- ci A tv V) I- GC O ■ SETarpanAve xx" ■ I.y F � � Y � 4`�� gst. Y j 0 r w ul ly C; t/ 191a Ave CPnlrat AVP 4• 0 uSf5A U a H a IDU) a SE Casa Ave N Z C S `v t is O /�/ dhy Sr1l51tjIH3Y � � O a � W '_) V SE R unt Beach RC '- `�T"t 1 V I I r^ c9 /Vq/� •! yr cl = �- ci A tv PT At 1fteI Ave W ■ SETarpanAve xx" ■ I.y F � � Y � 4`�� gst. Y j 0 r w ul ly C; t/ 191a Ave CPnlrat AVP 4• 0 uSf5A U a H a IDU) a SE Casa Ave N Z C S 4 L y� 2 V 4 L �y IA c� 7 O - N v ru r6a� FQ ■■ ■■ V) as .. LY O L M Ol0 O d'cy) G Ln O 00 ru Lr)oc) O N 0-1 C M '� N N N N 'i ko N k° .-I ru N NN N G W t- G1 3 V Q E -ao Q •• 0 0 �� O� O N O i N O O N 0 = i fu fu a = O a = �- a z 1- GC O >->- >- n n m :l S[ Pine Ur y,� f MiIZI Ln SF VJilsFe Ur •v� Cafee Ave `y�,i '. t _ Jry a i 2 Ile 3°' a �� Chani 4e 7 IL o n- � e `� 4e• ��;; 0 c p U (II Q. i E V) 4-1 N C: O N i : Ln C: N O U .— 4-jO cn.O U 0 Q O Q c m U Ln Q v L N � v aj > m 4A ai c cm G V) .- J Ca J .o 4A V) C— . (/) O V) 0- 0 O N L_ U .}J bn00 L_ N N •+J N L L_ O cn U = U • _ . v Ln .� •� N C •C: }, -C 4-' N '0 Q� •— J onLA � X CL Qj V •� - >1 OR a) Qj M N — Ooi L- Q N Q O M �O •� O VI_i 4-J0 a-+ 'C: O m N CL V cc D I a -J U (II Q. i E 4-1 N C: O N i : Ln C: N O U .— 4-jO cn.O U 0 Q O Q c m U Ln Q v L N � v aj > m 4A ai c cm G > W .- J Ca J CITY OF RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: MARCH 15, 2016 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA** Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting: Item No. Description of Material G Revisions for the Noise Element Section of the General Plan Annual Report N Revised Ordinance No. 580; Email from Jeff Calvagna 3 Email exchange between Staff and Ken DeLong; Profile Data Sheets as referred to in Attachment F Respectfully submitted, Carla Morreale ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, March 14, 2016**. WAGENDA\2016 Additions Revisions to agendas\20160315 additions revisions to agenda.doc From: Leza Mikhail Sent: Tuesday, March 15, 2016 11:20 AM To: CC Cc: Ara Mihranian Subject: Late Correspondence for the General Plan Annual Report Attachments: OPR - supplemental annual report (LATE CORRESPONDENCE) for 2015.doc Honorable City Council Members, Attached you will find two additions (highlighted in yellow) which were requested by the Planning Commission at its March 8, 2016 meeting to be included in the 2015 General Plan Annual Implementation Report. Specifically, the Planning Commission requested that the City report its efforts to regulate noise impacts for larger commercial/institutional projects through conditions imposed on Conditional Use Permits, as well as the City's efforts to participate in and report on aircraft/helicopter noise. These two items will be included as Late Correspondence at this evening's meeting. If there are no objections to the additional information, it will be read into the record as a notation to the late correspondence distributed on Consent Calendar Item/.G Thank you, Leza Mikhail Senior Planner City of Rancho (Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.gov (310) 544-5228 — (310) 544-5293 f lezamCo).rpvca.gov *Please Note: Effective 02/20/15, the City's new email address is "nipvca.gov" Please update your contact information for me to reflect lezam@rpvca.gov as my new email. City of Rancho Palos Verdes 2015 Annual Report on the Rancho Palos Verdes General Plan => Continued work on the City's Emergency Preparedness Committee driven emergency preparedness web page. (Safety Policy No. 1, Page 175) => Began promoting the County of Los Angeles Emergency Survival Program (ESP) monthly emergency preparedness messages. (Safety Policy No. 1, Page 175) => Initiated a joint effort with neighboring Peninsula Cities to develop a security system using Automatic License Plate Reader (ALPR) cameras at the major entrances to the peninsula. This is to ensure safety measures within the communities and track vehicles coming in and out of the area. (Urban Environment Element — Safety Goal B, Page 175) I. NOISE ELEMENT The Noise Element identifies and appraises noise problems within the community and forms the basis for land use distribution, including current and projected noise level calculations for major noise sources. Continued to process Conditional Use Permits for large commercial and institutional project, and implemented noise mitigation measures to insure that construction noise and operation noise generated from large projects do not create noise impacts to surroundjna residential properties (Urban Environment Element — Noise Aspects Policy No. 1, 3, Pape => Continued to attend LAX/Community Noise Roundtable meetings on a bi- monthly basis to monitor aircraft and helicopter noise and provide updates related to FAA airspace issues that potentially affect the City and helicopter altitude and flight path revisions to/from Torrance airport (Urban Environment Element — Noise Aspects Policy No. 9, Page 1871 => Continued the implementation of the Municipal Code regulating hours of construction and operation of mechanical equipment and modified the hours of construction to reduce impacts of construction to neighboring properties (Urban Environment Element — Noise Aspects Policy No. 1, Page 187). Reviewed truck -hauling routes for trucks transporting construction -related material and equipment for miscellaneous construction projects throughout the City. (Urban Environment Element — Noise Aspects Policy No. 6, Page 187). Continued to implement a standard project condition of approval limiting the idling and queuing of trucks and construction equipment at job sites outside of the permitted days and hours for construction activity (Urban Environment Element — Noise Aspects Policy No. 6, Page 187). Community Development Department Page 20 e ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING A NEW CHAPTER ENTITLED "WIRELESS TELECOMMUNICATIONS FACILITIES" TO CHAPTER 18 OF TITLE 12 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROVIDE UNIFORM AND COMPREHENSIVE REGULATIONS AND STANDARDS, ALONG WITH PERMIT REQUIREMENTS, FOR THE INSTALLATION OF WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY A. Recitals. (i) The purpose of this Ordinance is to amend the City's Municipal Code to provide uniform and comprehensive standards and regulations, along with permit requirements, consistent with State and federal law, for the installation of wireless telecommunications facilities in the City's public right-of-way ("ROW"). (ii) The Municipal Code contains very minimal standards or regulations specifically designed to address the unique legal and/or practical issues that arise in connection with wireless telecommunications facilities deployed in the ROW. (iii) On January 19, 2016, the City Council held a duly noticed public hearing and adopted Urgency Ordinance No. 578U (the "Urgency Ordinance"), which contained substantially similar provisions intended to address the urgent need to regulate, to the maximum extent permissible under State and federal law, wireless telecommunications facilities in the public ROW because the City had approximately 52 pending or anticipated applications for wireless telecommunications facilities in the ROW and very minimal standards or regulations specifically designed to address the unique legal and/or practical issues that arise in connection with such facilities. (iv) The City did not introduce this Ordinance at the same time that it adopted the Urgency Ordinance because it desired to afford the public and stakeholders, including representatives from the wireless services and infrastructure industry and representatives from franchised utilities and telecommunications services, to provide further comments and refinements to the Urgency Ordinance that would ultimately be adopted as this Ordinance. (v) On February 1, 2016, the City conducted a noticed public workshop at which the public and stakeholders, including representatives from the wireless services and infrastructure industry and representatives from franchised utilities and telecommunications services, could provide verbal comments and refinements to the proposed Ordinance. Approximately 48 people attended the work shop. Representatives from Verizon, AT&T, Southern California Gas and Crown Castle attended the workshop, but only representatives from Verizon and Crown Castle offered any comments or refinements to the proposed Ordinance. (vi) State and federal law have changed substantially and materially since the City last adopted regulations for wireless telecommunications facilities installation in the ROW. Such changes include (1) modifications to federal "shot clocks" whereby the City must act on permit applications for new and modified installations within as few as sixty (60) days after an applicant Page 1 of 32 01203.0015/287388.1 submits an application, whether complete or incomplete; (2) new State statutes and federal regulations that provide for "deemed -approved" or "deemed -granted" remedies when the City fails to act within the applicable timeframes for review; and (3) clarifications in decisional law about the City's authority to regulate aesthetics in the public ROW. See 47 C.F.R. §§ 1.40001 et seq.; CAL. GOv'T CODE § 65964.1; In the Matter of Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, Report and Order, 29 FCC Rcd. 12865 (Oct. 17, 2014) [hereinafter "2014 Report and Order"]; In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review, Declaratory Ruling, 24 FCC Rcd. 13994 (Nov. 18, 2009) [hereinafter "2009 Declaratory Ruling"]; (Sprint PCS Assets, L.L.C. v. City of Palos Verdes Estates (9th Cir. 2009) 583 F.3d 716, 726.) (vii) The public ROW in the City is a uniquely valuable public resource, closely linked with the City's residential character, civic identity and natural beauty. Whereas the reasonably regulated and orderly deployment of wireless facilities in the ROW is desirable, unregulated or disorderly deployment represents an ever-increasing and true threat to the health, welfare and safety of the community. (viii) The City finds and declares that the regulation of wireless telecommunications facilities in the public ROW is necessary to protect and preserve the aesthetics in the community, as well as property values within the City, and to ensure that all wireless facilities are installed using the least intrusive means possible. (ix) On February 16, 2016, the City Council of the City of Rancho Palos Verdes conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein as required by law and received testimony from City staff and all interested parties regarding the proposed amendments. The City Council then passed a motion to continue the hearing to March 1, 2016. (x) The City Council finds and determines as follows: 1. The Federal Telecommunications Act of 1996 preempts and declares invalid all state rules that restrict market entry to or limit competition in both local and long- distance telephone service. 2 The California Public Utilities Commission ("CPUC") is primarily responsible for the implementation of local telephone competition and it issues certificates of public convenience and necessity ("CPCN") to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations. 3. Section 234(a) of the California Public Utilities Code defines a "telephone corporation" as "every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state." 4. Section 616 of the California Public Utilities Code provides that a telephone corporation "may condemn any property necessary for the construction and maintenance of its telephone line." Page 2 of 32 01203.0015/287388.1 ° 5. Section 2902 of the California Public Utilities Code authorizes municipal corporations to retain their powers of control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets. 6. Section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations to construct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abatements for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters. 7. Section 7901.1 of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner, and may involve the imposition of fees. 8. Section 50030 of the California Government Code provides that any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be levied for general revenue purposes. (xi) All legal prerequisites to the adoption of the Ordinance have occurred. B. Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: correct. SECTION 1. The facts set forth in the Recitals, Part A of this Ordinance, are true and SECTION 2. Environmental Review. A. The City Council finds that, pursuant to CEQA Guidelines, section 15061(b)(3), it has determined with certainty that there is no possibility that this project may have a significant impact on the physical environment. The City previously adopted Urgency Ordinance No. 578U, which is currently in effect and established substantially the same processing procedures. This Ordinance is being enacted to bring the City's processing procedures into compliance with existing State and federal law. Regardless whether Urgency Ordinance No. 578U had been adopted or not, to the extent that the regulations in this Ordinance involve mere synchronization of these timelines into the City's zoning Ordinance, this Ordinance is not a "physical condition" that will impact the environment for the purposes of the California Environmental Quality Act ("CEQA"). Therefore, this project is not subject to CEQA. Page 3 of 32 01203.0015/287388.1 SECTION 3. Section 13.12.320 of Chapter 12, Title 13, is hereby amended and replaced in its entirety to read as follows: "13.12.320 Antennas for telecommunications services. A. Section 17.76.020 of Chapter 17.76 of Title 17 of this Code sets forth the city's regulatory requirements relating to the siting and construction of the following categories of antennas that are commonly used in providing or receiving telecommunications services: 1. Satellite earth station antennas, (also known as "satellite dish antennas"), which are parabolic or dish -shaped antennas which are in excess of one (1) meter in diameter or devices that are designed for over -the -air reception of radio or television broadcast signals, multichannel multipoint distribution service, or direct broadcast satellite services. 2. Commercial antennas, which are unstaffed facilities for the transmission or reception of radio, television, and communications signals, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures. B. Notwithstanding any other provision of this chapter, Chapter 12.18 of this code shall apply to siting, modification and construction of wireless telecommunication facilities, as defined therein, which in whole or in part, itself or as part of another structure, rests upon, in, over or under the public right-of-way, including, but not limited to, any such facility owned, controlled, operated or managed by an entity entitled to construct within the right-of-way pursuant to a franchise with the city or state law." SECTION 4. Chapter 18 "Wireless Telecommunications Facilities in the Public Right - of -Way" is hereby added to Title 12 of the Rancho Palos Verdes Municipal Code beginning at Section 12.18.010 to read as follows: "CHAPTER 18. WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY 12.18.010 Purpose. The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the city's public right-of-way. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This chapter provides standards necessary (1) for the preservation of the public right-of-way in the city for the maximum benefit and use of the public, (2) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the city consistent with the goals, objectives and policies of the General Plan, Page 4 of 32 01203.0015/287388.1 and (3) to provide for the orderly, managed and efficient development of wireless telecommunications facilities in accordance with the state and federal laws, rules and regulations. 12.18.020 Definitions. "Accessory equipment" means any equipment associated with the installation of a wireless telecommunications facility, including but not limited to cabling, generators, fans, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers. "Antenna" means that part of a wireless telecommunications facility designed to radiate or receive radio frequency signals. "Cellular" means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites. "Code" means the Rancho Palos Verdes Municipal Code. "Collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signal for communication purposes. "COW" means a "cell on wheels," which is a wireless telecommunications facility temporarily rolled in or temporarily installed. "Director" means the director of public works, or his or her designee. "Facility(ies)" means wireless telecommunications facilities. "Ground -Mounted" means mounted to a telecommunications tower. "Modification" means a change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation. "Monopole" means a structure composed of a pole or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g. water tower). "Mounted" means attached or supported. "Located within the public right-of-way" includes any facility which in whole or in part, itself or as part of another structure, rests upon, in, over or under the public right-of-way. Page 5 of 32 01203.0015/287388.1 "Pole" means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Code. "Public right-of-way" means any public right-of-way as defined by section 17.96.1490 of this Code. "Sensitive uses" means any residential use, public or private school, day care, playground, and retirement facility. "Telecommunications tower" means a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications facility antennas. "Utility Pole" means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. "Wireless telecommunications facility," "facility" or "facilities" mean any facility that transmits and/or receives electromagnetic waves. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. Exceptions: The term "wireless telecommunications facility" does not apply to the following: (a) Government owned and operated telecommunications facilities. (b) Emergency medical care provider -owned and operated telecommunications facilities. (c) Mobile services providing public information coverage of news events of a temporary nature. (d) Any wireless telecommunications facilities exempted from this Code by federal law or state law. "Wireless telecommunications services" means the provision of services using a wireless telecommunications facility or a wireless telecommunications collocation facility, and shall include, but not limited to, the following services: personal wireless services as defined in the federal Telecommunications Act of 1996 at 47 U.S.C. §332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications. Page 6 of 32 01203.0015/287388.1 12.18.030 Applicability. A. This chapter applies to the siting, construction or modification of any and all wireless telecommunications facilities proposed to be located in the public right-of-way as follows: 1. All facilities for which applications were not approved prior to January 19, 2016 shall be subject to and comply with all provisions of this division. 2. All facilities for which applications were approved by the city prior to January 19, 2016 shall not be required to obtain a new or amended permit until such time as a provision of this code so requires. Any wireless telecommunication facility that was lawfully constructed prior to January 19, 2016 that does not comply with the standards, regulations and/or requirements of this division, shall be deemed a nonconforming use and shall also be subject to the provisions of section 12.18.230. 3. All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance (section 12.18.130), , cessation of use and abandonment (section 12.18.170), removal and restoration (section 12.18.180) of wireless telecommunications facilities and the prohibition of dangerous conditions or obstructions by such facilities (section 12.18.150); provided, however, that in the event a condition of approval conflicts with a provision of this division, the condition of approval shall control until the permit is amended or revoked. B. This chapter does not apply to the following: 1. Amateur radio facilities; 2. Over the Air Reception Devices ("OTARD") antennas; 3. Facilities owned and operated by the city for its use; 4. Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement. 12.18.040 Wireless Telecommunications Facility Permit Requirements. A. Major Wireless Telecommunications Facilities Permit. All new wireless facilities or collocations or modifications to existing wireless facilities shall require a Major Wireless Telecommunications Facilities Permit subject to planning commission approval unless otherwise provided for in this chapter. B. Administrative Wireless Telecommunications Facilities Permit. Page 7 of 32 01203.0015/287388.1 1. An Administrative Wireless Telecommunications Facilities Permit, subject to the director's approval, may be issued for new facilities or collocations or modifications to existing facilities that meet all the following criteria: a. The proposal is not located in any location identified in section 12.18.200. b. The proposal would not significantly impair any view from any viewing area as those terms are interpreted and applied in Code section 17.02.040; and c. The proposal complies with all applicable provisions in this chapter without need for an exception pursuant to section 12.18.190. 2. The director may, in the director's discretion, refer any application for an Administrative Wireless Telecommunications Facilities Permit to the planning commission for approval. 3. In the event that the director determines that any application submitted for an Administrative Wireless Telecommunications Facilities Permit does not meet the criteria this Code, the director shall convert the application to a Major Wireless Facilities Permit application and refer it to the planning commission. C. Master Deployment Plan Permit. 1. Any applicant that seeks approval for five (5) or more wireless telecommunications facilities (including new facilities and collocations to existing facilities) may elect to submit an application for a Master Deployment Plan Permit subject to planning commission approval. The proposed facilities in a Master Deployment Plan shall be reviewed together at the same time and subject to the same requirements and procedures applicable to a Major Wireless Telecommunications Facilities Permit. 2. A Master Deployment Plan Permit shall be deemed an approval for all wireless telecommunications facilities within the plan; provided, however, that an individual encroachment permit shall be required for each wireless telecommunications facility. 3. After the planning commission approves a Master Deployment Plan Permit, any deviations or alterations from the approved Master Deployment Plan for an individual wireless telecommunications facility shall require either a Major Wireless Telecommunications Facilities Permit or an Administrative Wireless Telecommunications Facilities Permit, as applicable. D. Other Permits Required. In addition to any permit that may be required under this chapter, the applicant must obtain all other required prior permits or other approvals from other city departments, or state or federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of other required prior permits or other approvals from other city departments, state or federal agencies. Page 8 of 32 01203.0015/287388.1 E. Eligible Applicants. Only applicants who have been granted the right to enter the public right-of-way pursuant to state or federal law, or who have entered into a franchise agreement with the city permitting them to use the public right-of-way, shall be eligible for a permit to install or modify a wireless telecommunications facility or a wireless telecommunications collocation facility in the public right-of- way. F. Speculative Equipment Prohibited. The city finds that the practice of "pre - approving" wireless equipment or other improvements that the applicant does not presently intend to install but may wish to install at some undetermined future time does not serve the public's best interest. The city shall not approve any equipment or other improvements in connection with a Wireless Telecommunications Facility Permit when the applicant does not actually and presently intend to install such equipment or construct such improvements. 12.18.050 Application for Wireless Telecommunications Facility Permit. A. Application. 1. In addition to the information required of an applicant for an encroachment permit or any other permit required by this code, each applicant requesting approval of the installation or modification of a wireless telecommunications facility in the public right-of-way shall fully and completely submit to the city a written application on a form prepared by the director. 2. No applicant seeking to install wireless antennas shall seek an encroachment permit for fiber or coaxial cable only. Applicants shall simultaneously request fiber installation or other cable installation when seeking to install antennas in the right-of-way. B. Application Contents The director shall develop an application form and make it available to applicants upon request. The supplemental application form for a new wireless telecommunications facility installation in the public right-of-way shall require the following information, in addition to all other information determined necessary by the director: 1. The name, address and telephone number of the applicant, owner and the operator of the proposed facility. 2. If the applicant is an agent, the applicant shall provide a duly executed letter of authorization from the owner of the facility. If the owner will not directly provide wireless telecommunications services, the applicant shall provide a duly executed letter of authorization from the person(s) or entity(ies) that will provide those services. 3. If the facility will be located on or in the property of someone other than the owner of the facility (such as a street light pole, street signal pole, utility pole, utility cabinet, vault, or cable conduit), the applicant shall provide a duly executed Page 9 of 32 01203.0015/287388.1 written authorization from the property owner(s) authorizing the placement of the facility on or in the property owner's property. 4. A full written description of the proposed facility and its purpose. 5. Detailed engineering plans of the proposed facility and related report prepared by a professional engineer registered in the state documenting the following: a. Height, diameter and design of the facility, including technical engineering specifications, economic and other pertinent factors governing selection of the proposed design, together with evidence that demonstrates that the proposed facility has been designed to be the least visible equipment within the particular technology the carrier chooses to deploy. A layout plan, section and elevation of the tower structure shall be included. b. A photograph and model name and number of each piece of equipment included c. Power output and operating frequency for the proposed antenna. d. Total anticipated capacity of the structure, indicating the number and types of antennas and power and frequency ranges, which can be accommodated. e. Sufficient evidence of the structural integrity of the pole or other supporting structure as required by the city. 6. A justification study which includes the rationale for selecting the proposed use; if applicable, a detailed explanation of the coverage gap that the proposed use would serve; and how the proposed use is the least intrusive means for the applicant to provide wireless service. Said study shall include all existing structures and/or alternative sites evaluated for potential installation of the proposed facility and why said alternatives are not a viable option. 7. Site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, access or utility easements, landscaped areas, existing utilities, adjacent land uses, and showing compliance with section 12.18.080. 8. Scaled elevation plans of proposed poles, antennas, accessory equipment, and related landscaping and screening. 9. A completed environmental assessment application. 10. If the applicant requests an exception to the requirements of this chapter (in accordance with section 12.18.190), the applicant shall provide all information and studies necessary for the city to evaluate that request. Page 10 of 32 01203.0015/287388.1 11. An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the facility, including scaled photo simulations from at least 3 different angles. 12. Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission's (FCC) "Local Government Official's Guide to Transmitting Antenna RF Emission Safety" to determine whether the facility will be "categorically excluded" as that term is used by the FCC. 13. For a facility that is not categorically excluded under the FCC regulations for RF emissions, the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts Effective Radio Power "ERP") for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. 14. [Reserved] 15. Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the facility. 16. A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed wireless telecommunications facility will comply with this Code including section 12.18.080(A)(16)(B). 17. A traffic control plan when the proposed installation is on any street in a non- residential zone. The city shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g. crane). 18. A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site. 19. A written description identifying the geographic service area for the subject installation including geographic and propagation maps, that identifies the location of the proposed facility in relation to all existing and planned facilities maintained within the city by each of the applicant, operator, and owner, if different entities, as well as the estimated number of potentially affected uses in the geographic service area. Regardless of whether a Master Deployment Plan Page 11 of 32 01203.0015/287388.1 Permit is sought, the applicant shall depict all locations anticipated for new construction and/or modifications to existing facilities, including collocation, within two years of submittal of the application. Longer range conceptual plans for a period of five years shall also be provided, if available. a. In the event the applicant seeks to install a wireless telecommunications facility to address service coverage concerns, full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites; b. In the event the applicant seeks to address service capacity concerns, a written explanation identifying the existing facilities with service capacity issues together with competent evidence to demonstrate the inability of those facilities to meet capacity demands. 20. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN. 21. An application fee, and a deposit for a consultant's review as set forth in paragraph E of this section in an amount set by resolution by the city council and in accordance with California Government Code section 50030. 22. Proof that a temporary mock-up of the facility and sign has been installed at the proposed location for a period of at least thirty (30) calendar days. a. Applicant shall obtain an encroachment permit before installing the temporary mock-up, and must remove the temporary mock-up within five (5) calendar days of receiving a written notice to remove from the director. b. When seeking the encroachment permit, the applicant shall provide address labels for use by the city in noticing all property owners within 500 feet of the proposed installation. The city shall mail a notice regarding installation of the mock-up at least five (5) business days prior to the installation. c. The mock-up shall demonstrate the height and mass of the facility, including all interconnecting cables. The applicant shall not be entitled to install the facility it intends to install permanently. The mock-up may consist of story poles or the like. d. The mock-up shall include a sign that displays photo simulations depicting before and after images, including any accessory equipment cabinet, and the telephone number of the Public Works Department. Page 12 of 32 01203.0015/287388.1 e. The applicant shall be required to follow any other city practices or processes relevant to the installation of a mock-up as may be provided in a publicly accessible form or document. f. After installation of the mock-up, the applicant shall certify that the mock-up accurately represents the height and width of the proposed installation and has been installed consistent with this Code. 23. Any other information and/or studies determined necessary by the director may be required. C. Application Contents — Modification of Existing Facility. The content of the application form for a modification to an existing facility shall be determined by the director, and shall include but not be limited to the requirements listed in section 12.18.050(B) unless prohibited by state or federal law. D. Effect of State or Federal Law Change. In the event a subsequent state or federal law prohibits the collection of any information required by section 12.18.050(B), the director is authorized to omit, modify or add to that request from the city's application form with the written approval of the city attorney, which approval shall be a public record. E. Independent Expert. The director is authorized to retain on behalf of the city an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility and shall address any or all of the following: 1. Compliance with applicable radio frequency emission standards; 2. Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so; 3. The accuracy and completeness of submissions; 4. Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis; 5. The applicability of analysis techniques and methodologies; 6. The validity of conclusions reached or claims made by applicant; 7. The viability of alternative sites and alternative designs; and 8. Any other specific technical issues identified by the consultant or designated by the city. Page 13 of 32 01203.0015/287388.1 The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. No permit shall be issued to any applicant which has not fully reimbursed the city for the consultants cost. 12.18.060 Review Procedure A. Pre -submittal Conference. Prior to application submittal, the city strongly encourages all applicants to schedule and attend a pre -submittal conference with Public Works Department staff to receive informal feedback on the proposed location, design and application materials. The pre -submittal conference is intended to identify potential concerns and streamline the formal application review process after submittal. Public Works Department staff will endeavor to provide applicants with an appointment within approximately five (5) business days after receipt of a written request. B. Application Submittal Appointment. All applications must be submitted to the city at a pre -scheduled appointment. Applicants may submit one (1) application per appointment but may schedule successive appointments for multiple applications whenever feasible as determined by the city. City staff will endeavor to provide applicants with an appointment within five (5) business days after receipt of a written request. C. Notice; Decisions. The provisions in this section describe the procedures for approval and any required notice and public hearings for an application. 1. Planning Commission Hearings. Any permit application under this chapter subject to planning commission approval shall require notice and a public hearing. Notice of such hearing shall be provided in accordance with Code section 17.80.090. The planning commission may approve, or conditionally approve, an application only after it makes the findings required in section 12.18.090. 2. Director's Decision Notice. The director may approve, or conditionally approve, an application only after it makes the findings required in section 12.18.090. Within five days after the director approves or conditionally approves an application under this chapter, the director shall provide notice in accordance with Code section 17.80.040. 3. Notice of Shot Clock Expiration. The city acknowledges there are federal and state shot clocks which may be applicable to a proposed wireless telecommunications facility. That is, federal and state law provide time periods in which the city must approve or deny a proposed wireless telecommunications facility. As such, the applicant is required to provide the city written notice of the expiration of any shot clock, which the applicant shall ensure is received by the city (e.g. overnight mail) no later than twenty (20) days prior to the expiration. 4. Written Decision Required. All final decisions made pursuant to this chapter shall be in writing and based on substantial evidence in the written administrative record. The written decision shall include the reasons for the decision. Page 14 of 32 01203.0015/287388.1 D. Appeals. Any aggrieved person or entity may appeal a decision by the director or the planning commission as provided in accordance with the provisions in Code chapter 17.80. The appellate authority may hear the appeal de novo. 12.18.080 Requirements for Facilities within the Public Right -of -Way A. Design and Development Standards. All wireless telecommunications facilities that are located within the public right-of-way shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following: 1. General Guidelines. a. The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties all in a manner that achieves compatibility with the community and in compliance with section 17.02.040 of this Code. b. Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. c. Facilities shall be located such that views from a residential structure are not significantly impaired. Facilities shall also be located in a manner that protects public views over city view corridors, as defined in the city's general plan, so that no significant view impairment results in accordance with this Code including section 17.02.040. This provision shall be applied consistent with local, state and federal law. 2. [Reserved] 3. Traffic Safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety. 4. Blending Methods. All facilities shall have subdued colors and non -reflective materials that blend with the materials and colors of the surrounding area and structures. 5. Equipment. The applicant shall use the least visible equipment possible. Antenna elements shall be flush mounted, to the extent feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other Page 15 of 32 01203.0015/287388.1 operators or carriers. Unless otherwise provided in this section, antennas shall be situated as close to the ground as possible. 6. Poles. a. Facilities shall be located consistent with section 12.18.200 unless an exception pursuant to section 12.18.190 is granted. b. Only pole -mounted antennas shall be permitted in the right-of-way. All other telecommunications towers are prohibited, and no new poles are permitted that are not replacing an existing pole. (For exceptions see subparagraph (h) below and sections 12.18.190 and 12.18.220.) c. Utility Poles. The maximum height of any antenna shall not exceed forty-eight (48) inches above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than twenty-four (24) feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded. d. Light Poles. The maximum height of any antenna shall not exceed four (4) feet above the existing height of a light pole. Any portion of the antenna or equipment mounted on a pole shall be no less than sixteen and a half (16 1/2) feet above any drivable road surface. e. Replacement Poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible. f. Pole mounted equipment, exclusive of antennas, shall not exceed six (6) cubic feet in dimension. g. [Reserved] h. An exception shall be required to place a new pole in the public right-of-way. If an exception is granted for placement of new poles in the right-of-way: i. Such new poles shall be designed to resemble existing poles in the right- of-way near that location, including size, height, color, materials and style, with the exception of any existing pole designs that are scheduled to be removed and not replaced. ii. Such new poles that are not replacement poles shall be located at least ninety (90) feet from any existing pole to the extent feasible. Page 16 of 32 01203.0015/287388.1 iii. Such new poles shall not adversely impact public view corridors, as defined in the general plan, and shall be located to the extent feasible in an area where there is existing natural or other feature that obscures the view of the pole. The applicant shall further employ concealment techniques to blend the pole with said features including but not limited to the addition of vegetation if appropriate. iv. A new pole justification analysis shall be submitted to demonstrate why existing infrastructure cannot be utilized and demonstrating the new pole is the least intrusive means possible including a demonstration that the new pole is designed to be the minimum functional height and width required to support the proposed facility. i. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the pole and shall be camouflaged or hidden to the fullest extent feasible. For all wooden poles wherein interior installation is infeasible, conduit and cables attached to the exterior of poles shall be mounted flush thereto and painted to match the pole. 7. Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible. 8. Wind Loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility. 9. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or safety hazards to pedestrians and motorists and in compliance with section 17.48.070 so as not to obstruct the intersection visibility triangle. 10. Public Facilities. A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility. 11. Screening. All ground -mounted facility, pole -mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least eighteen (18) inches from the curb and gutter flow line. 12. Accessory Equipment. Not including the electric meter, all accessory equipment shall be located underground, except as provided below: a. Unless city staff determines that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, an exception shall Page 17 of 32 01203.0015/287388.1 be required in order to place accessory equipment above -ground and concealed with natural or manmade features to the maximum extent possible. b. When above -ground is the only feasible location for a particular type of accessory equipment and will be ground -mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five (5) feet and a total footprint of fifteen (15) square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be screened and/or camouflaged. Also, while pole -mounted equipment is generally the least favored installation, should pol-mounted equipment be sought, it shall be installed as required in this Chapter. c. In locations where homes are only along one side of a street, above -ground accessory equipment shall not be installed directly in front of a residence. Such above -ground accessory equipment shall be installed along the side of the street with no homes. Unless said location is located within the coastal setback or the landslide moratorium area, then such locations shall be referred to the city's geotechnical staff for review and recommendations. 13. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the city to provide screening or to conceal the facility. 14. Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city. 15. Lighting. a. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. b. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles. c. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods. d. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion -sensitive light controllers and lights, and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The city may, in its discretion, exempt an Page 18 of 32 01203.0015/287388.1 applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need. e. The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required. 16. Noise. a. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 PM and 7:00 AM. b. At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five (55) dBA three (3) feet from the source of the noise if the facility is located in the public right-of-way adjacent to a business, commercial, manufacturing, utility or school zone; provided, however, that for any such facility located within five hundred (500) feet of any property zoned residential or improved with a residential use, such equipment noise shall not exceed forty-five (45) dBA three (3) feet from the sources of the noise. 17. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The director may require the provision of warning signs, fencing, anti - climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device. 18. Modification. Consistent with current state and federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. 19. The installation and construction approved by a wireless telecommunications facility permit shall begin within one (1) year after its approval or it will expire without further action by the city. B. Conditions of Approval. In addition to compliance with the design and development standards outlined in this section, all facilities shall be subject to the following conditions of approval (approval may be by operation of law), as well as any modification of these conditions or additional conditions of approval deemed necessary by the director: Page 19 of 32 01203.0015/287388.1 1. The permittee shall submit an as built drawing within ninety (90) days after installation of the facility. [As-builts shall be in an electronic format acceptable to the city which can be linked to the city's GIS] 2. The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. The permittee shall notify the city of any changes to the information submitted within thirty (30) days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following: a. Identity, including the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility. b. The legal status of the owner of the wireless telecommunications facility. 3. The permittee shall notify the city in writing at least ninety (90) days prior to any transfer or assignment of the permit. The written notice required in this section must include: (1) the transferee's legal name; (2) the transferee's full contact information, including a primary contact person, mailing address, telephone number and email address; and (3) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: federal, state and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as -built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the director shall be a cause for the city to revoke the applicable permits pursuant to and following the procedure set on in section 12.18.180. 4. At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or laws, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans. 5. Permittee shall pay for and provide a performance bond or other form of security approved by the city attorney's office, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and this code. The security instrument coverage shall include, but not be limited to, removal of the facility. (The amount of the security instrument shall be calculated by the applicant in its submittal documents in an amount rationally related to the Page 20 of 32 01203.0015/287388.1 obligations covered by the bond and shall be specified in the conditions of approval.) Before issuance of any building permit, permittee must submit said security instrument. 6. If a nearby property owner registers a noise complaint, the city shall forward the same to the permittee. Said compliant shall be reviewed and evaluated by the applicant. The permittee shall have ten (10) business days to file a written response regarding the complaint which shall include any applicable remedial measures. If the city determines the complaint is valid and the applicant has not taken any steps to minimize the noise, the city may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant if the site is found in violation of this chapter. The matter shall be reviewed by the director. If the director determines sound proofing or other sound attenuation measures should be required to bring the project into compliance with the Code, the director may impose conditions on the project to achieve said obj ective. 7. A condition setting forth the permit expiration date in accordance with section 12.18.160 shall be included in the conditions of approval. 8. The wireless telecommunications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the director for the purpose of. (a) protecting the public health, safety, and welfare; (b) preventing interference with pedestrian and vehicular traffic; and/or (c) preventing damage to the public right-of-way or any adjacent property. The city may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the underlying permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the city by the permittee. 9. The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument required by section 12.18.080(B)(5). 10. The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the city shall be moved to accommodate a wireless telecommunications facility unless the city determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city's structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right- of-way, the permittee shall provide the city with documentation establishing to the city's satisfaction that the permittee has the legal right to use or interfere with any Page 21 of 32 01203.0015/287388.1 other structure, improvement or property within the public right-of-way to be affected by applicant's facilities. 11. The permittee shall assume full liability for damage or injury caused to any property or person by the facility. 12. The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless telecommunications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the city engineer. Such time period for correction shall be based on the facts and circumstances, danger to the community and severity of the disrepair. Should the permittee not make said correction within the time period allotted the city engineer shall cause such repair to be completed at permittee's sole cost and expense. 13. No facility shall be permitted to be installed in the drip line of any tree in the right-of-way. 14. Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies of public liability insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence and Four Million Dollars ($4,000,000) in the aggregate, that fully protects the city from claims and suits for bodily injury and property damage. The insurance must name the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers as additional named insureds, be issued by an insurer admitted in the State of California with a rating of at least a A:VII in the latest edition of A.M. Best's Insurance Guide, and include an endorsement providing that the policies cannot be canceled or reduced except with thirty (30) days prior written notice to the city, except for cancellation due to nonpayment of premium. The insurance provided by permittee shall be primary to any coverage available to the city, and any insurance or self-insurance maintained by the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers shall be excess of permittee's insurance and shall not contribute with it. The policies of insurance required by this permit shall include provisions for waiver of subrogation. In accepting the benefits of this permit, permittee hereby waives all rights of subrogation against the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers. The insurance must afford coverage for Page 22 of 32 01203.0015/287388.1 the permittee's and the wireless provider's use, operation and activity, vehicles, equipment, facility, representatives, agents and employees, as determined by the city's risk manager. Before issuance of any building permit for the facility, the permittee shall furnish the city risk manager certificates of insurance and endorsements, in the form satisfactory to the city attorney or the risk manager, evidencing the coverage required by the city. 15. Permittee shall defend, indemnify, protect and hold harmless city, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the city, and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the city, planning commission or city council concerning this permit and the project. Such indemnification shall include damages of any type, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The city shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit city from participating in a defense of any claim, action or proceeding. The city shall have the option of coordinating the defense, including, but not limited to, choosing counsel after consulting with permittee and at permittee's expense. 16. Additionally, to the fullest extent permitted by law, the permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect and hold the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney's fees, interest and expert witness fees), or damages claimed by third parties against the city for any injury claim, and for property damage sustained by any person, arising out of, resulting from, or are in any way related to the wireless telecommunications facility, or to any work done by or use of the public right-of- way by the permittee, owner or operator of the wireless telecommunications facility, or their agents, excepting only liability arising out of the sole negligence or willful misconduct of the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers. 17. Should the utility company servicing the facility with electrical service that does not require the use of an above ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within ninety (90) days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee. Page 23 of 32 01203.0015/287388.1 18. Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to city, if and when made necessary by (i) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above ground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency, (ii) any abandonment of any street, sidewalk or other public facility, (iii) any change of grade, alignment or width of any street, sidewalk or other public facility, or (iv) a determination by the director that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public's use of the public right-of-way. Such modification, removal, or relocation of the facility shall be completed within ninety (90) days of notification by city unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to the Code including applicable notice and hearing procedures. The permittee shall be entitled, on permittee's election, to either a pro -rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Code allow. In the event the facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances including those of immediate or imminent threat to the public's health and safety, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter. 19. Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all conditions of approval imposed by the wireless telecommunications facility permit within thirty (30) days of permit issuance. The permit shall be void and of no force or effect unless such written consent is received by the city within said thirty (30) day period. 20. Prior to the issuance of any encroachmente� rmit, permittee may be required to enter into a right-of-way agreement with the city in accordance with the City's past practice'S eetHon ' 2.1 94-N. 21. "Permittee" shall include the applicant and all successors in interest to this permit. 12.18.090 Findings. No permit shall be granted for a wireless telecommunications facility unless all of the following findings are made by the director: A. All notices required for the proposed installation have been given. B. The proposed facility has been designed and located in compliance with all applicable provisions of this chapter. Page 24 of 32 01203.0015/287388.1 C. If applicable, the applicant has demonstrated its inability to locate on existing infrastructure. D. The applicant has provided sufficient evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way. E. The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible and supported by factual evidence and a meaningful comparative analysis to show that all alternative locations and designs identified in the application review process were technically infeasible or not available. 12.18.100 [Section Reserved] 12.18.110 Nonexclusive grant. No permit or approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the city for any purpose whatsoever. Further, no approval shall be construed as any warranty of title. 12.18.120 Emergency Deployment. A COW shall be permitted for the duration of an emergency declared by the city or at the discretion of the director. 12.18.130 Operation and Maintenance Standards. All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards. A. Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent within forty-eight (48) hours: 1. After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or 2. After permittee, owner, operator or any designated maintenance agent receives notification from the city. B. Each permittee of a wireless telecommunications facility shall provide the director with the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ("contact information"). Contact information shall be updated within seven (7) days of any change. Page 25 of 32 01203.0015/287388.1 C. All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of: 1. General dirt and grease; 2. Chipped, faded, peeling, and cracked paint; 3. Rust and corrosion; 4. Cracks, dents, and discoloration; 5. Missing, discolored or damaged artificial foliage or other camouflage; 6. Graffiti, bills, stickers, advertisements, litter and debris; 7. Broken and misshapen structural parts; and 8. Any damage from any cause. D. All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the director. E. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation. F. Each facility shall be operated and maintained to comply at all conditions of approval. Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the same and the standards set forth in this chapter. 12.18.140 [Reserved] 12.18.150 No Dangerous Condition or Obstructions Allowed No person shall install, use or maintain any facility which in whole or in part rests upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location. Page 26 of 32 01203.0015/287388.1 12.18.160 Permit Expiration. A. Unless Government Code section 65964, as may be amended, authorizes the city to issue a permit with a shorter term, a permit for any wireless telecommunications facility shall be valid for a period of ten (10) years, unless pursuant to another provision of this Code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such permit shall automatically expire. B. A permittee may apply for a new permit within one hundred and eighty (180) days prior to expiration. Said application and proposal shall comply with the city's current code requirements for wireless telecommunications facilities. 12.18.170 Cessation of Use or Abandonment A. A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety (90) or more consecutive days unless the permittee has obtained prior written approval from the director which shall not be unreasonably denied. if there are two (2) or more users of a single facility, then this provision shall not become effective until all users cease using the facility. B. The operator of a facility shall notify the city in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten (10) days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the director of any discontinuation of operations of thirty (30) days or more. C. Failure to inform the director of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for: 1. Litigation; 2. Revocation or modification of the permit; 3. Acting on any bond or other assurance required by this article or conditions of approval of the permit; 4. Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or 5. Any other remedies permitted under this Code. 12.18.180 Removal and Restoration — Permit Expiration, Revocation or Abandonment A. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility and restore the site to Page 27 of 32 01203.0015/287388.1 its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The facility shall be removed from the property, at no cost or expense to the city. B. Failure of the permittee, owner or operator to promptly remove its facility and restore the property within ninety (90) days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of this Code. Upon a showing of good cause, an extension may be granted by the director where circumstances are beyond the control of the permittee after expiration. Further failure to abide by the timeline provided in this section shall be grounds for: 1. Prosecution; 2. Acting on any security instrument required by this chapter or conditions of approval of permit; 3. Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or 4. Any other remedies permitted under this Code. C. Summary Removal. In the event the director or city engineer determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of- way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the director or city engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five (5) business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within sixty (60) days, the facility shall be treated as abandoned property. D. Removal of Facilities by city. In the event the city removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this Code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely Page 28 of 32 01203.0015/287388.1 removed by the permittee, owner or operator after notice, or removed by the city due to exigent circumstances. 12.18.190 Exceptions. A. The city council recognizes that federal law prohibits a permit denial when it would effectively prohibit the provision of personal wireless services and the applicant proposes the least intrusive means to provide such services. The city council finds that, due to wide variation among wireless facilities, technical service objectives and changed circumstances over time, a limited exemption for proposals in which strict compliance with this chapter would effectively prohibit personal wireless services serves the public interest. The city council further finds that circumstances in which an effective prohibition may occur are extremely difficult to discern, and that specified findings to guide the analysis promotes clarity and the city's legitimate interest in well-planned wireless facilities deployment. Therefore, in the event that any applicant asserts that strict compliance with any provision in this chapter, as applied to a specific proposed personal wireless services facility, would effectively prohibit the provision of personal wireless services, the planning commission may grant a limited, one-time exemption from strict compliance subject to the provisions in this section B. Required Findings. The planning commission shall not grant any e ole exception unless the applicant demonstrates with clear and convincing evidence all the following: 1. The proposed wireless facility qualifies as a "personal wireless services facility" as defined in United States Code, Title 47, section 332(c)(7)(C)(ii); 2. The applicant has provided the city with a clearly defined technical service objective and a clearly defined potential site search area; 3. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why any alternative location(s) or design(s) suggested by the city or otherwise identified in the administrative record, including but not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available; and 4. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable technical service objectives. C. Scope. The planning commission shall limit its exemption to the extent to which the applicant demonstrates such exemption is necessary to reasonably achieve its reasonable technical service objectives. The planning commission may adopt conditions of approval as reasonably necessary to promote the purposes in this chapter and protect the public health, safety and welfare. Page 29 of 32 01203.0015/287388.1 D. Independent Consultant. The city shall have the right to hire, at the applicant's expense, an independent consultant to evaluate issues raised by the exception and to submit recommendations and evidence in response to the application. 12.18.200 Location Restrictions. Locations Requiring an Exception. Wireless telecommunications facilities are strongly disfavored in certain areas. Therefore the following locations are permitted when an exception has been granted pursuant to section 12.18.190: A. Public right-of-way of local streets as identified in the general plan if within the residential zones; B. Public right-of-way if mounted to a new pole that is not replacing an existing pole in an otherwise permitted location. 12.18.210 Effect on Other Ordinances. Compliance with the provisions of this chapter shall not relieve a person from complying with any other applicable provision of this Code. In the event of a conflict between any provision of this division and other sections of this Code, this chapter shall control. 12.18.220 State or Federal Law. A. In the event it is determined by the city attorney that state or federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, such requirement shall be deemed severable and all remaining regulations shall remain in full force and effect. Such a determination by the city attorney shall be in writing with citations to legal authority and shall be a public record. For those facilities, in lieu of a minor conditional use permit or a conditional use permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility, and all provisions of this division shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the director rather than as a discretionary permit. Any conditions of approval set forth in this provision or deemed necessary by the director shall be imposed and administered as reasonable time, place and manner rules. B. If subsequent to the issuance of the city attorney's written determination pursuant to (A) above, the city attorney determines that the law has changed and that discretionary permitting is permissible, the city attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The city attorney's written determination shall be a public record. C. All installations permitted pursuant to this chapter shall comply with all federal and state laws including but not limited to the American with Disabilities Act. Page 30 of 32 01203.0015/287388.1 12.18.230 Nonconforming Wireless Telecommunications Facilities in the Right -of -Way A. Nonconforming wireless telecommunications facilities are those facilities that do not conform to this chapter. B. Nonconforming wireless telecommunications facilities shall, within ten (10) years from the date such facility becomes nonconforming, be brought into conformity with all requirements of this article; provided, however, that should the owner desire to expand or modify the facility, intensify the use, or make some other change in a conditional use, the owner shall comply with all applicable provisions of this Code at such time, to the extent the city can require such compliance under federal and state law. C. An aggrieved person may file an appeal to the city council of any decision of the director made pursuant to this section. In the event of an appeal alleging that the ten (10) year amortization period is not reasonable as applied to a particular property, the city council may consider the amount of investment or original cost, present actual or depreciated value, dates of construction, amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property." SECTION 5. Section 17.96.090 of Chapter 96, Title 17 is amended and replaced in its entirety to read as follows: "Commercial antenna" means all antennas, parabolic dishes, relay towers and antenna support structures used for the transmission or reception of radio, television and communication signals for commercial purposes. For the purpose of this definition, "commercial purposes" shall mean communications for hire or material compensation, or the use of commercial frequencies, as these terms are defined by the Federal Communications Commission (FCC). "Commercial antennas" shall not include antennas owned or operated by governmental agencies. SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7. Effective Date. This ordinance shall be in effective on the thirtieth (30th) day after the day of its adoption. SECTION 8. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner required by law. Page 31 of 32 01203.0015/287388.1 PASSED, APPROVED AND ADOPTED this day of 2016, by the following vote to wit: Mayor ATTEST: City Clerk APPROVED AS TO FORM: David J. Aleshire City Attorney Page 32 of 32 01203.0015/287388.1 From: jcalvagna@netzero.net Sent: Monday, March 14, 2016 7:14 PM To: Michael Throne Cc: Nicole Jules; CC Subject: Wirless site GIS map Director Throne, I've just noticed that the new interactive GIS map for all existing wireless sites is online. This is a great tool that will be extremely helpful when evaluating the need for future sites, potential for co -location, and identifying ownership of non-compliant sites or sites in need of maintenance. The level of detail and information provided is impressive. Please pass along thanks to the staff for this great work. Also, thanks for the proactive transparency on this, it is truly appreciated. Best regards, Jeff Calvagna N From: Doug Willmore Sent: Tuesday, March 15, 2016 4:48 PM To: Ken DeLong Cc: CC Subject: RE: item #3 on Tuesday March 15, 2016 Council Agenda Hi Ken, I apologize for not being clear. I stand behind the Hawthorne project and don't believe that it is a staff "wants". I believe it to be a proper use of public money. Would I have proposed it from scratch today? Probably not. In fact, I did recommend to the Council that they scratch a different fiber project. But, given that the grant had already been attained for the hawthorne project and that most of the engineering had been done, I supported it moving forward. Having said that, I don't find it very useful to engage in discussions that are focused on personal attacks. Nevertheless, thanks for your input. im From: Ken DeLong [mailto:ken.delong@verizon.net] Sent: Tuesday, March 15, 2016 3:30 PM To: Doug Willmore <DWillmore@rpvca.gov> Cc: CC <CC@rpvca.gov> Subject: RE: item #3 on Tuesday March 15, 2016 Council Agenda Doug, I have more to do than do word games with you but some of your commentary needs to be addressed. You have now been City Manager for RPV for one year and what have you done, little for RPV residents except spend their funds needlessly. If fact I ask "why should RPV retain your services? What have you done to improve RPV?" You have been obvious it your efforts to "sell" the Council on the Hawthorne Blvd. Traffic Synchronization project as you did the Storm Drain Tax, Your favorite comment to avoid responsibility seems to be "the Council previously approved it." A competent manager would have made a projects review in his first 90 days to ensure that staff was properly focused for completing projects that met the public "need" not a staff "wants." Any perception that traffic is a problem on Hawthorne Blvd. in RPV has lost awareness. Did you clarify that it is RPV SOUTH of the Highridge / Grayslake intersection and the signals North at Indian Peak and Silver are RHE? The traffic issues on Hawthorne are at Indian Peak and Silver Spur not South of Highridge. Apparently it did not concern you that the LASD statistics included inaccurate data that included locations not in RPV. Let me see some VALID traffic data if you wish to make a convincing argument. In regards to your commentary about malfeasance is concerned, YOU never considered a Cox option. When you first arrived I tried to give you the side of the story not being presented by staff. You promptly "blew me off" and I recognized that you were not interested in factual input. Typical bureaucrat, don't confuse me with facts as 1 have already made up my mind. Staff reports continue to "cloud" the Cox option with vagueness about Cox and other carriers. In regards to costs, your statement that differential is $100,000 is laughable. Having backup facilities for Hesse Park is nonsensible. What has been the Meant Time Between Failure for these facilities? Undoubtedly the "savings" could have been obtained without the fiber cable project. Concerning making the committees irrelevant, unfortunately some seem to accept what staff provides without questioning the veracity. Too bad, these folks seemingly try hard; some just go in the wrong direction. Ken From: Doug Willmore [mailto:DWilimore@rpvca.gov] Sent: Tuesday, March 15, 2016 10:17 AM To: Ken DeLong; CC Subject: RE: item #3 on Tuesday March 15, 2016 Council Agenda Hi Ken, As always, thank you for your input and thoughts. I always appreciate hearing from you. At this late notice, there are just a couple of items I would like to speak to from your email. (1) Last I checked, I wasn't around when this project was first proposed and approved by the City Council in 2010. So, it's hard to reach the conclusion that this is "conclusion desired by City Manager Wllmore." In fact, I can unequivocally say that there is no outcome that I desire with this project. I am relatively ambivalent on the outcome of this decision. If the Council decides to move forward, that's great. If they don't, that's fine also. I think the City is better off with implementing it, but not to the extent that so much time and effort has been placed on the debate about it. (2) I have never encountered your definition of malfeasance before. If that is your definition of malfeasance, then I would speculate that almost any official in any organization, public or private, is guilty of it. We can rarely know ALL the alternatives when making a policy decision. Rather, you gather the information you do have and make the best decision and analysis you can with the information you have. And, having no desired stake or interest in the outcome, I fully stand behind the staff analysis on this one. (3) The savings for the fiber connection part of the project is pretty clear and the payoff is pretty clear. That is a significant part of why I endorsed the project. it is a significant piece that you left out of your email. And the cost of the fiber connection is a little over $100,000, not the $400,000 that you state below. (4) Regarding your concern about old traffic data, I can understand your concerns. However, we have also looked at traffic data from 2011 to 2015. And, anecdotally, I think every resident I have spoken with have said that traffic is worse on Hawthorne now than it was six years ago. Having said that, given that more than 70% of the traffic synchronization project is being paid for with a grant, I think it's a pretty good investment for the City. I know that you have a different opinion, but reasonable people can disagree with needing to make personal attacks. (S) Finally, to say that IMAC and TSC input is irrelevant makes the committees themselves irrelevant, in my opinion. If their input is not going to be considered as another piece of information for the Council, then what is their purpose? I think the Council wants to hear their recommendations, and to the extent that the Council wants to hear them, their input is relevant. =V' From: Ken DeLong [mailto:ken.delong@verizon.net] Sent: Monday, March 14, 2016 8:17 PM To: CC <CC@rpvca.gov> Subject: item #3 on Tuesday March 15, 2016 Council Agenda Subject — This concerns item #3 on Tuesday March 15, 2016 Council Agenda; the Hawthorne Boulevard Traffic Signal Synchronization and Site Facilities Connectivity project. This entire scenario was designed by staff to convince the Council of the necessity of the Hawthorne Boulevard Traffic Signal Synchronization project using incorrect data to arrive at a conclusion desired by City Manager Willmore. Is this not malfeasance when the City Manager does not fully consider ALL alternatives when making recommendations for spending public funds? Unknown is how much staff time was spend on this ridiculous folly. Latest proposed project cost numbers are $1,093,627 with staff reporting no financial impact as costs have already been budgeted. RPV has reportedly obtained a grant of $707,000 which leaves RPV with a cost balance of $386,627. When this project was last before the Council, staff had not included the fiber optic cable in the bid specifications. Interesting.....the low bid contractor had sufficient margin to include a reported —$90 K cost for approximately 4 miles of fiber cable without increasing project costs. Council must ascertain whether or not there are other project costs not identified in the bid specifications. It appears that one of Staff's latest strategies for obtaining Council's approval for the Hawthorne Boulevard Traffic Signal Synchronization and Site Facilities Connectivity project is that current problems with TV Broadcasting of Council meetings CANNOT be resolved without completion of the fiber optic cable project. However, it seems staff has ignored less costly options with an assemblage of words attempting to obfuscate pertinent comparison data. For example, the staff report (pg. 4 / 4th para) states that "the Cox franchise has now ended and Cox has removed their broadcast facilities etc." What staff does not report that Cox offered to replicate the broadcast facility at a reasonable fee, reportedly approximately $1,200 per month. Cox letter February 23, 2015 attached. Secondly, staff has created a perception that there are critical traffic collision matters on Hawthorne Blvd. that are detrimentally impacting public safety. When Council reviews the data provided by the Sheriff's Dept. (Collision Report Summary pages B-44 & B-45 attached) data, Staff's interpretation of the Sheriff's report is, at best, questionable. Staff is using data that is eleven (11) years old. There have been significant traffic control improvements on Hawthorne Blvd. in the past 11 years, particularly at the Hawthorne / Highridge and Hawthorne / Granvia Altamira intersections. • Page B-44 has eleven (11) listed reports. Three of the eleven locations are not in RPV. Nine of the incidents were reported by the Sheriff as improper driving. • Page B-45 has fifteen (15) listed reports. Nine (9) of the locations are NOT in RPV. Eleven (11) of the incidents were reported by the Sheriff as improper driving. Question: How did staff determine that traffic signal optimization would solve improper driving issues? Does the Council agree with staffs assessment? Apparently staff believes that eleven (11) year old data reflects current conditions? Does the Council believe it appropriate to accept a project based on eleven (11) year old inaccurate data? This past week there was a tragic accident in which a bicyclist was killed at Hawthorne Blvd and Vallon Dr. by a collision with a moving van. Would this accident been averted by synchronizing the traffic signals on Hawthorne Blvd? Not likely..... It would seem that whoever evaluated the LASD Collision Report Summary data (if anyone did?) knows little about RPV boundaries. With the first two pages being totally irrelevant to the current conditions, we looked no further at flawed data. In so far as broadcasting of Council meetings originating at Hesse Park is concerned, staff has ignored less costly solutions in favor of spending approximately $400,000 of taxpayer funds needlessly on a staff "want" thus ignoring taxpayer "needs." Staff states that other cost savings that could be developed by installing the fiber optic cable apparently ignoring that the proposed savings could be developed without needlessly installing a fiber optic cable. That both the Traffic Safety and IMC committees approved this project is irrelevant. What has been obvious for some time is that Staff submits reports that are biased and do not properly present the true facts. Ken DeLong Febmaq 21. 20H) Dotty xvilinw,tv Cig MaimVer 01 of Ratrwho PalIts VeMes, 30940 Q" d"wfne Hit I F""ificho I'AoN Vcrdcs. ( \ RE: Franebist; hereemw %vid) (lix (0nn"idiv al5w, I kar Nor. "Almore, ()a cunvntly opeadeb in Te City of Rumho Ms VeMes pwsawn"o is Mule ti idt,�o cevilk,ne un&r Me IM&A lKhMnouru Vi 10 Compokbon Act UMVCAY 11c locill Trona J-si,- hclwcen ;uld the City will e\pka ., i'l) {)', (oh o' k), 2101-5. at v\hich (hili,`, Yj will a aMer of Vhgaffions dun ware gnindhdiacd from Ow hud Anchne arivernou "No we mylemcmed t`{?,,... i,. Maine umkn DI VCA, We nwi with yww Q nal on Ak topic in MaNh 2D14 mul Mmed up with a laver & Apil NH 11 his k0a & hmn&d W r"bw IV you &C comy. &W will IAU owe yon MU 0000' I k 2015 knal Incidw eq,wat"n Wr goal in v mahnah umbpremy mW an open Kw of SO 01W, !he 01v k l*or fht-- I uow�ition' -LilniQz'+ (',tdkc An 5804kW i>yn r"Qm it VNafy Mcm an a Qv nwUM-s dl;),iwill be Joanne i!oX kusulcss Govertimcm Account -Maniqgcr, is and payawn! qAinsnHKmd Anwph aCox She nwy Iv cmumial it; 0,10i 54f -2816 E"KIWOMI COX WM Im longer bc ry&Nd M Ive mid prof.h.we. City Council lmd 1"Mmg 1"MmAnkm r1'w6"Y Aw ow kJl�', channel (chininvi 3:3), 'Any znId obiu,"otion Cox air's io) talha locid fftoJucin PSA , manai t, fig dw (Iommmij Bulletin Und, and untim6mg cytipn"t "ill also cyAm on ()mdvf, 16. 2015. Ke (Ty may elmose to establisli a Her tranoom comwohn and puNhwe it Qx Bunwo circuit to KmAc a Idd of &VVnAw;xl ImImms to Ctis N hoW mid vAich will Akm We p,man hi am6nue to A on cht-nnel 3'. FtfrilleftnolV, the Ra MWW'Vittu 01anwwl 3', %%ilt fidl to Me rfe!;Zpeclkc ust"t-'s ol, tho chanawi, 0k%lux Ow CAY All hmmue wwaswe or mmaong phyTruk of its. coni. ',Wt)P chanm,f it is rec on �m it,,, ud "'0 fhi'JIy lbellir) ;"00rdin;I(ing ""Vid" the other lid: in'stila �.'.Ild ,�pecial distrietJ entity's rolv in 0i;.nI1101 35 akr ()cwlwr 2015. 1he (TY %6H also cominue to he resimnime in vnwwong it's ata n;. chunno 'AMMWI 13L Q & "BIQ h, %V), '601 the pertbada Aday and ist-rico, up" Own on cmakn5n; u nawhimn p4m, 2997 AwKA De Las Bandwan R" — SmU Ma $a CA Mmo Way LeRer May 29, 2015 Page 8 of 21 `,VsLeyll: ( ox "M cmmmue to n"ply ,ton OdaY KA S mgwkoo, to U) w hmv a hud layop CAWdy Symm "N m, Wrtgo N umm"11 dw C by has wTISI a molmmm w (AW a 1 % Pot" 11WOW MY G"'Innh-tu ilkFU 1 10 to W" "Wh CHPAKI CO i. in Woud nuh immuchip 11 A ion SKMW Q Ci!� dcl�'wimvthwti I "Ould Uo I% VlAi W" tkrinci rquat lb Ann Smu And% at 901 Wpley Chkv %m [Ago CA 011 1 md Krimn C :. it Dc 1'.i.: Pmclw S<wt'a "lang"trim, C -A Also, Co'\ 11'as is Cu"';omcf Rcl.Ilions nnun to 1-"npporlinE ` our lok"ll of conlilucnl )'OU 11111ti conulk"i davit, I! n(;'?but 34454M. Me me lot this is a no, c1:€ lii Kinva so you "WY nwd to UNRW wr rewirds. t. mend WON= myou UNAH. A= mill fin 040) 54:6-2' .17; 'Sam Ph 11,11wri ,. Cox WAM RAML CM3 "1 V Cus ComnmlJcmions FhAy LAWq May 29, 20 1. 5 Page 9 of 2 f Los Angeles County Sheriffs Department Lomita D Collision Report Summary r•. 9/18/2010 ate Ranqe Reported: 111105 - 10/31110 3 Total Number of Collisions: 373 rD Tietal Numberof Persons Injured 249 0 ?otal Number of Persons Killed: 1 oPage 1 p iFeport# Date Time LocationQist Dir. Type of Motor Veh. Dir. or Movement Dir. of Movement n M . Collision Involved With Travel 1 Prec. Coll. 1 Travel 2 Prec. Coll. 2 PCF irlj- Kil. Q' L7 915-00070• 173171-472 1/7105 15:10 Hawthorne Blvd & 0' In InL Broadside Other Motor North Making Left South Proceeding Other Improper 0 0, :;0 Grayslake Rd Vehicle Turn Straight Driving .O .05-00081- 118/05 17:45 Hawthorne Blvd & 288' North Rear-End Other Motor South Proceeding South Stopped In Other Improper 0 0 O 1720-472 Palos Verdes Dr N Vehicle Straight Road Driving r^ 105-0Ci155- 1!15105 17.30 Hawthorne Blvd & 0' In Int. Broadside Other Motor East Making Left North Proceeding Other improper 0 0 1734-472 Seamounl Dr Vehicle Tum Straight Driving 105-00174- 1/17/05 15:40 Hawthorne Blvd & 0' In Int. Rear-End Other Motor East Proceeding East Stopped In Other Improper 0 0 1734-472 Ridgeaate Dr Vehicle Straight Road Driving 105-00194- 1/18105 22:28 Hawthorne Blvd & 2' South Rear-End Other Motor North Making U Turn North Proceeding Other Improper 1 0 1720-411 Rolling Hills Rd Vehicle Straight Driving 105-00202- 1/19/05 12:30 Hawthorne Blvd & 330' North Hit Object Fixed Object North Proceeding Other Improper 1 0 1734-471 Granvia Allamira Straight Driving 105-00305- 1/27105 10:40 Hawthorne Blvd & 0' In Int. Broadside Other Motor South Making Right West Proceeding Improper Turning 0 0 1736-472 Crest Rd Vehicle Turn Straight 105-00327- 1/28105 11:18 Palos Verdes Dr W & 0' In Int. Hit Object Fixed Object South Making Right Other Improper 0 0 1738-172 Hawthorne Blvd Turn Driving 105-00408- 213105 07:55 Hawthorne Blvd & via 0' In Int. Broadside Other Motor South Making Left West Proceeding Unknown 0 0 1738-472 Rivera Vehicle Turn Straight 105-00453- 2/5/05 1510 Hawthorne Blvd & Via 2' North Hit Object Fixed Object South Proceeding Other Improper 0 0 1 ;'38-472 Rivera Straight Driving 105-00611- 2/8/05 09:30 Hawthorne Blvd & 100' South Sideswipe Other Motor North Proceeding North Changing Unknown 0 0 1720A72 Palos Verdes Dr N Vehicle Straight Lanes 9'- 99642 ei 731-471 co 2�22iG5 • Blackhorse Rd 9 i Vehicle Straight u r rocee rng Straight UTher mproper Driving 3 )tel c: i r A,� B-44 Page 2 Report# Date Time Location Dist- Dir. Type of Motor Veh. Dir. of Movement Dir. of Movement PCF Inj. Kit. Collision Involved With Travel 1 Prec. Coll. 1 Travel 2 Prec. Coll. 2 3 'b5-00705- 2128105 08:10 Hawthorne Blvd & 0' In Int. Broadside Other Motor West Making Left North Proceeding Unknown D 0 734-472 Raverspur Or (W) Vehicle Tum Straight n ng Driving V5-00788- 315105 18:48 Hawihome Blvd & 0' In Int Broadside Other Motor North Making Right West Making Left Unknown 0 0 ,1720.472 Palos Verdes Or N Vehicle Turn Turn m 731-471 Blackhorse Rd Vehicle Straight ng Driving *.)5.00856- 3111/05 08:00 Hawthorne Blvd & 114' South Hit ONect Fixed Object North Proceeding Other Improper 0 0 0720472 o_ Palos Verdes Or N Straight Driving 105-00872- 3/11105 20:25 Hawthorne Blvd & Via 1100' North Sideswipe Other Motor South Proceeding South Proceeding Other Improper 0 0 1733-251 Rivera Vehicle Straight Straight Driving 105-01052- 3122105 20:50 Hawthorne Blvd & 0' In Int- Broadside Other Motor North Proceeding East Proceeding Other Improper 0 0 1720-472 Palos Verdes Or N Vehicle Straight Straight Driving 105-01075- 3124105 09:10 Hawthorne Blvd & 138' South Sideswipe Other Motor North Changing North Passing Other Unknown 0 0 1720-472 Palos Verdes Or N Vehicle Lanes Vehicle 105-01237- 415105 02:20 Hawthorne Blvd & 600' North Hit Object Fixed Object South Proceeding Other Improper 0 0 1 724-472 Silver Spur Rd Straight Driving 105-01245- 415/05 14:34 Hawthorne Blvd & Via 7391' North Sideswipe Other Motor South Proceeding South Proceeding Other Improper 0 0 1738-472 Rivera Vehicle Straight Straight Driving 105-01285- 416/05 20:00 Hawthorne Blvd & 0' In Int. Broadside Other Motor North Proceeding West Making Left Other Improper 0 0 1724-472 Indian Peak Rd Vehicle Straight Turn Driving 105-01278- 417/05 15:00 Hawthorne Blvd & 0' In Int. Broadside Other Motor East Making Left West Other Improper 0 0 1734-472 Ridgegate Or Vehicle Turn Driving 105-01292- 418105 1210 Hawthorne Blvd & Los 0' In Int. Broadside Other Motor East Making Left South Proceeding Other Improper 0 0 1736-472 Verdes Or Vehicle Turn Straight Driving 105-01349- 4112/05 10:40 Hawthorne Blvd & 312' South Rear -End Other Motor North Proceeding North Proceeding Driving Under 0 0 1734-245 Highridge Rd Vehicle Straight Straight Influence 105-01626- 4127105 08.30 Hawthorne Divd & 0' In Int. South South Unknown 0 0 1720-250 Palos Verdes Or N 105-01671- 4130105 09'10 Hawthorne Blvd & 368' West Broadside Other Motor East Making Left West Proceeding Other lrnproper 3 0 3724.471 v Silver Spur Rd Vehicle Turn Str aioht (hiving to 115.01747- 516105 07:50 Hawthorne Blvd & 0' In Int- Vehicle - Pedestrian West Making Left South Proceeding Other Improper 2 0 4724-471 Indian. Peak Rd Pedestrian Tum Straight Driving B-45 From: Michael Throne Sent: Tuesday, March 15, 2016 12:00 PM To: CC Cc: Ron Dragoo; Nicole Jules; Dan Landon Subject: Late Correspondence Agenda Item 3 Project Data Sheets Attachments: Fiber Connectivity PPDS.pdf; Hawthorne Blvd TSS PPDS.pdf Dear Mayor Dyda and members of the City Council: Attached please find the project profile data sheets referred to in Attachment F - IMAC Memo to City Council related to the subject agenda item. As the Committee observes, the data sheets are a work in progress between the Committee and Public Works and your insight on how to make them more useful and informative would be appreciated. Regards, Michael Throne, PE, PWLF Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes California 90275 310 544-5252 1 http://rpvpay.com/proj ect Hawthorne Blvd Fiber Connectivity Project Profile Data Sheet Page 1 of 14 http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project Page 2 of 14 Project: Hawthorne Blvd Fiber Optic Connectivity between Sites Date of original proposal Name of department proposing this project Name of departmental project manager Name and contact information for resident or community group proposing this project Information Technology Dan Landon Project Phases Initiation Phase Time (Working Days) Can run concurrent? Planning Phase Time (Working Days) Can run concurrent? Execution Phase Time (Working Days) Can run concurrent? Monitoring Phase Time (Working Days) Can run concurrent? Closing Phase Time (Working Days) Can run concurrent? List the municipal policies or community Hawthorne Blvd Stoplight Syncronization project - jointly used to provide bundled benefit of plans to be referenced/utilized for design fiber optic cabling in underground conduit. List the standards to be referenced/utilized for design Identify infrastructure category http://rpvpay.com/project/print_project.php?id=151 3/15/2016 General Project Profile Information Project Name Hawthorne Blvd Fiber Optic Connectivity between Sites Location City Hall, Ryan Park and Hesse Park Project Description Utilize fiber optic cabling already in the ground as part of the Hawthorne Blvd Signal Synchronization project to connect City Hall, Ryan Park and Hesse Park together in a Local Area Network (LAN) segment. Describe the community benefit or outcome There are numerous fiscal, technical and public benefits including a $25,600 annual general from implementing this project fund savings (paying for the project in 4 years, thereafter a $25,600 annual general fund savings), data connectivity to Ryan Park (which is not currently connected to the internet) making wifi, payment services and reserving of rooms available to the public, increased data circuit capacity at Hesse Park, allowing for things like faster public wifi, offsite data backup for business continuity and emergency operations, as will as better video quality for City Council and Planning Commission meeting broadcasts. The primary benefit is the availability of an advance data communications City asset in the ground and available for future benefits like intersection monitoring, allowing the Sheriff to view incidents for public safety, public engagement campaigns along Hawthorne Blvd., security monitoring at park sites to name a few. Describe the outcome if the project is not Neither the public benefits or cost savings will be realized by any of the optional connectivity implemented methods like less expensive leased lines or wireless options. Date of original proposal Name of department proposing this project Name of departmental project manager Name and contact information for resident or community group proposing this project Information Technology Dan Landon Project Phases Initiation Phase Time (Working Days) Can run concurrent? Planning Phase Time (Working Days) Can run concurrent? Execution Phase Time (Working Days) Can run concurrent? Monitoring Phase Time (Working Days) Can run concurrent? Closing Phase Time (Working Days) Can run concurrent? List the municipal policies or community Hawthorne Blvd Stoplight Syncronization project - jointly used to provide bundled benefit of plans to be referenced/utilized for design fiber optic cabling in underground conduit. List the standards to be referenced/utilized for design Identify infrastructure category http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project Name of department or community group that will take responsibility for the project after completion Does that group have the resources to provide long-term maintenance and replacement? Co) Public buildings 0 Park sites 0 Trails 0 Stormwater system 0 Citywide sanitary sewer system 0 Ab Cove sewer system R/W, traffic control devices 0 PB landslide Public Works / Information Technology (iJ Yes 0 No If yes, go to Funding Worksheet and enter amount(s) Is this project an opportunity to join with or 0 Yes No partner with another agency, community organization or non-profit? If yes, identify agency, community, non- profit If yes, describe the benefit of the collaboration Page 3 of 14 http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http:Hrpvpay.com/prof ect PUBLIC HEALTH AND SAFETY Will the roJect enhance or im rove the * Yes 0 No F p overall safety of the city and the delivery of services? If yes, describe how If yes, quantify if feasible Page 4 of 14 Communications enhanced emergency operations center at Hesse Park, future potential security solutions at park sites. Will the project protect the health and Cod Yes 0 No welfare of residents and/or the environment? If yes, describe sector and how Is the project required to mitigate or 0 Yes No eliminate an existing safety condition or hazard? If yes, describe situation needed to be addressed Will the project eliminate an identified 0 Yes No safety condition? If yes, describe how the condition is eliminated If no, will the project mitigate it? C Yes No If yes, describe the mitigation Will the project eliminate an identified Q Yes No hazard? If yes, describe how the hazard is eliminated If no, will the project mitigate it? 0 Yes 0 No If yes, describe the mitigation http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project Does the project support maintenance and development of existing facilities? If yes, identify existing facilities If yes, describe how ESSENTIAL CITY SERVICES *Yes 0 No Increasing data connectivity between City Hall, Hesse Park and Ryan Park. Does the project support maintenance and 0 Yes Q No development of new facilities? If yes, identify new facilities If yes, describe how Is the project required by law or regulation? 0 Yes No If yes, cite law or regulation If the project is not done, would not performing the project violate a law or regulation? If yes, cite law or regulation Is the project required by a court order, settlement agreement or regulatory directive? If yes, cite date of order, agreement or directive If yes, cite terms and/or conditions Are there alternatives or options to the project? If yes, describe alternative or option If no, describe why Describe how that department will operate or maintain the project after completion 0 Yes *No and identify penalty 0 Yes * No (*)Yes 0 No Page 5 of 14 1) Maintain the same service but renegotiate to less expensive circuits. 2) Wireless options such as point-to-point would require 3 towers aproximately 100 feet tall. 3) Cellular wireless is not robust enough to support facility operations, telephones, credit card processing, live video streams for meetings 4) Wireless satellite has expensive start up and ongoing operating costs. Will public engagement be employed to 0 Yes Q No develop or implement the project? If yes, describe sector(s) of the public, engagement level and influence http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project If yes, estimate cost and/or revenue benefit of public engagement Enter this amount in the Funding Worksheet. Page 6 of 14 http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project Does the project support city council goals? If yes, identify CC goal If yes, describe how the goal is supported Does the project meet long-term city goals? If yes, describe goal If yes, describe how goal is met Does the project comply with the General Plan? COMMUNITY VISION, GOALS AND OBJECTIVES 0 Yes *No 0 Yes Oe No Yes 0 No Page 7 of 14 If yes, cite the GP goal/program/policy page 154 - Communications Systems Policies -1) To investigate new cable (fiber optic was not available in 1975) communications systems ... and 2) Encourage the underground installation of cable communication networks in all new developments. If yes, describe how goal/program/policy is The general plan points to encouraging underground communications utilities where possible, satisfied this is a perfect example of a project with alternatives that includes an underground communications option that is the most appropriate to follow general plan guidelines, and has the majority of both fiscal and public benefits. If no, describe why not, this might be a "stop here and rethink your project before proceeding" step Is the project strategic? * Yes 0 No If yes, describe how and any associated Fiber optic in conduit along Hawthorne Blvd. is a technologically advanced City asset in the benefits ground that could have many potential and even unforseen benefits. Over 1.25 billion miles of fiber optic cabling is in use today (according to the primary supplier of fiber optic cabling, Corning), 99% of intercontinental communications takes place using fiber optic cables with additional multi billion dollar projects planned. Is this project an identified need or want Yes (i) No contained in an existing community plan (e.g., Capital Improvement Program, Neighborhood Traffic Calming Program, Master Plan of Drainage, Coastal Vision Plan)? If yes, identify the plan If yes, describe how the need/want from the plan is satisfied by performing the project If yes, was an estimate of cost prepared? O Yes 0 No If yes, is that estimate still reliable? 0 Yes 0 No If yes, go to Funding Worksheet and enter amount. If no, provide new estimate and enter amount in Funding Worksheet. http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project ECONOMY AND EFFICIENCY Will the project improve efficiency? * Yes Q No If yes, describe how Faster connectivity between sites, communications with staff at Ryan Park If yes, can efficiency be quantified? Yes (i) No If yes, describe quantity Will the project improve economy? If yes, quantify amount Will the project increase or improve productivity of municipal operations? If yes, describe how If yes, quantify amount of increase or improvement Will the project increase or improve productivity of local businesses? If yes, describe how If yes, quantify amount of increase or improvement Is the project in construction? If yes, identify budget amount Page 8 of 14 *Yes 0 No Provide for a $25,600 annual general fund savings associated the the removal of City data circuits Yes 0 No Faster connectivity, improved video signal and options for RPVty processing, communications with Ryan Park staff, offsite backup location. 0 Yes *No 0 Yes *No funding source percent completion Go to Funding Worksheet and enter amounts Does the project require the payment ofd} Yes:} No prevailing wages? If yes, cite state or federal or both Will the project require on-going maintenance after construction? Will the project require an annual operating expenditure? Will the project require additional full-time personnel? If yes, estimate number 0 Yes O No If yes, go to Funding Worksheet and enter amounts. Q Yes *No If yes, go to Funding Worksheet and enter amounts. 0 Yes O No http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project Will the project require additional part-time personnel? If yes, estimate number Will the project generate revenue? If yes, estimate annual amount Can the City partner with other agencies, groups, jurisdictions to implement the project? If yes, list agency, group, jurisdiction If yes, is it anticipated that other agency, group, jurisdiction would be able to assist financially? If yes, describe how If yes, identify potential funding amount or percentage of total expenditure Page 9 of 14 If yes, go to Funding Worksheet and enter amounts. 0 Yes *No If yes, go to Funding Worksheet and enter amounts. 0 Yes *No If yes, go to Funding Worksheet and enter amounts. (i) Yes 0 No This is a joint project with the Public Works department to utilize excess fiber optic from a partially CalTrans grant funded safety project. Yes 0 No A considerable amount of the project is construction of underground conduit which would be paid from the Public Works grant funded project. If no, would the other agency, group, 0 Yes No jurisdiction be able to support or contribute in another fashion? If yes, describe support or contribution If the project is work to an existing facility, identify or estimate original construction date Estimate remaining life of existing facility to be replaced in years Estimate residual value of existing facility Provide anticipated life of new facility in Corning states that while many examples of fiber optic in shielded locations are still in years operation for over 40 years, we should expect at a minimum 25 year life. Can the life cycle cost be calculated? 0 Yes 0 No If yes, show the annual maintenance cost and % If yes, go to Funding Worksheet and enter amounts. For projects that create revenue, calculate the project benefit -cost ratio (BCR) http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project Page 10 of 14 BCR = Benefits / (Construction Costs + Operating Costs) _ Describe the degree of uncertainty (high, medium, low) for: Capital cost 0 H 0 M O L Why? Low cost bidder has been selected. Construction duration () H 0 M * L Why? Low cost bidder has been selected. Operating and maintenance costs 0 H 0 M (a) L Why? None Negative environmental impact O H () M L Why? Positive environmental impact 0 H 0 M L Why? Over/under estimation of benefits (e.g., capacity, demand for service, etc.) Has an engineer's estimate of construction cost been prepared? If yes, is it a range? OH OM *L Why? (i) Yes 0 No 0 Yes *No If yes, show range in Funding Worksheet If no, show estimated amount in Funding Worksheet Can the cost of not implementing the project Yes 0 No be estimated? If yes, identify cost $103,215 If yes, does it increase deferred maintenance Yes No for its infrastructure category? If yes, estimate deferred cost and duration http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project OUTSIDE FUNDING Is the roJ'ect current( s endin rant or Cid Yes 0 No p y 11 el t' other outside funds? If yes, identify funding source Reliant on the Caltrans grant for the HAwthorne Blvd Signal Syncronization project agreement title, date Is the project eligible for outside funding? If yes, cite outside funding source If yes, cite anticipated outside funding amount If yes, cite the amount of local match If yes, describe how it is eligible Are there funding constraints? If yes, identify terms and conditions affecting acceptance of funds If yes, identify terms and conditions affecting design, construction, operations and/or maintenance amount $707,000 expenditure deadline Go to Funding Worksheet and enter amounts. 0 Yes (i) No Go to Funding Worksheet and enter amounts. 0 Yes *No Page 11 of 14 Are there consequences of missing Yes 0 No milestones, deadlines, etc.? If yes, describe situation and consequence If the associated Hawthorne Blvd Stoplight Syncronization project is not authorized, the construction of site communication project will be in excess of $466,000. Is funding tied to expenditure phases? 0 Yes No If yes, describe the expenditure phase http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project Maintaining infrastructure? If yes, describe how Maintaining services? If yes, describe how Enhancing infrastructure? If yes, describe how Enhancing services? If yes, describe how Preserving overall quality of life? If yes, describe how Page 12 of 14 QUALITY OF LIFE AND SUSTAINABILITY Will the project support the residential and/or business community by: * Yes 0 No Replacement of outdated data circuit leases with fiber optic cable connectiity physically connected between sites. * Yes 0 No Provide public benefits at Ryan Park and Hesse Pa rk as well as potential other public safety and communications related services. 04 Yes 0 No Create a future ready and advanced fiber optic network between City sites. Yes 0 No Upgrade of data connectivity at park sites, improving the data speed, and adding continuity and emergency operations. 0 Yes Ci) No Maintaining/preserving overall quality of 0 Yes No life? If yes, describe how Enhancing overall quality of life? (#) Yes 0 No If yes, describe how Additional public safety and park amenities. Ensure or increase economic vitality? C) Yes i) No If yes, describe how and amount http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project ENVIRONMENTAL STEWARDSHIP Does the project require CEQA review? 0 Yes Q No If yes, describe CEQA document Has a CEQA document previously been) Yes *No prepared? If yes, identify document type If a categorical exemption, cite exemption If yes, note when it was approved If yes, are there mitigation measures 0 Yes (i) No required to be implemented? If yes, describe the measures If no, estimate type of CEQA document required Does the project require NEPA review? 0 Yes 0 No If yes, describe NEPA document Has a NEPA document previously been Yes No prepared? If yes, identify document type If a categorical exclusion, cite type If yes, note when it was approved If yes, are there mitigation measures Q Yes No required to be implemented? If yes, describe the measures If no, estimate type of NEPA document required Page 13 of 14 http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project Page 14 of 14 PROJECT PROFILE FUNDING WORKSHEET Annual impact on operating budget Are operating impacts anticipated? (4�) Yes 0 No If yes, identify impact on worksheet: Name of impacted fund Information Technology - utility - telephone services Revenue generated Savings created $25,600 annually Additional FTEs needed Salaries/benefits for additional FTEs Additional (decreased) operating expenses Debt service (P+I) Fiscal year impacts anticipated to begin Construction management and inspection $ $ $25251 Contingency (list amount % and basis) $ $ $4308 Totals $0 $0 $103214 http://rpvpay.com/project/print_project.php?id=151 3/15/2016 Project Costs Show original cost estimate range, approved budget and current estimate for each budgeted phase Original Estimate Aproved Budget Current Estimate Preliminary engineering $ $ $30571 Environmental $ $ $ Right -of -Way (legal plus acquisition) $ $ $ Capital equipment $ $ $ Construction (identify relevant infrastructure $ $ $43084 categories) Construction management and inspection $ $ $25251 Contingency (list amount % and basis) $ $ $4308 Totals $0 $0 $103214 http://rpvpay.com/project/print_project.php?id=151 3/15/2016 http://rpvpay.com/project Hawthorne Blvd Traffic Signal Sync Project Profile Data Sheet Page 1 of 14 http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project Page 2 of 14 Project: Hawthorne Blvd Traffic Signal Synchronization & Battery Back- up Project General Project Profile Information Project Name Hawthorne Blvd Traffic Signal Synchronization & Battery Back-up Project Location Hawthorne Blvd between Highridge Road/Grayslake Road and Palos Verdes Drive West Project Description The project will synchronize 7 signalized intersections along Hawthorne Blvd for the improved Execution Phase Time (Working Days) 120 Can run concurrent? Monitoring Phase Time (Working Days) 0 Can run concurrent? Closing Phase Time (Working Days) 15 Can run concurrent? List the municipal policies or community plans to be referenced/utilized for design List the standards to be referenced/utilized for design Identify infrastructure category Name of department or community group that will take responsibility for the project after completion n/a "Greenbook" for Public Works Construction & Caltrans Standard Plans and Specifications 0 Public buildings 0 Park sites 0 Trails 0 Stormwater system 0 Citywide sanitary sewer system 0 Ab Cove sewer system (4? R/W, traffic control devices 0 PB landslide Public Works (?) Yes 0 No http://rpvpay.com/project/print_project.php?id=154 3/15/2016 progression of traffic. Pedestrian countdown heads will be installed at 3 of the 7 intersections for improved pedestrian safety and battery backup systems will be installed at all signalized intersections, citywide, to provide back-up power in the event of a power -outage or emergency. Describe the community benefit or outcome The community benefits that will derive from the project include maximization of traffic from implementing this project progression, reduction of delays associated with "start -and -stop" traffic, reduction of air pollution emissions, improved traffic safety and improved air quality. Describe the outcome if the project is not If the project is not implemented the outcome would result in no change to current traffic implemented operations/conditions along Hawthorne Blvd. Date of original proposal 12-07-2010 Name of department proposing this project Public Works Name of departmental project manager Nicole Jules Name and contact information for resident n/a or community group proposing this project Project Phases Initiation Phase Time (Working Days) n/a Can run concurrent? Planning Phase Time (Working Days) n/a Can run concurrent? Execution Phase Time (Working Days) 120 Can run concurrent? Monitoring Phase Time (Working Days) 0 Can run concurrent? Closing Phase Time (Working Days) 15 Can run concurrent? List the municipal policies or community plans to be referenced/utilized for design List the standards to be referenced/utilized for design Identify infrastructure category Name of department or community group that will take responsibility for the project after completion n/a "Greenbook" for Public Works Construction & Caltrans Standard Plans and Specifications 0 Public buildings 0 Park sites 0 Trails 0 Stormwater system 0 Citywide sanitary sewer system 0 Ab Cove sewer system (4? R/W, traffic control devices 0 PB landslide Public Works (?) Yes 0 No http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project Does that group have the resources to provide long-term maintenance and replacement? If yes, go to Funding Worksheet and enter amount(s) Is this project an opportunity to join with or Yes Q No partner with another agency, community organization or non-profit? If yes, identify agency, community, non- City of Rolling Hills Estates profit Page 3 of 14 If yes, describe the benefit of the The City of Rolling Hills Estates may capitalize on the opportunity to continue the collaboration synchronization to improve traffic conditions between Indian Peak and Silver Spur Road, thus resulting in a gap closure project which is highly desirable by the grant awarding agencies. The resulting project would yield peninsula or regional benefits. http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project Page 4 of 14 PUBLIC HEALTH AND SAFETY Will the project enhance or improve the v Yes Q No overall safety of the city and the delivery of services? If yes, describe how Improve traffic operations will result in improved safety travelling along Hawthorne Blvd If yes, quantify if feasible Will the project protect the health and (!� Yes 0 No welfare of residents and/or the environment? If yes, describe sector and how Signal synchronization results in improved traffic operations by reducing delay which increases travel time and by reducing start -stops improves air quality Is the project required to mitigate or 0 Yes No eliminate an existing safety condition or hazard? If yes, describe situation needed to be addressed Will the project eliminate an identified 0 Yes No safety condition? If yes, describe how the condition is eliminated If no, will the project mitigate it? Oe Yes 0 No If yes, describe the mitigation between 2005 and 2010 Hawthorne Blvd experienced 373 collisions of which 249 resulted in injuries and 1 fatality. Between 2010 and 2015, there were 335 collisions of which 215 resulted in injuries and 3 were fatal. Signal synchronization may reduce the liklihood of collisions at intersections because the continuous progression of traffic will reduce chances of collisions associated with starting, stopping and turning. Will the project eliminate an identified Q Yes Ce) No hazard? If yes, describe how the hazard is eliminated If no, will the project mitigate it? 0 Yes 0 No If yes, describe the mitigation http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project Page 5 of 14 ESSENTIAL CITY SERVICES Does the project support maintenance and s% Yes 0 No development of existing facilities? If yes, identify existing facilities Existing traffic signals If yes, describe how Existing traffic signals will be upgraded to include battery back-up systems to provide continuous power in the event of a power outage or emergency Does the project support maintenance and (i) Yes 0 No development of new facilities? If yes, identify new facilities Fiber Optic cabling along Hawthorne Blvd from Highridge Road/Grayslake Road to Palos Verdes Drive West If yes, describe how Should the City be interested in establishing communications from City Hall to Ryan and Hesse Parks, the fiber optic cabling will support this new service at very little cost. Is the project required by law or regulation? O Yes No If yes, cite law or regulation If the project is not done, would not If No performing the project violate a law or regulation? If yes, cite law or regulation and identify penalty Is the project required by a court order, O Yes No settlement agreement or regulatory directive? If yes, cite date of order, agreement or directive If yes, cite terms and/or conditions Are there alternatives or options to the Yes O No project? If yes, describe alternative or option If no, describe why The project is federally funded with a safety grant. Describe how that department will operate After completion, maintenance of the fiber optics and traffic signal controllers are included in or maintain the project after completion the existing maintenance agreement. Will public engagement be employed to Yes C No develop or implement the project? If yes, describe sector(s) of the public, Since the project is ready for construction, public engagement level will primarily be engagement level and influence notification of construction activities that could potentially affect traffic conditions or commute times. n/a http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project If yes, estimate cost and/or revenue benefit of public engagement Enter this amount in the Funding Worksheet. Page 6 of 14 http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project Does the project support city council goals? If yes, identify CC goal If yes, describe how the goal is supported Does the project meet long-term city goals? If yes, describe goal If yes, describe how goal is met Does the project comply with the General Plan? If yes, cite the GP goal/program/policy If yes, describe how goal/program/policy is satisfied If no, describe why not, this might be a "stop here and rethink your project before proceeding' step Page 7 of 14 COMMUNITY VISION, GOALS AND OBJECTIVES 0 Yes *No t� Yes 0 No Improved safety along major corridors traffic signal synchronization will satisfy goal of improved safety by improving traffic progression along Hawthorne Blvd (i) Yes 0 No Is the project strategic? 0 Yes 0 No If yes, describe how and any associated benefits Is this project an identified need or want * Yes 0 No contained in an existing community plan (e.g., Capital Improvement Program, Neighborhood Traffic Calming Program, Master Plan of Drainage, Coastal Vision Plan)? If yes, identify the plan Capital Improvement Plan If yes, describe how the need/want from the the project was added to the CIP in 2010 at the time the project was awarded the grant plan is satisfied by performing the project If yes, was an estimate of cost prepared? o Yes 0 No If yes, is that estimate stili reliable? * Yes 0 No If yes, go to Funding Worksheet and enter amount. If no, provide new estimate and enter amount in Funding Worksheet. http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project Page 8 of 14 ECONOMY AND EFFICIENCY Will the project improve efficiency? * Yes 0 No If yes, describe how The project will improve traffic efficiency along Hawthorne Blvd by reducing travel delays If yes, can efficiency be quantified? Ce) Yes 0 No If yes, describe quantity reduction in travel time - A traffic simulation model was prepared and it is Will the project improve economy? If yes, quantify amount Will the project increase or improve productivity of municipal operations? If yes, describe how If yes, quantify amount of increase or improvement Will the project increase or improve productivity of local businesses? If yes, describe how If yes, quantify amount of increase or improvement Is the project in construction? If yes, identify budget $956,035 amount Does the project require the payment of prevailing wages? If yes, cite state or federal or both Will the project require on-going maintenance after construction? Will the project require an annual operating expenditure? anticipated that the synchronization will reduce travel time by approximately 3 minutes 0 Yes *No 0 Yes *No 0 Yes (� No (�-) Yes 0 No funding source CIP/General Fund Go to Funding Worksheet and enter amounts * Yes 0 No both 0 Yes * No If yes, go to Funding Worksheet and enter amounts. 0 Yes (i) No If yes, go to Funding Worksheet and enter amounts. Will the project require additional full-time 0 Yes No personnel? If yes, estimate number http://rpvpay.com/project/print_project.php?id=154 percent completion 0% 3/15/2016 http://rpvpay.com/project Will the project require additional part-time personnel? If yes, estimate number Will the project generate revenue? If yes, estimate annual amount Can the City partner with other agencies, groups, jurisdictions to implement the project? If yes, list agency, group, jurisdiction If yes, go to Funding Worksheet and enter amounts. 0 Yes *No If yes, go to Funding Worksheet and enter amounts. 0 Yes *No If yes, go to Funding Worksheet and enter amounts. 0 Yes (`i No If yes, is it anticipated that other agency, 0 Yes (i No group, jurisdiction would be able to assist financially? If yes, describe how If yes, identify potential funding amount or percentage of total expenditure If no, would the other agency, group, 0 Yes 0 No jurisdiction be able to support or contribute in another fashion? If yes, describe support or contribution If the project is work to an existing facility, 03-15-2016 identify or estimate original construction date Estimate remaining life of existing facility to 20+ be replaced in years Estimate residual value of existing facility Provide anticipated life of new facility in years Can the life cycle cost be calculated? 0 Yes (} No If yes, show the annual maintenance cost and % If yes, go to Funding Worksheet and enter amounts. For projects that create revenue, calculate the project benefit -cost ratio (BCR) n/a http://rpvpay.com/project/print_project.php?id=1 54 Page 9 of 14 3/15/2016 http://rpvpay.com/project Page 10 of 14 BCR = Benefits / (Construction Costs + Operating Costs) _ Describe the degree of uncertainty (high, medium, low) for: Capital cost OH OM *L Why? Construction duration 0 H 0 M (ij L Why? Operating and maintenance costs 0 H O M L Why? Negative environmental impact 0 H 0 M (i) L Why? Positive environmental impact (.) H O M (i) L Why? Over/under estimation of benefits (e.g., 0 H 0 M 0 L Why? capacity, demand for service, etc.) Has an engineer's estimate of construction ( Yes 0 No cost been prepared? If yes, is it a range? 0 Yes 0i) No If yes, show range in Funding Worksheet If no, show estimated amount in Funding Worksheet Can the cost of not implementing the project Yes 0 No be estimated? If yes, identify cost $54,400 this is the amount that has been granted to the City for the completed design phase of the project. If the City chooses not to proceed with construction, this amount MAY have to be returned to the State. If yes, does it increase deferred maintenance 0 Yes (i) No for its infi•astructure category? If yes, estimate deferred cost and duration http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project OUTSIDE FUNDING Is ther-Ject currentl s endin rant or (#)Yes 0 No p Y P gg other outside funds? If yes, identify funding source Federal Highway Safety Improvement Funds agreement title, date Program Supplement Agreement Is the project eligible for outside funding? If yes, cite outside funding source if yes, cite anticipated outside funding amount If yes, cite the amount of local match If yes, describe how it is eligible Are there funding constraints? If yes, identify terms and conditions affecting acceptance of funds If yes, identify terms and conditions affecting design, construction, operations and/or maintenance Are there consequences of missing milestones, deadlines, etc.? Ifyes, describe situation and consequence amount $707,000 expenditure deadline Go to Funding Worksheet and enter amounts. Ci) Yes 0 No Federal Highway Safety Improvement Funds $707,000 Page 11 of 14 06-30-2017 $70,000 Grant application completed, submitted and was awarded in March 2011 Go to Funding Worksheet and enter amounts. Yes 0 No Adherence to Federal/State standards expending the federal funds in a timely manner is critical *Yes 0 No jeopardizing losing federal funding Is funding tied to expenditure phases? s Yes 0 No If yes, describe the expenditure phase Design (2013-2014) Construction 2015-2016) http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project Maintaining infrastructure? If yes, describe how Maintaining services? If yes, describe how QUALITY OF LIFE AND SUSTAINABILITY Will the project support the residential and/or business community by: 0 Yes *No 0 Yes O No Page 12 of 14 Enhancing infrastructure? * Yes 0 No If yes, describe how the project will add enhancements to the current traffic signal operations along hawthorne blvd. Enhancing services? If yes, describe how Preserving overall quality of life? If yes, describe how 0 Yes *No 0 Yes n No Maintaining/preserving overall quality of 0 Yes No life? If yes, describe how Enhancing overall quality of life? If yes, describe how Ensure or increase economic vitality? If yes, describe how and amount *Yes 0 No reducing delay 0 Yes *No http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project ENVIRONMENTAL STEWARDSHIP Does the project require CEQA review? 0 Yes 0 No If yes, describe CEQA document A notice of exemption will be filed with the County Has a CEQA document previously been 0 Yes (e) No prepared? If yes, identify document type If a categorical exemption, cite exemption If yes, note when it was approved If yes, are there mitigation measures 0 Yes 0 No required to be implemented? If yes, describe the measures If no, estimate type of CEQA document required Does the project require NEPA review? 0 Yes (i) No If yes, describe NEPA document Has a NEPA document previously been 0 Yes 0 No prepared? If yes, identify document type If a categorical exclusion, cite type If yes, note when it was approved If yes, are there mitigation measures 0 Yes No required to be implemented? If yes, describe the measures If no, estimate type of NEPA document required Page 13 of 14 http://rpvpay.com/project/print_project.php?id=154 3/15/2016 http://rpvpay.com/project Page 14 of 14 PROJECT PROFILE FUNDING WORKSHEET Annual impact on operating budget Are operating impacts anticipated? Yes No If yes, identify impact on worksheet: Name of impacted fund Revenue generated Savings created Additional FTEs needed Salaries/benefits for additional FTEs Additional (decreased) operating expenses Debt service (P+I) Fiscal year impacts anticipated to begin http://rpvpay.com/project/print_project.php?id=154 3/15/2016 Project Costs Show original cost estimate range, approved budget and current estimate for each budgeted phase Original Estimate Aproved Budget Current Estimate Preliminary engineering $65470 $65470 $101905 Environmental $n/a $n/a $n/a Right -of -Way (legal plus acquisition) $n/a $n/a $n/a Capital equipment $n/a $n/a $n/a Construction (identify relevant infrastructure $975532 $975532 $978671 categories) Right of way and traffic Construction management and inspection $84170 $84170 $84170 Contingency (list amount % and basis) $70360 $70360 $30786 Totals $1195532 $1195532 $1195532 http://rpvpay.com/project/print_project.php?id=154 3/15/2016 PININEll CITY OF RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: MARCH 14, 2016 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, March 15, 2016 City Council meeting: Item No. Description of Material H Emails from: Claire Ealy; Andrea Vona K Revised Professional Services Agreement N Email exchange between Staff and John Freeman 2 Revised Attachment A Respectfully s itted, �A Carla Morreale W:\AGENDA\2016 Additions Revisions to agendas\20160315 additions revisions to agenda thru Monday.doc From: Claire <claire.ealy@cox.net> Sent: Wednesday, March 09, 2016 10:56 AM To: Ken Dyda; Brian Campbell; Susan Brooks; Jerry Duhovic; Anthony Misetich Cc: CC; kilil9000@hotmail.com; Salim@chef-trends.com; feinsetler@msn.com Subject: March 15 City Council Meeting - Item H Importance: High Re: City Council Special Meeting March 15, 2016 Consent Calendar Item H: Consideration and possible action to receive and file the 2013 Palos Verdes Land Conservancy Annual Report Dear Mayor Dyda and Council Members: I believe this item may just be a formality, as this is a 2013 plan, but I would appreciate it if the Council could address one concern: water required for irrigation in the PVPLC plan. It is my understanding that the city of Rancho Palos Verdes is required to reduce water consumption by 36%. How can the city of Rancho Palos Verdes and the PVPLC justify: 1. The ongoing irrigation of "native" plants that were planted several years ago on the southern slope of Alta Vicente but have not thrived, 2. And, more importantly, why would you allow planting of over 20,000 new plants in lower Alta Vicente that will require significant irrigation for at least 3-5 years? I live adjacent to Alta Vicente and am alarmed that healthy plants and shrubs are being destroyed in order to install plants that will require huge amounts of water, if they survive at all. As a homeowner who has been collecting water in buckets for many months and reducing plants in my yard, I am concerned about the stewardship of our water resources. Can you please respond to your decision on this plan? Thank you for your consideration, Claire Ealy 36 Via Capri Rancho Palos Verdes CC: Villa Capri HOA Board H From: Claire - Cox <claire.ealy@cox.net> Sent: Saturday, February 27, 2016 11:34 AM To: info@pvplc.org Cc: CC Subject: Alta Vicente Dear Sirs: I live at 36 Via Capri, adjacent to Alta Vicente. My husband and I bought this home because of the beauty of the hillside behind us. I have been watching with increasing horror as truckloads of people descend to cut down everything green in sight. I believe these must be volunteers for your organization. I assume you are trying to rid the area of non-native species but you are destroying huge areas of habitat for birds, rabbits, skunks, raccoons, and other animals. Is this sort of scorched earth approach what you mean by "natural open space where visitors may enjoy peaceful solitude, where children and adults can learn about the natural environment, and where native plants and animals can thrive"? How is this massive destruction of every living thing considered "preservation"? We have a beautiful area here. Please preserve it as is! Thank you, Claire Ealy 36 Via Capri Rancho Palos Verdes From: Claire - Cox <claire.ealy@cox.net> Sent: Saturday, March 05, 201611:54 AM To: 'Andrea Vona'; info@pvplc.org; swilcox@pvplc.org Cc: CC; PC Subject: Alta Vicente , Importance: High Dear Ms. Wilcox, Thank you for calling me about the PVPLC project at Alta Vicente and for sharing the Nature Preserve Report. I understand there will be a City Council meeting on March 15 and I encourage the PVPLC and the RPV City Council to look closely at this plan, consider the neighborhoods affected, look at water consumption, and evaluate whether this is the best use of donor contributions and city funds. Although you told me that you plan to only plant the area west of the trail (between the trail and PV Drive), I noticed that there has been significant clearing east of the trail. There are many stumps where acacias and other plants have been cut down. Have you now finished clearance in this area and, if not, what else do you plan to do? You also said you only planned to cut a few palm trees that were so small "we probably hadn't even noticed them". Yes, we've noticed the palm trees and we appreciate the diversity and beauty they bring to our landscape. Please don't remove them! You told me that you intend to plant 20,000 plants this fall in the area between the trail and PV Drive and that you will use "soil colored pipes". You anticipate the need for irrigation for at least 3-4 years. And I believe you are still having to water the plants further up the trail that were planted several years ago. This morning as I was collecting water in a bucket waiting for the shower to get warm, I wondered how the city of Rancho Palos Verdes decided to move forward with a plan that required so much ongoing irrigation. We are required to reduce consumption by 36%, yet PVPLC was given approval to continue watering plants that were planted several years ago and have not been able to take hold. You evidently paid all or part of the cost of bringing in goats to eat brush behind the Villa Capri homes but you do not plan to continue doing that. Is this because so much will be spent on clearing and replanting other areas? Thank you for your offer to provide an information session to the Villa Capri community and I will share your offer with our HOA Board. The climate has changed in recent years. If native plants could have survived, maybe they would have. The plants that are surviving now are truly native and sustainable. We love living adjacent to Alta Vicente. Please don't try to improve on its perfection! Thank you for your consideration, Claire Ealy 36 Via Capri BCC: Villa Capri Homeowners From: Claire - Cox [mailto:claire.ealy@cox.net] Sent: Monday, February 29, 2016 7:36 PM To: 'Andrea Vona' <avona@pvplc.org>; info@pvplc.org Cc: cc@rpvca.gov; PC@rpvca.gov Subject: Alta Vicente Importance: High Hello Ms. Vona, Thank you for your response. If I'm reading your plan correctly, it seems that you plan to remove all "non-native grassland" (the beautiful fennel, statice, and other flowering plants), "disturbed coastal sage shrub" (the area where birds and rabbits flourish), "disturbed saltbrush scrub" and "exotic woodland" (pepper trees, gum trees and palms) Please don't tell me you're going to chop down the beautiful old palm trees! Are you planning to clear cut the entire area circled below in red - all the shrubs in the center of the field and all the acacias and other trees and shrubs that grow beneath the power lines? Based on this "after restoration treatment" view, there will be nothing left of the beautiful hillside we see now. The reason we bought this home was for the lovely hillside that slopes down to the sea. This our view in the spring. It may look terrible to you (with all those non-native plants), but it's stunningly beautiful to us. Whoever thinks this "disturbed" habitat "has limited wildlife value" doesn't live with this as their back yard. 4 If you carry out your plan, I envision a decimated hillside with nothing green between our home and the ugly city hall building. And if you do what has been done to the southern portion of the area, there will be years and years of seeing scraggly plants and miles of crisscrossing white PVC pipes to try to keep them alive. This destruction will have a negative effect on the Villa Capri community. Were the property values of Villa Capri homeowners given any consideration by your organization and the city when this plan was approved? Please let me know if I am misunderstanding your plan. Thank you, Claire Ealy BCC: Villa Capri Homeowners From: Andrea Vona [mailto:avona@pyplc.org] Sent: Monday, February 29, 2016 3:37 PM To: Claire - Cox <claire.ealyE(@�cox.net>; info@pvplc.org Cc: c�ca.gov Subject: RE: Alta Vicente Hello, Thank you so much for reaching out to the Land Conservancy. Yes, we have been doing work recently at the Alta Vicente Reserve as part of the site's habitat restoration. I invite you to also view full plans for the site on our webpage httr)://Pvplc.org/ lands/alta vicente.as . The web address to the direct plan link is htt : v Ic.or lands docs AltaVicentg RestorationPlan Feb201 QPT, df. About five years ago we planted over 15,000 plants on ten acres along the southern portion of the site and they are filling in quite nicely. We will begin planting the northern portion of the land this fall. This is the portion of land that is most visible to you. Overall there will be more than 25,000 plants installed to comprise coastal sage scrub, cactus, Palos Verdes blue butterfly habitat and a wildflower area. The newly planted native plants will live year round and provide lasting refuge for wildlife, rather than the annual weeds that die each year in late spring. I can understand and appreciate that our recent work in removing some of the weeds and invasive plants may not appear to be conservation in makeup. However, preparing sites prior to the restoration of degraded landscapes is a best practice and ultimately helps to ensure the success of the project. After the land is restored, the habitat value and capacity for the site to support wildlife will grow and the variety and amount of bird song, butterfly sightings, etc. will increase as well. You might be pleased to know that the clippings of acacia branches are being used by the Los Angeles Zoo as food for the elephants and giraffes. The Peninsula News recently highlighted this collaboration and the article can be viewed httr)://ovplc.org/ news/docs/PVNewsZooFood.pdf We share with you the appreciation of this special land and its preservation as a true California landscape for future generations. Sincerely, Andrea Andrea Vona Executive Director Palos Verdes Peninsula Land Conservancy 916 Silver Spur Road, #207 Rolling Hills Estates, CA 90274 www.pvplc.or,Q 310-541-7613 X204 310-541-7623 (fax) 310-930-0583 (cell) Preserving land and restoring habitat for the education and enjoyment of all. join our mailing list Join us w From: Claire - Cox [mailto:claire.ealy(acox.net] Sent: Saturday, February 27, 2016 11:34 AM To: infoca�lc.or Cc: cc fpvca-oy Subject: Alta Vicente Dear Sirs: I live at 36 Via Capri, adjacent to Alta Vicente. My husband and I bought this home because of the beauty of the hillside behind us. I have been watching with increasing horror as truckloads of people descend to cut down everything green in sight. I believe these must be volunteers for your organization. I assume you are trying to rid the area of non-native species but you are destroying huge areas of habitat for birds, rabbits, skunks, raccoons, and other animals. Is this sort of scorched earth approach what you mean by "natural open space where visitors may enjoy peaceful solitude, where children and adults can learn about the natural environment, and where native plants and animals can thrive"? How is this massive destruction of every living thing considered "preservation"? We have a beautiful area here. Please preserve it as is! Thank you, Claire Ealy 36 Via Capri Rancho Palos Verdes From: Andrea Vona <avona@pvplc.org> Sent: Friday, March 11, 2016 5:12 PM To: Claire - Cox; info@pvplc.org Cc: CC; PC Subject: RE: Alta Vicente Hello Claire, You are welcome. I would like to offer a few clarifications and responses to your questions. We don't intend to remove all of the disturbed coastal sage scrub or disturbed saltbush scrub or exotic woodland. There are several plants in those areas that will remain such as the shrubs in the center of the field. Also, please note that the areas with cross hatches are fuel modification areas. The fuel modification is done by Rancho Palos Verdes and we will not be working in those areas. We are currently working mostly on the western side of the trail, closest to PV Drive South. We look forward having a presentation and discussion with the HOA as well. Thank you. Sincerely, Andrea Andrea Vona Executive Director Palos Verdes Peninsula Land Conservancy 916 Silver Spur Road, #207 Rolling Hills Estates, CA 90274 vyww favplc. 919 310-541-761.3 X204 310-541-7623 (fax) 310-930-0583 (cell) Preserving lend and restoring habitot for the education and enjoyment of all. Join our mailing list Join us,�� From: Claire - Cox [mailto:claire.ealyacox.net] Sent: Monday, February 29, 2016 7:36 PM To: 'Andrea Vona'; info � adv I_c, Cc: cc rDv_ca.aov; PC car YQ� Subject: Alta Vicente Importance: High Hello Ms. Vona, Thank you for your response. If I'm reading your plan correctly, it seems that you plan to remove all "non-native grassland" (the beautiful fennel, statice, and other flowering plants), "disturbed coastal sage shrub" (the area where birds and rabbits flourish), "disturbed saltbrush scrub" and "exotic woodland" (pepper trees, gum trees and palms) Please don't tell me you're going to chop down the beautiful old palm trees! Are you planning to clear cut the entire area circled below in red - all the shrubs in the center of the field and all the acacias and other trees and shrubs that grow beneath the power lines? H Based on this "after restoration treatment" view, there will be nothing left of the beautiful hillside we see now. The reason we bought this home was for the lovely hillside that slopes down to the sea. This our view in the spring. It may look terrible to you (with all those non-native plants), but it's stunningly beautiful to us. Whoever thinks this "disturbed" habitat "has limited wildlife value" doesn't live with this as their back yard. If you carry out your plan, I envision a decimated hillside with nothing green between our home and the ugly city hall building. And if you do what has been done to the southern portion of the area, there will be years and years of seeing scraggly plants and miles of crisscrossing white PVC pipes to try to keep them alive. This destruction will have a negative effect on the Villa Capri community. Were the property values of Villa Capri homeowners given any consideration by your organization and the city when this plan was approved? Please let me know if I am misunderstanding your plan. RCC: Villa Capri Homeowners From: Andrea Vona [mailto:avona@p gic.o ] Sent: Monday, February 29, 2016 3:37 PM To: Claire - Cox <claire.ealy cox.net>; info@pvplc.org Cc• cc _ rpvca.gov Subject: RE: Alta Vicente Hello, Thank you so much for reaching out to the Land Conservancy. Yes, we have been doing work recently at the Alta Vicente Reserve as part of the site's habitat restoration. I invite you to also view full plans for the site on our webpage http://pvplc.or/ lands alta vicente.asp. The web address to the direct plan link is htt v Icor lands docs AltaVicente RestorationPlan Fe216 OPT. df. About five years ago we planted over 15,000 plants on ten acres along the southern portion of the site and they are filling in quite nicely. We will begin planting the northern portion of the land this fall. This is the portion of land that is most visible to you. Overall there will be more than 25,000 plants installed to comprise coastal sage scrub, cactus, Palos Verdes blue butterfly habitat and a wildflower area. The newly planted native plants will live year round and provide lasting refuge for wildlife, rather than the annual weeds that die each year in late spring. I can understand and appreciate that our recent work in removing some of the weeds and invasive plants may not appear to be conservation in makeup. However, preparing sites prior to the restoration of degraded landscapes is a best practice and ultimately helps to ensure the success of the project. After the land is restored, the habitat value and capacity for the site to support wildlife will grow and the variety and amount of bird song, butterfly sightings, etc. will increase as well. You might be pleased to know that the clippings of acacia branches are being used by the Los Angeles Zoo as food for the elephants and giraffes. The Peninsula News recently highlighted this collaboration and the article can be viewed http://pvplc.orp,/ newsIdocs/PVNewsZooEaod.pdf We share with you the appreciation of this special land and its preservation as a true California landscape for future generations. Sincerely, Andrea Andrea Vona Executive Director Palos Verdes Peninsula Land Conservancy 916 Silver Spur Road, #207 Rolling Hills Estates, CA 90274 www.pvplc.org 310-541-7613 X204 310-541-7623 (fax) 310-930-0583 (cell) Preserving land and restoring habitat fear the education and enjoyment of call. Join our mailing list Join us From: Claire - Cox [mailto:claire.ealy@cox.net] Sent: Saturday, February 27, 2016 11:34 AM To: inFc @-yplc.orq Cc: cc.@rp,ca-.gov Subject: Alta Vicente Dear Sirs: I live at 36 Via Capri, adjacent to Alta Vicente. My husband and I bought this home because of the beauty of the hillside behind us. I have been watching with increasing horror as truckloads of people descend to cut down everything green in sight. I believe these must be volunteers for your organization. I assume you are trying to rid the area of non-native species but you are destroying huge areas of habitat for birds, rabbits, skunks, raccoons, and other animals. Is this sort of scorched earth approach what you mean by "natural open space where visitors may enjoy peaceful solitude, where children and adults can learn about the natural environment, and where native plants and animals can thrive"? How is this massive destruction of every living thing considered "preservation"? We have a beautiful area here. Please preserve it as is! Thank you, Claire Ealy 36 Via Capri Rancho Palos Verdes CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and SUNBEAM CONSULTING for Professional Engineering Design Services for the Residential Streets Rehabilitation Project, Areas 2 and 6 -1- K. AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND SUNBEAM CONSULTING THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 15`x' day of March, 2016 by and between the City of Rancho Palos Verdes, a California municipal corporation ("City") and Sunbeam Consulting ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties". RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. -2- 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by -3- altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed four hundred thirteen thousand and seven hundred dollars ($ 413,700) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub- contractor contracts. Sub -contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no -5- event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Charles Stephan (Name) Vice President (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Ron Dragoo, Principal Engineer or Michael Throne, Director of Public Works or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the -6- approval of the Contract Officer, The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. -7- (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B". 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following "cancellation" notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30) - DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5. 1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; I!M (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. -10- 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. -11- (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. -12- 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either parry of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and - 13 - prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. -14- Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. - 15 - 9.6 Warranty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initials 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -16- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. ATTEST: , City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP David J. Aleshire, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation , Mayor CONSULTANT: SUNBEAM CONSULTING Name: Charles Stephan Title: Vice President Address: 1817 Josie Avenue Long Beach, CA 90815 IN Name: Title: Address: 1817 Josie Avenue Long Beach, CA 90815 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. -17- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2015 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0006/289036.3 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2015 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" I. Consultant will perform the following services: Overview I. Research & Preparation a. Perform record research with the County Surveyor and City of Rancho Palos Verdes. b. Organize collected documents/maps for efficient field inventory. II. Pre -Construction Preservation/Perpetuation a. Field identify/expose existing monuments, their condition (on surface, buried, destroyed/disturbed/missing), and adjacent ties. b. Set ties and remove monuments as necessary. c. Present an exhibit for surface monuments in slurry reaches for Contractor and Inspector to ensure monuments are protected from slurry material. d. Prepare and file corner records as necessary. III Post -Construction Preservation/Perpetuation a. Reset new monuments in finished surface. b. Review and ensure existing surface monuments were protected from slurry material. c. Prepare and file corner records as necessary. Assumptions • This project covers centerline monumentation and property monuments that maybe set in existing curbs that is shown on recorded maps, corner records, or other documents available with the County Surveyor or City of Rancho Palos Verdes. Tasks 1. Plans, Specifications and Estimate for PCC Curb, Gutter, Driveway, and ADA Curb Ramp Improvements: 1A. Preliminary Draft Submittal 1B. Final Submittal, with Engineers stamp and signature 1C. Attend Preconstruction Meeting 1D. Construction Support 1E. As -Built Plans 2. Plans, Specifications and Estimate for Pavement Rehabilitation Improvements: 2A. Preliminary Draft Submittal 2B. Final Submittal, with Engineers stamp and signature 2C. Attend Preconstruction Meeting 2D. Construction Support 2E. As -Built Plans 3. Plans, Specifications and Estimate for Sign Replacement and Installation Improvements: 3A. Preliminary Draft Submittal 3B. Final Submittal, with Engineers stamp and signature 3C. Attend Preconstruction Meeting 3D. Construction Support 3E. As -Built Plans 4. Survey Monument Investigation and Restoration 4A. Pre -construction Survey Monument Investigation, Tie -outs, and File Maps with City and County 4B. Post -construction Survey Monument Investigation, Tie -outs, and File Maps with City and County II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: 1A. Preliminary Draft Submittal 113. Final Submittal, with Engineers stamp and signature 1E. As -Built Plans 2A. Preliminary Draft Submittal 2D. Construction Support 2E. As -Built Plans 3A. Preliminary Draft Submittal 3B. Final Submittal, with Engineers stamp and signature 3E. As -Built Plans 4A. Pre -construction Survey Monument Investigation, Tie -outs, and File Maps with City and County 4B. Post -construction Survey Monument Investigation, Tie -outs, and File Maps with City and County III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports: A. None IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: a. Charles Stephan EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. Sunbeam will subcontract with KDM Meridian for the survey portion of the project, indicated and paid for in Part 4 of the fee schedule. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. Ti XATHIT ur» SCHEDULE OF COMPENSATION I. Consultant shall perform the following Services at the following rates: Item Amount 1. Plans, Specifications and Estimate for PCC Curb, Gutter, Driveway, and ADA Curb Ramp Improvements: 1A. Preliminary Draft Submittal $ 20,500.00 1B. Final Submittal, with Engineers stamp and signature $ 15,100.00 1C. Attend Preconstruction Meeting $ 2,250.00 1D. Construction Support $ 2,500.00 1E. As -Built Plans $ 1,500.00 Subtotal $ 41,850.00 2. Plans, Specifications and Estimate for Pavement Rehabilitation Improvements: 2A. Preliminary Draft Submittal $ 10,250.00 2B. Final Submittal, with Engineers stamp and signature $ 7,550.00 2C. Attend Preconstruction Meeting $ 1,125.00 2D. Construction Support $ 1,250.00 2E. As -Built Plans $ 750.00 Subtotal $ 20,925.00 3. Plans, Specifications and Estimate for Sign Replacement and Installation Improvements: 3A. Preliminary Draft Submittal $ 10,250.00 3B. Final Submittal, with Engineers stamp and signature $ 7,550.00 3C. Attend Preconstruction Meeting $ 1,125.00 3D. Construction Support $ 1,250.00 3E. As -Built Plans $ 750.00 Subtotal $ 20,925.00 4. Survey Monument Investigation and Restoration 4A. Pre -construction Survey Monument Investigation, Tie - outs, and File Maps with City and County $ 145,000.00 4B. Post -construction Survey Monument Investigation, Tie - outs, and File Maps with City and County $ 185,000.00 Subtotal $ 330,000.00 TOTAL $ 413,700.00 SURVEY ASSUMPTIONS: A. Existing Surface Monuments (est. 300 ea @ $650) $195,000 B. Existing Buried Monuments (est. 150 ea @ $900) $135,000 II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services. III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all the work performed, B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $ 413,700, as provided in Section 2.1 of this Agreement. EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services, including delivery of tangible work products to the City, in accordance with the following schedule. Delivered according to the week following the Notice to proceed: WEEK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1. Plans, Specifications and Estimate for PCC Curb, Gutter, Driveway, and ADA Curb Ramp Improvements: 1A. Preliminary Draft Submittal 1B. Final Submittal, with Engineers stamp and signature 1C. Attend Preconstruction Meeting 1D. Construction Support 1E. As -Built Plans Subtotal 2. Plans, Specifications and Estimate for Pavement Rehabilitation Improvements: 2A. Preliminary Draft Submittal 2B. Final Submittal, with Engineers stamp and signature 2C. Attend Preconstruction Meeting 2D. Construction Support 2E. As -Built Plans Subtotal 3. Plans, Specifications and Estimate for Sign Replacement and Installation Improvements: 3A. Preliminary Draft Submittal 3B. Final Submittal, with Engineers stamp and signature 3C. Attend Preconstruction Meeting 3D. Construction Support 3E. As -Built Plans Subtotal 4. Survey Monument Investigation and Restoration 4A. Pre -construction Survey Monument Investigation, Tie - outs, and File Maps with City and County 4B. Post - construction Survey Monument Investigation, Tie - outs, and File Maps with City and County III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. From: John Freeman <jrfree@cox.net> Sent: Monday, March 14, 2016 4:13 PM To: Doug Willmore; CC Cc: Carla Morreale; Ara Mihranian Subject: RE: Council Agenda 3/15/2016, consent calendar item N, Wireless Telecommunications Installations Thanks Doug for those thoughts. Yes, I was initially thinking of the burden of a resident having to pay $2,275 for an appeal to the Planning Commission. You're right that the fee would also apply to the applicant, but then I don't think the wireless companies would even blink at a $2,275 cost. But residents would. My understanding (correct me if I'm wrong) is that city services fees are tied to the actual costs of that service. My thinking was that having the Planning Commission hear a case shouldn't cost as much as having the City Council (along with all the staff present) hearing a case. So maybe the fee should be less. But I agree with you, we can't afford to bottle up the process, with unnecessary frivolous appeals. John From: Doug Willmore [mailto:DWillmore@rpvca.gov] Sent: Monday, March 14, 2016 3:56 PM To: John Freeman <jrfree@cox.net>; CC <CC@rpvca.gov> Cc: Carla Morreale <CarlaM@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: RE: Council Agenda 3/15/2016, consent calendar item N, Wireless Telecommunications Installations ME One thing I'd like you to consider is that the fee is for anyone who appeals. In other words, not just residents, but also applicants, i.e. wireless companies. You may have already considered that when you wrote your email, but if not, I wanted to bring it u. You make a good point. However, we saw appeals from wireless companies to likely be the much likelier outcomes (although admittedly it's a guess at this point) and didn't think it is good public policy to have city staff working on numerous appeals by industry for free. Doug From: John Freeman [mailto:jrfree@cox.net] Sent: Monday, March 14, 2016 2:20 PM To: CC <C r NTa. ov> Cc: Carla Morreale <CarlaM@rpvca ov>; Ara Mihranian <AraM@rpvca.Fov> Subject: Council Agenda 3/15/2016, consent calendar item N, Wireless Telecommunications Installations Mayor Dyda and City Council members: N As I have indicated previously, I support the revised code ordinance for Wireless Telecommunications Installation. One matter, unfortunately was not considered during the deliberation of the revised ordinance: Fees required by a resident to appeal a Public Works Director's decision for review by the Planning Commission. The fee to ask the Planning Commission to hear the Director's decision is evidently $2,275. 1 think we can all easily conclude that this onerous amount will effectively silence the public from participating in any cell tower decisions with the City. I know this isn't what you intend. Why even have public workshops if it costs me $2,275 to challenge the placement, size, or aesthetics of any cell installation? Here is the current Fee Schedule as provided to me by Ara Mihranian. Please see page 6: RESOLUTION NO. 2010-77 EXHIBIT 1 MASTER FEE SCHEDULE PLANNING APPLICATION APPEAL PROCESSING $ 2,255 $ 2,275 YES htt :!/www.r pyca.gov/documentcenter/view/5738 I hope this amount is not what you intended. So I am asking that as part of your deliberation on March 15, 2016 (or on a separate agenda item) to lower the fee to a more practical level which encourages public buy -in and public participation. Thank you. John Freeman From: Ara Mihranian [mailto:AraM(@rpvca.gov] Sent: Monday, March 14, 2016 1:40 PM To: John Freeman <irfree@cox.net>; Carla Morreale <CarlaM@rpvca.v> Cc: Terry Rodrigue <TRodrgue@rpvca. ov> Subject: RE: Schedule of Fees John, The Council adopted Resolution No. 2010-77 which establishes the City's fee schedule doesn't list appeals of the public works director's decisions. However, under the Master Fee Schedule for Planning it lists Application Appeals as $2,275. In planning, this fee is required for any appeal including the Director's decision and the Planning Commission's decision. I gather, the $2,275 appeal fee will be applied for the PW Director's decisions regarding cell sites. Ara Michael Mihranian Deputy Director of Community Development 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5228 (telephone) 310-544-5293 (fax) aram�D-rpvca.gov WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. IF YOU HAVE ME IN YOUR CONTACTS, PLEASE SWITCH MY EMAIL FROM ARAM@RPV.COM TO AARRAAM@RRFPVCA.GOV. Do you really need to print this e-mail? his .-mad - essa" e co- eta €l5 informciti,,n bek-)pcptlg Lo the 'City ,., Ranclx, Dalels veides, ovhi h may be pri 1, ged, rxanfidenbai pres.c=.ted fwni d, e, 1 lei ;nf ofr�laNv— is ntn:=ded aril Feer use of the ini-1lvi�7.;a1 {;e t nfi s� named, €nee, Uw', �thonzc.TJ z-isse �� ��<�4ion, (��straxutior€, io,.copying i, ctirily prohiin;fi^ z. ;° you received this email til 0'-fof. of. i.im,, not a , �,.n. , ed recipient, , f,,4se, notify thesender � rrie ir. s t i 'oi, your ass -sty --C' and d o .kali � � . n r..r�..nn ,. � ., t ..... t y , iris , c 1 s,...l{. Thank vot.€ t. } f€� �s. s:.�:�r.,. <��.. i arit..t�.�x�on. From: John Freeman [rnailto:'rfree cox.net] Sent: Monday, March 14, 2016 12:28 PM To: Ara Mihranian <Ara,Mrpvca. ov>; Carla Morreale <CarlaM a r vca.> Cc: Terry Rodrigue <TRodriuerpvca. ov> Subject: RE: Schedule of Fees Hi Ara, Thanks for the information on the application fees. However, I am looking for the fees required of residents when they wish to appeal a decision by, for example, the Public Works Director. As you probably know, the municipal code is being extensively revised for cell wireless applications. I am NOT interested in the permit fees required by the applicant. I would like to know what are the fees required of a resident that wishes to appeal the decision (approval or denial) of the Public Works Director. My understanding is that the new ordinance requires that those decisions can be appealed to the Planning Commission. 1. What is the fee (if any) required to appeal the Director decision? 2 And secondly, what is the fee to appeal the decision of the Planning Commission to the City Council? (I believe the $2,275 that you quoted is for this, correct?) John Freeman ADVAWt.-.o. meter ,. OP S P AC•250 cj ws'os i e�ste� ,wr n � ! PROJECT OVERVIEW Rancho Palos Verdes March, 2016 1 What is the Advanced Meter Project? California Public Utilities Commission (CPUC) decision received in April 2010 authorizing $1.05 billion to upgrade approximately 6 million existing natural gas meters with a communication device by 2017 fw Automatically reads and securely transmits hourly gas usage information on a "next day" basis Provides more frequent and detailed information to help customers better manage energy use and costs SoCalGas employees continue to perform installations SoCalGas aSempra Energy utafry 2 PHOTOS FOR DISCUSSION PURPOSES ONLY A-2 ADvANCEDmeter Advanced Meter Project SoCalGas a )SempraEnergy umty ^ Data Collector Unit (DCU) Solar OR A/C L—J Powered Powered A-3 ADvnNCEumeter How Does it Work? Natural gas usage is still recorded in the traditional way, it's a communication device that transmits the information electronically oCalGas AAZSempraEnergy ucrry 4 ■ Does not change the functionality of the gas meter; No remote connect / disconnect capabilities ■ Device is off most of the time ■ Securely transmits 12 hours of data 4 times per day to a Data Collector Unit (total "on" time is less than 2 minutes per year) ■ Battery -powered ■ Does not communicate with other meters ■ Does not communicate with A-4 appliances in the home ADVANCEDmeter Safety is a Top Priority ■ Safety is at the heart of everything SoCal Gas does in the public right of way, including the installation of DCUs as part of the Advanced Meter project. ■ Additional customer and safety benefits enabled by the Advanced Meter system include quicker detection of higher -than -usual gas usage allowing earlier investigation of possible problems as well as improved monitoring of gas pressure throughout the gas system. ■ Possible to detect abnormal gas usage in days rather than weeks ■ Faster identification of abnormally high gas usage will allow SoCalGas to investigate these situations earlier than it has historically ■ Earlier discovery of abnormally high gas usage can reduce the financial burden on customers, while at the same time saving energy and improving air quality ■ SoCal Gas, with an outstanding safety record system -wide for more than 140 years, is taking advantage of new technologies like advanced metering to ensure the continued safe and reliable delivery of natural gas to its customers. A-5 mSoCaIlGaS aSempraEnergy utaizy 5 ADVANCE meter Community Outreach Effort ■ Phase 1: Network Construction Customer Notification » Outreach efforts for construction of network Data Collection Units (DCUs) for Outreach remains a top priority for SoCalGas and this project. As was done previously in your city, our team will complete Network Construction Customer Notification: >� The Advanced Meter project includes but not limited to the following in a best effort approach to communicate directly with impacted customers near network locations: Meetings with staff and elected officials 1x1 meetings with impacted residents at their homes and provide project information to those near location of data collection units Mail letters to impacted residents near location of data collection units Follow up phone calls to residents near location of DCU that may have not received letter or may have been unavailable during 1x1 visits Door hanger reminder of construction of DCU 48 hours prior to construction A-6 SoCalGas n�SempraEnergyumity ADVANCEDmeter ;JhaSp 2m- Local Cnmmiminatinn A rimmimilty U 90 to 60 Days Prior to Installation: Briefings with Local Elected Officials, Community Leaders, Chambers, etc. 60 to 30 Days Prior to Installation: Local Community Involvement & Events Obtainfeedback on installation experience How is the information transmitted? Advanced Meter: How Does it Work? Natural Gas Meter Data Collector Unit with Communication (DCU) Module —% !~ i,.� Hourly Reads Solar OR A/C Transmitted Powered Powered Four Times a Day SoCalGas n *Sempra Energy umity C Potential Ways to Access Your Usage Information Online via Alerts My Account Mobile Applications • aDvANCEDmeter About the Communication Network - Data Collection Units (DCUs) Data Collector Unit (DCU) Solar OR A/C Powered Powered PHOTO FOR DISCUSSION PURPOSES ONLY SoCalGas n*SempraEnergy utility ■ Installing approximately 4,300 DCUs throughout SoCalGas' service territory ■ Mostly pole mounted ■ Antennas mounted 24 feet or higher (licensed 450 (800/1900 cellular) MHz frequency) ■ A/C or Solar Powered ■ 21.5" H x 13.6" W x 8.25" D ■ Maximum DCU weight is 55 lbs • Built-in Redundancy: advanced meters will communicate with two to three DCUs A-9 nDvANCEDmeter M 11049■ WOTWo I FT: ;acs:1 C 2419584 �. .. ,a.. Z" d ' v`l v 4 E - C X41959 —�' — 41", 12 D 24- 9 V ,y i L 2 29 M#Ar Ca^ a Jc gee oes ..- 2412 `1,4 1 5 N _ - ., _ ..4v 2 . DCU Locations Addressr--' Latitud4m .. MH131-D On Crest Rd; west and behind of 3280 33.74178333 -118.3364278 Parkhurst Dr, MH133-E On Highridge Rd; East of 28026 33.77713300 -118.38498300 Ridgebrook Ct. MH136-B On Hawthorne Blvd.; South of 15 Via Capri 33.74744722 -118.40416 MH138-D On Cliffsite Dr; North of 3527 Coolheights 33.73682000 -118.33924200 Dr MH146-C On Crest Rd, East of 30111 Ave De Calma 33.761945 -118.406569 MH155-A On Palos Verdes Dr. South; South of 2 33.73961388 -118.369525 Pepper Tree Dr. MH160-B On Forrestal Dr.; East of 32201 Forrestal 33.737775 -118.3476722 Dr. MHx164-B On Hawthorne Blvd; South and to the rear 33.74643400 -118.39742000 of 30738 Via la Cresta MH168-F On Silver Spur Rd; East and behind 26842 33.78110700 -118.37389400 Fond Du Lac Rd MH169-B On Hawthorne Blvd.; East of 6704 Los 33.75503611 -118.3961 Verdes Dr. A-11 SoCaIGaS AAkSempraEnergy umicy ADVANCEDI 1 ete DCU Locations 4ddress Latitude Longitude A-12 SoCalGas a*SempraEnergy utaty 12 ADVANCEDmeter On Hawthorne Blvd; East of and behind MHadd8-E 33.77643100 -118.39285600 28410 Lomo Dr. On Hawthorne Blvd; West of and behind MH162-D 29224 Doverridge Dr. 33.76787100 -118.39093400 MH132-D North of 68 Sea Breeze Ave 33.75856666 -118.3851917 On Palos Verdes Dr. East; Northeast of MH135-D 33.73333055 -118.334313 31297 Ganado Dr. MH120-D On Crest Rd; North of 5400 Crest Rd. 33.763208 -118.3681 On Granvia AltamiraDWest of 6427 Monero MHadd1-C 33.781587 -118.392298 A-12 SoCalGas a*SempraEnergy utaty 12 ADVANCEDmeter Lat: 33.74178333 Lon: -118.3364278 New Installation — 29' Wood Pole 82 feet south of the south curb face of Ganado Dr. A-13 2 feet east of the east curb face of Crest Rd. SoCalGas aAZSempraEnergyutity ADVANCEDmeter Lat: 33.77713300 Lon: -118.38498300 SCE Attachment 84 feet north of the north curb face of Ridgegate Dr 2 feet west of the west curb face of Highridge Rd A-14 SoCalGas n SempraEnergy utalty ADVANCEDmeter Lat: 33.74744722 Lon: -118.40416000 New Installation — 26' Concrete Pole 318 ft South of the South curbface of Via Capri 3 ft. West of the West curbface of Hawthorne Blvd. A-15 SoCalGas A�SempraEnergyutmy ADVANCEDt�1C'tE't' Lat: 33.73682000 Lon: -118.33924200 SCE Attachment 90 feet north of the north curb face of Coolheights Dr 2 feet east of the east curb face of Cliffsite Dr A-16 SoCalGas A*SernpraEnergy uurcy ADVANCEDmeter On of 30111 Ave -imp. .De C Ima_ _ Crest, Rcl• East Lat: 33.76194500 Lon: -118.40656900 New Installation — 26' Concrete Pole 62 ft. South of the South curb face of Ave De Calma 2 ft. East of the East curb face of Crest Rd. A-17 mSoCalGasA �Sernpra Energy utaity ADVANCEDmeter Lat: 33.73961388 Lon: -118.36952500 New Installation — 29' Wood Pole 45 ft. East of the East edge of pavement of Pepper Tree Dr. 6 ft. North of the North edge of pavement of Palos Verdes Dr. South A-18 SoCalGas a�k)SempraEnergy utaty ADVANCEDmeter i Lat: 33.73777500 Lon: -118.34767222 New Installation — 29' Wood Pole 196 ft. North of the North curbface of Pirate Dr. 3 ft. West of the West curbface of Forrestal Dr. A-19 SoCalGas a�kSeinpraEnergy umity ADVANCEDmeter Lat: 33.74643400 Lon: -118.39742000 New Installation — 26' Concrete Pole 1383 feet west of the west curb face of Vallon Dr A-20 2 feet north of the north curb face of Hawthorne Blvd SoCalGas aA—','SempraEnergy ucrcy ADVANCEDmeter STO W -M. -ii 1111:1111,11, MTT� Lat: 33.78110700 Lon: -118.37389400 SCE Attachment 618 feet north of the north curb face of Basswood Ave A-21 2 feet west of the west curb face of Silver Spur Rd SoCalGas A )SempraEnergy usrty ADVANCEDmeter Lat: 33.75503611 Lon: -118.39610000 New Installation — 26' Concrete Pole 37 ft. South of the South curbface of Los Vereds Dr. 7 ft. East of the East curbface of Hawthorne Blvd. A-22 SoCaIGaS a*S,,,,,Energy uerty ADVANCE meter T On Ha t or a Blvd• Ea t o an ehit d 28 10 Lomo Dr. Lat: 33.77643100 Lon: -118.39285600 SCE Attachment 29 feet north of the north curb face of San Nicolas Dr. A-23 2 feet west of the west curb face of Hawthorne Blvd. SoCalGas a�kSempraEnergy uiacy ADVANCEDmeter Lat: 33.76787100 Lon: -118.39093400 New Installation — 26' Concrete Pole 38 feet south of the south curb face of Doverridge Dr. A-24 8 feet east of the east curb face of Hawthorne Blvd. SoCalGas AAZSempraEnergy ucmcy ADVANCEDmeter G.�� or mar m91 --m Own "1" Lat: 33.75856666 Lon: -118.38519166 New Installation — 26' Concrete Pole Umm NW -00 mm W R 46 Feet West of the West Curbface of Country Meadow Rd 3 Feet North of the North Curbface of Crest Rd A-25 SoCalGas a�k)SempraEnergy utmcy ADVANCEDmeter Lat: 33.73333055 Lon: -118.33431300 New Installation — 29' Wood Pole 111 ft. North of the North curbface of Ganado Dr. A-26 7 ft. East of the East curbface of Palos Verdes Dr. East SoCalGas ti*SempraEnergy utrri ADVANCEDmeter On Crest Lat: 33.76320800 Lon: -118.36810000 New Installation — 29' Wood Pole 535 ft. East of the East curb face of Crenshaw BI. q-27 5 ft. South of the South curb face of Crest Rd. SoCalGas n*SempraEnergy ucrcy ADVANCE meter Lat: 33.78158700 Lon: -118.39229800 New Installation — 29' Wood Pole 63 ft. North of the North curb face of Monero Dr. A-28 2 ft. East of the East curb face of Granvia Altamira SoCalGas A* SempraEnergyuciscy ADVANCEDmeter mSoCalGas a Sempra Energy utu4 Appendix ►Q, A-29 aDvANCEDmeter What are the Benefits? Get Information SoCalGas A XSempra Energy uercy Save Money R Help the Environment A-30 nDvaNCEDmeter Customer & Conservation Benefits ■ Advanced Meter has a 1% conservation goal aimed at reducing gas use through enhanced energy information feedback to customers. ■ The Advanced Meter network brings lasting value to residences and businesses in the form of energy and money -saving conservation benefits, improved air quality, and safe and reliable natural gas delivery. ■ With an Advanced Meter, customers are provided a variety of new tools empowering them to better manage their gas usage and costs: ■ Access to daily and hourly gas usage and cost information via the "Ways to Save" tools available through SoCalGas.com and our Mobile App ■ Weekly "Bili Tracker Alerts-' via email or text, allowing customers YFw• rlMllr.. to monitor their gas costs throughout the billing cycle and take steps to lower their usage ■ Other energy and money -saving programs SoCalGas offers to its customers that are enabled by Advanced Meter data, such as monthly energy usage reports---•- SOCalCas Bill Tracker ',. • •' ■ The Advanced Meter network provides a platform by which e;ot Dole: sss Projected Next Bill: Sag I. local water utilities could offer critical water conservation Last Month's Bill;$57 Iy tools to their customers in the future as well. Last Year. Same { Month's Bill: Z Days l& in bill cycle 17 A-31 SoCalGas nSempraEnergy utility 31 ADVANCEDmeter Information: Present= Future Analyze Usage Today. Fen V Lo: S2 f Hi - • - ....ance of precipibtion �% View Options Gaily Consumption 0 CS Prim R, Export My Advanced Vew Settings v Snow Filtars a 10 6 2 I I I I I I I I I I I , I I I I I I Nov2810am 12am 2pm 4pm bpm 10prn Nov29 2am 4am Sam Sam 10am Monthly Bill Hourly Information A-32 SoCalGas AA SeinpraEnergy utimy ADVANCEDI 1 eter Advanced Meter Radio Frequency >> Communication device is battery -powered and transmits a signal for less than 2 minutes per year >> Radio Frequency (RF) emitted is considerably less then common, everyday -living items such as laptops, cell phones, wireless routers, and handheld radios >> Advanced meters will be located in the same place of existing meter >> When transmitting, the exposure level is thousands of times lower than the general population exposure limits set by the Federal Communications Commission (FCC) Radio Frequency Emission Comparison Chart Using a laptop MdAlmUrfl expuwre computer with a wireless level operating a Talking on a internet connection microwave oven cellular phone* f8 inches from the doors OP 410)) 010 up to 5,000 up to 500,000 Reference level times morF fimpa mora SoCalGas AA,)sempraEnergy utiiry 0 OTO up to 1,000,000 timps more A-33 anvANCEDmeter Advanced Meter Radio Frequency Comparisons to Similar Wireless Tech nolog ieG SoCaIGas A A2Sempra Energy sway 3z. A-34 aDvaNCEDmeter Radio Frequency Output Compared to Source Maximum Output from an Advanced Meter Bluetooth Headset Up to 400 times more Most Electric Smart Meters Up to 500 times more Cardless Phones Up to 700 times more Baby Monitors Up to 2,400 times more Laptop computer with a wireless internet Up to 5,000 times more connection Car or plane remote controllers Up to 7,500 times more Maximum exposure level operating a microwave Up to 500,000 times more oven (8 inches from the door) Talking on a cellular phone Up to 1,000,000 times more SoCaIGas A A2Sempra Energy sway 3z. A-34 aDvaNCEDmeter Contact Information To learn more about the project, visit: socalgas.com/advanced For questions, please contact: ■ Faviola Ochoa Public Affairs Manager FaviOchoa(aD-semprautilities.com 213-808-7857 ■ Shaun Baptiste Construction Project Manager SBaptiste(cb-semprautilities.com 562-305-2977 SoCalGas a SempraEnergy uwity 35 A-35 aDvaNCEDmeter