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CC SR 20181218 03 - LA-RICS Site Access AgreementRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/18/2018 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to approve a site access agreement for an antenna monopole for the Los Angeles Regional Interoperable Communications System (LA- RICS) at Point Vicente Park/Civic Center RECOMMENDED COUNCIL ACTION: (1) Do not approve a Site Access Agreement with LA-RICS for a proposed 70-foot- tall antenna monopole at Point Vicente Park/Civic Center. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst REVIEWED BY: Gabriella Yap, Deputy City Manager APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft LA-RICS Site Access Agreement (page A-1) B. Proposed LA-RICS monopole site plans and elevations (page B-1) C. Proposed LA-RICS monopole photographic simulations (page C-1) D. Planning Commission Staff report of December 11, 2018 (page D-1) EXECUTIVE SUMMARY: The City Rancho Palos Verdes is a charter member of the Los Angeles Regional Interoperable Communications System (LA-RICS), a countywide emergency communications system providing common voice and data access for first responders and participating jurisdictions. LA-RICS has identified the need to place an antenna monopole at Point Vicente Park/Civic Center to complete its countywide network. In order to do so, the City Council must grant access to LA-RICS through execution of a site access agreement (SAA). 1 BACKGROUND AND DISCUSSION: LA-RICS Background In March 2009, the City Council executed a Joint Powers Agreement (JPA) authorizing the City’s membership in the LA-RICS Authority. LA-RICS was established to engage in a region-wide cooperative effort to plan and establish a wide-area interoperable public safety communications network. The system is intended to provide first responders with the technology to communicate, in real time, to coordinate their response during times of emergency. The system includes a network of Land Mobile Radio (LMR) sites (i.e., voice) and Public Safety Broadband Network-Long Term Evolution (LTE) sites (i.e., data). The system assumes the need to install a 70-foot-tall monopole (or equivalent) or a 180-foot-tall lattice tower (or equivalent) at each LTE and LMR site. At present, LA-RICS has identified two (2) proposed antenna sites in the City: the County “antenna farm” on Crestridge Road and Point Vicente Park/Civic Center. The County has granted LA-RICS an SAA that includes the antenna farm site. LA-RICS is currently engaged in public outreach and project designed to replace the existing antenna structure at that location with a new structure that will include LA-RICS antennae and equipment. On June 12, 2018, the City’s Planning Commission adopted a resolution finding that the proposed LA-RICS site at the antenna farm is consistent with the City’s General Plan.1. LA-RICS Antenna Site Selection at Point Vicente Park/Civic Center In March 2015, LA-RICS advised the City that it intended to install an antenna site on the 4.5-acre Coast Guard property that is surrounded by City-owned property at Point Vicente Park/Civic Center. In November 2015, the City Council considered formally opposing this proposal on the basis of the project’s impacts upon aesthetics and visual character, biological resources and historic resources. At that time, LA-RICS expressed its preference to install an antenna site on City property at Point Vicente Park/Civic Center. This was driven in part by LA-RICS’ anticipation of Federal opposition to the Coast Guard property proposal due to the project’s potential adverse impacts upon the historic WWII-era bunker. LA-RICS also had difficulty securing County-owned locations for antenna sites, particularly County fire stations. Over the past three (3) years, Staff has worked with LA-RICS to identify a suitable location and configuration for a new monopole at Point Vicente Park/Civic Center. LA- RICS would and/or could not consider co-location of its equipment on the existing commercial monopole. Staff was insistent that there would be no net increase in the number of antenna structures on the property. As such, we mutually settled on replacing the City’s existing retractable emergency communication antenna tower with a new monopole that would accommodate equipment for both LA-RICS and the City. 1 The City had no land use or zoning authority over this County-owned property. In addition, the LA-RICS project is statutorily exempt from the California Environmental Quality Act (CEQA). 2 Members of the Palos Verdes Amateur Network (PVAN), who maintain and operate the City’s current emergency communications antennae, were involved in conversations and facility design with LA-RICS so as to ensure that the relocated antennae and equipment would continue to serve the City’s needs. Staff and LA-RICS initially identified a potential monopole location near the RPVtv studio and Rancho Caninos dog park. This location seemed suitable because it was close to the existing City antenna tower and equipment and would be at least partially screened from view by existing mature trees. Ultimately, this location proved to be unsuitable due to a large amount of old, underground infrastructure in the vicinity, along with the fact that most of the screening foliage would have to be removed in order to provide the necessary lines-of-site for the LA-RICS antenna with antennae on Santa Catalina Island and in the Santa Monica Mountains. LA-RICS has now selected a location near the northwesterly corner of the City’s corporate yard, as depicted in the aerial photo below. Conceptual site plans and elevations of the 70-foot-tall monopole are provided as Attachment B. The monopole would be equipped with four (4) microwave dish antennae, additional LA-RICS antennas and ham radio antennae for PVAN. The installation would also include a 195- square-foot equipment enclosure and a dedicated emergency back-up generator. Site Access Agreement (SAA) LA-RICS has provided a proposed SAA (Attachment A) for the City Council’s review and consideration. The SAA allows LA-RICS to install the proposed monopole and equipment with a fence enclosure on the westerly side of the City’s corporate yard. The City will not be financially compensated for LA-RICS’ use of the property, but the City will be provided with the opportunity to review and approve the design of the monopole, provided such approval shall not be unreasonably conditioned, delayed or denied. The initial term of the SAA is fifteen (15) years, and there are provisions requiring LA-RICS to relocate the monopole once during the term of the agreement if necessary for the 3 future redevelopment of the civic center site. The SAA also includes provisions for the City’s emergency communications antennae to be installed on the monopole. The City Attorney’s Office and the City’s insurer, the California Joint Powers Insurance Authority (CJPIA), have reviewed and approved the SAA as to form. General Plan Consistency Review The proposed 70-foot-tall LA-RICS monopole is consistent with the statutory provisions to be exempt from CEQA review. Also, since it is not a “commercial antenna” as defined in the City’s Development Code, it is not subject to the City’s conditional use permit (CUP) process. However, LA-RICS has expressed willingness to participate in a public outreach process in order to address concerns that the surrounding community may have about this proposal. This process includes the Planning Commission’s consideration of the proposal’s consistency with the City’s General Plan, as was done earlier this year for the County antenna farm site on Crestridge Road. As a part of this review, LA-RICS has prepared photographic simulations of the proposed monopole (Attachment C). The Planning Commission’s General Plan consistency review of the monopole occurred on December 11, 2018 (Attachment D). The Staff recommendation was to find the proposed project inconsistent with the General Plan. Although Staff’s analysis concluded that the project would be consistent with the Safety Element of the General Plan, it also identified numerous instances where the proposed project was inconsistent with the Circulation, Land Use and Visual Resources elements of the General Plan, mainly related to its height, appearance and location. As of the completion of this report, the Planning Commission had not yet rendered a decision of the project’s consistency with the General Plan. Staff will provide a summary of the Planning Commission’s action as Late Correspondence. CONCLUSION: The proposed monopole at Point Vicente Park/Civic Center is among the last of the LA- RICS LMR sites to complete the SAA and land use entitlement processes. The project is largely funded by Federal grants, which require the project to be completed before the end of the 2019 calendar year. As such, LA-RICS is particularly anxious to receive the City Council’s authorization to proceed with this project as soon as possible. As discussed above, the City Attorney has reviewed and approved the SAA as to form. Staff has spent several years working with LA-RICS to try to find a mutually-acceptable design and location for the monopole at City Hall. However, as the Community Development Department argues, the proposed project raises a number of issues of concern about the project’s consistency with the City’s recently-updated General Plan. Furthermore, the location of the proposed monopole occupies a “prime” portion of the civic center site that may better serve other purposes under the City’s future Civic 4 Center Master Plan. As such, Staff does not recommend approval of the monopole at this time. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Approve a Site Access Agreement with LA-RICS. 2. Take other action as deemed appropriate. 5 LMR SITE ACCESS AGREEMENT THIS LMR SITE ACCESS AGREEMENT (“Agreement”), is made and entered into in duplicate original this day of , 2018, BY AND BETWEEN THE CITY OF RANCHO PALOS VERDES, a California municipality (“Owner”) AND THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM AUTHORITY, a Joint Powers Authority, hereinafter referred to as “LA- RICS AUTHORITY” RECITALS WHEREAS, Owner is a member of the LA-RICS Authority, which was established pursuant to a Joint Powers Agreement dated January 2009 (“JPA Agreement”) for the purpose of coordinating governmental services to establish a wide-area interoperable public safety communications network commonly known as LA-RICS; WHEREAS, Owner owns certain real property described on Exhibit A attached hereto (“Real Property”); and WHEREAS, Owner desires to license the use of a portion of the Real Property to the LA-RICS AUTHORITY for use as a Land Mobile Radio (“LMR”) communications site, including communications systems, without limitation, radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location based system, including, antenna(s), coaxial cable, base units, location based systems, and other associated equipment; and WHEREAS, the parties hereto acknowledge that: (a) LA-RICS AUTHORITY has retained Motorola Solutions, Inc. (“LMR Vendor”) to design, construct, and perform services with respect to a LMR telecommunications system as a part of the LA-RICS; ; and (b) any of the LA-RICS AUTHORITY member agencies may assume the LA-RICS AUTHORITY’s rights and obligations under this Agreement and/or may perform services with respect to LA-RICS AUTHORITY; and WHEREAS, the LA-RICS AUTHORITY is willing to accept and exercise the rights granted by this Agreement for use of a LMR site located on the Real Property in 01203.0001/524575.2 1 A-1 accordance with the terms and conditions prescribed herein. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions set forth herein, the parties agree as follows: 1. LMR SITE A. Owner hereby licenses to the LA-RICS AUTHORITY and LA-RICS AUTHORITY hereby accepts from Owner on the terms and conditions set forth herein, the use of land within a portion of the Real Property, together with all necessary space and easements for access and utilities, to install, operate, and maintain an unmanned LMR communication facility located on the Real Property as depicted in with Exhibit “A” (the “LMR Site”), attached hereto and incorporated herein by reference. B. The LA-RICS AUTHORITY acknowledges its personal inspection of the LMR Site and the surrounding area and evaluation of the extent to which the physical condition thereof will affect its operations. The LA-RICS AUTHORITY accepts the LMR Site in its as-is condition, and Owner makes no warranty, express or implied, as to: the suitability of the LMR Site or the Real Property for the LA- RICS AUTHORITY’s use; its physical condition, including the condition and stability of the soils or groundwater on or under any of the Real Property; and the presence of pollutants or contaminants therein. C. LA-RICS AUTHORITY and/or the LMR Vendor may make or construct or cause to be made or constructed additions, alterations, repairs, replacements, or other changes to the LA-RICS Facility (hereinafter defined) on the LMR Site at the LA-RICS AUTHORITY’s expense in accordance with all of the terms and conditions of this Agreement. D. LA-RICS AUTHORITY hereby acknowledges the title or other legal right of possession of the Owner or its successors in the Real Property and covenants and agrees never to assail, contest, or resist said title. Except as may be specifically provided herein, the right and permission of LA-RICS AUTHORITY is subordinate to the prior and paramount right of Owner to use the Real Property for the purposes to which it now is and may, at the option of Owner, be devoted. . E. Ownership of all improvements constructed by the LA-RICS AUTHORITY upon each and every site comprising the LMR Site and all alterations, additions, or betterments thereto shall remain with the LA-RICS AUTHORITY or other agencies as may be provided by any applicable LA-RICS grant requirements, excepting that the City Communication Equipment (as hereinafter defined) shall be the property of Owner. Subject to Section 22, the LA-RICS AUTHORITY may remove any of its own improvements to the Real Property at any time during the term of this Agreement so long as such removal does not unreasonably interfere with, or disable, the operation of City Communications Equipment, unless Owner approves otherwise in writing. The LA-RICS 01203.0001/524575.2 2 A-2 Facility and its appurtenances shall not be considered fixtures. 2. PURPOSE AND USE A. The sole purpose of this Agreement is to allow the LA-RICS AUTHORITY to use the LMR Site for the installation, operation, maintenance, and repair of a LMR facility to be used for (i) the implementation and operation of a nationwide interoperable public safety broadband LMR network, and (ii) the mounting by Owner of Owner’s police and public safety communications system, including, without limitation, radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location based system, including, antenna(s), coaxial cable, base units, location based systems, and other associated equipment (collectively, “City Communications Equipment”). B. The LA-RICS AUTHORITY (and/or its member agencies, the LMR Vendor and/or other agents): shall have the right to construct, install, repair, remove, replace, maintain, and operate the LA-RICS AUTHORITY’s LMR communications system, which typically consists of, without limitation, the infrastructure, shelters, equipment, and related improvements listed on Exhibit B (Equipment List) attached hereto and incorporated herein by this reference (such LMR system, and associated infrastructure, shelters, equipment and related improvements, collectively, the “LA-RICS Facility”) and other related materials as may be deemed necessary by the LA-RICS AUTHORITY, and shall be allowed access over, through and across each site comprising the Real Property for ingress to and egress from the applicable LMR Site during regular business hours, Monday through Friday, upon not less than twenty-four (24) hours prior written notice to the Owner (except in an emergency including: (i) pursuant to Section 14 hereof; or (ii) equipment related malfunctions), the LMR Site shall be used only for the purposes authorized by this Section 2, and such other purposes as are directly related thereto, and for no other purposes whatsoever (collectively the “Permitted Activities”). C. The LA-RICS AUTHORITY shall ensure that all usage of the LMR Site and/or the Real Property hereunder, including without limitation usage by the LMR Vendor, is in compliance with all terms and conditions of this Agreement. D. Nothing contained in this Agreement shall be deemed or construed in any way to limit the Owner’s authority to exercise any right or power concerning the utilization of the Real Property including without limitation the LMR Site; provided, however, that such Owner authority shall not include the exercise of any right or power that would unreasonably interfere with the LA-RICS Facility. 3. APPROVALS/DESIGN REVIEW A. The LA-RICS AUTHORITY shall furnish and submit to Owner copies of project plans and specifications in such detail as may be reasonably requested by Owner 01203.0001/524575.2 3 A-3 (along with any other information reasonably requested by Owner, including an entitlement application pursuant to Chapter 12.18 of the Rancho Palos Verdes Municipal Code (Wireless Telecommunications Facilities in the Public Right-of-Way)) for the LMR Site at the 50%, 75%, and 100% stages of design development, for Owner’s review and approval, which approval shall not be unreasonably conditioned, delayed or denied. LA- RICS AUTHORITY agrees to discuss with Owner the Owner’s concerns, if any, regarding the proposed plans and to work in good faith to address such concerns and obtain Owner approval prior to implementation of said plans. Owner agrees that it will approve or deny approval of all plans and specifications within 10 business days of receipt of said plans and specifications or said plans and specifications shall be deemed approved. B. Conceptual site plans for the LMR Site are identified in Exhibit C. Upon the LA-RICS AUTHORITY’s and Owner’s approval of the final site plan for the LMR Site, such final site plan will be deemed incorporated herein by reference as an update to Exhibit C. LA RICS AUTHORITY agrees to install the LA RICS Facility, cables, wires, utilities, or other devices or apparatus underground where feasible. LA-RICS AUTHORITY shall provide Owner with a notice of work commencement and an estimated time of completion for the LMR Site. Any and all work on the Real Property conducted by LA-RICS AUTHORITY shall be subject to Owner’s prior approval pursuant to Chapter 12.18 of the Rancho Palos Verdes Municipal Code (Wireless Telecommunications Facilities in the Public Right-of-Way). Notwithstanding anything to the contrary in this Agreement, Owner reserves all its governmental authority and discretion to consider, approve, conditionally approve or deny any and all required land use entitlements as required by the Rancho Palos Verdes Municipal Code. C. Owner and the LA-RICS AUTHORITY acknowledge that the LA-RICS AUTHORITY is a California joint powers authority whose members have specified, pursuant to Section 4.04 of its Joint Powers Agreement and Section 6509 of the California Government Code, that all common powers exercised by the LA-RICS AUTHORITY’s Board of Directors shall be exercised in a manner consistent with, and subject to all the restrictions and limitations upon the exercise of such powers, as are applicable to the County of Los Angeles (“County”) (i.e., the LA-RICS AUTHORITY has adopted the County’s operating mode). Accordingly, Owner and the LA-RICS AUTHORITY agree that the LA-RICS AUTHORITY (i) will comply with Owner’s Building Code requirements, and (ii) will seek only those governmental approvals that would normally apply to the County, other than with respect to ministerial permits as described below. Notwithstanding the foregoing, the parties agree that their cooperation in addressing any concerns raised by the Owner is essential to the success of the LA-RICS project and that accordingly all such concerns will be taken into account throughout the LMR Site plan approval process, as described in this Section 3. D. Notwithstanding any other provision of this Agreement, the parties acknowledge and agree that the LA-RICS Facility shall be processed in accordance with the application, review and permitting procedures and standards set forth in Chapter 12.18 of the Rancho Palos Verdes Municipal Code (Wireless Telecommunications Facilities in the Public Right-of-Way), and LA-RICS AUTHORITY shall not commence any 01203.0001/524575.2 4 A-4 construction activities on the Real Property until the LA-RICS Facility has been approved in accordance with that Ordinance. For all approvals required by this Agreement, and should ministerial permits be required, Owner shall process such permits within its jurisdiction and shall expedite such processing to the extent reasonably possible. E. The LA-RICS AUTHORITY may perform and obtain, at the LA-RICS AUTHORITY’s sole cost and expense, soil borings, percolation tests, engineering reports, environmental investigations or other tests or reports on, over, and under each LMR Site to the extent necessary to proceed with design, construction, or for compliance with the California Environmental Quality Act and/or the National Environmental Policy Act, and/or to determine if the LA-RICS AUTHORITY’s use of the LMR Site will be compatible with the LA-RICS AUTHORITY’s engineering specifications and design and operational requirements. Owner shall work cooperatively with the LA-RICS AUTHORITY to complete review of any project plans and specifications, so as not to delay the design and construction of the LA-RICS Facility. During any inspection activities or pre-construction work, LA-RICS AUTHORITY shall have insurance, in accordance with the terms of this Agreement, which covers such activities. LA-RICS AUTHORITY will notify Owner and obtain prior approval of any proposed tests, measurements or pre-construction work and will coordinate the scheduling of such activities with Owner. LA-RICS AUTHORITY shall be liable for any and all damage to the Real Property to the extent caused by any inspection or pre- construction activities. 4. TERM The initial term of this Agreement (the "Initial Term") will commence on the Commencement Date and will automatically expire fifteen (15) years from the Commencement Date unless earlier terminated in accordance with the terms of this Agreement. After the Initial Term expires, this Agreement will automatically renew for three (3) additional 5-year terms (each a "Renewal Term") unless LA-RICS AUTHORITY is in default, at the time the Initial Term or any Renewal Term, subject to applicable cure periods as defined in Section 27. If LA-RICS AUTHORITY is in default, at the time of expiration of the Initial Term or any Renewal Term, as applicable, subject to applicable cure periods as defined in Section 27, this Agreement will not be renewed and will terminate effective as of the expiration of the Initial Term or applicable Renewal Term. In addition, this Agreement will not be renewed and will terminate on the date of expiration of the Initial Term or applicable Renewal Term if either party notifies the other party that the notifying party does not intend to renew this Agreement within one-hundred and eighty (180) calendar days before the Initial Term or Renewal Term, if any, expires. The Initial Term and any applicable Renewal Term(s) are hereinafter referred to as the "Term." Upon termination of the Agreement as described in this Section 4, the parties shall have no further obligations to each other except only those obligations that accrued prior to such termination and those obligations that expressly survive the termination of this Agreement. 5. CONSIDERATION 01203.0001/524575.2 5 A-5 The consideration for the use granted herein shall be LA RICS AUTHORITY’s compliance with all of the terms and conditions of this Agreement. 6. CONDITIONS PRECEDENT TO INSTALLATION OR ALTERATION OF EQUIPMENT Owner shall have the opportunity to review and approve all project plans and specifications for the LA-RICS AUTHORITY’s proposed alteration of the equipment comprising the LA-RICS Facility (not including “like-kind” replacements) after LA-RICS AUTHORITY’s initial installation of the LA-RICS Facility on the LMR Site. Facility alterations shall be processed in accordance with Chapter 12.18 of the Rancho Palos Verdes Municipal Code (Wireless Telecommunications Facilities in the Public Right-of- Way) where applicable. In addition, Owner shall have the right to inspect the equipment and the LMR Site at any time during and after installation with the right to require (after providing at least 48 hours’ advance notice) an LA-RICS AUTHORITY representative to accompany Owner during any inspection of or access to the LMR Site. The LA-RICS AUTHORITY shall not commence installation of equipment or alteration of the LMR Site, or any portion thereof, until the Owner has reviewed and approved the plans and specifications in accordance with all of the terms and conditions of this Agreement, including without limitation Sections 3 and 8 hereof. Owner’s review and approval of the plans shall not release the LA-RICS AUTHORITY from the responsibility for, or the correction of, any errors, omissions or other mistakes that may be contained in the plans and specifications or from any liability, claims, losses or damages arising from the design of the LA-RICS Facility. The LA-RICS AUTHORITY shall be responsible for notifying Owner and all other relevant parties in writing immediately upon discovery of such omissions and/or errors. The LA-RICS AUTHORITY shall not cause or permit any change of any equipment installed by the LA-RICS AUTHORITY on the LMR Site including power outputs or changes in the use of frequencies described in Exhibit B hereto (Equipment List), but not including “like-kind” replacements, except after Owner’s review and approval, of plans and specifications, which approval shall not be unreasonably conditioned, delayed or denied. 7. INSTALLATION AND OPERATION A. All of LA-RICS AUTHORITY’s construction and installation work at the Real Property shall be performed at LA-RICS AUTHORITY’s sole cost and expense and in a good and workmanlike manner. LA RICS AUTHORITY shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances, and shall discharge or bond any mechanic’s lien filed or recorded. LA-RICS AUTHORITY shall install and operate the LA-RICS Facility at its own expense and risk as approved by Owner in accordance with the terms hereof, and such installation and operation shall not cause radio frequency interference with equipment, transmission or reception (operated currently or in the future) by the Owner. LA-RICS AUTHORITY and/or its agent shall install and maintain interference protection devices such as isolators, cavities, circulators, 01203.0001/524575.2 6 A-6 or combiners as required or recommended by accepted industry practices. Each component of the LA-RICS Facility shall be clearly identified with LA- RICS AUTHORITY’s and, as applicable, member agency, First Net Party’s and/or LMR Vendor’s name, address, telephone number, Federal Communications Commission (“FCC”) license and frequencies in use, excepting that the City Communications Equipment shall be identified under Owner’s name, contact information and licensing. Such identification shall be attached to each component of the LA-RICS Facility in plain view. B. LA-RICS AUTHORITY agrees that Owner may grant the use of any unused portion of the Real Property to any third party for the purpose of installing communications transmitting equipment, so long as such uses do not unreasonably conflict or interfere with LA-RICS AUTHORITY’s operations pursuant to this Agreement. Any third party granted rights by the Owner shall be required to comply with all applicable noninterference rules of the FCC. C. Owner reserves the right, at its expense, to install on the Real Property, including without limitation within the LMR Site, its own communications shelter, telecommunication equipment, and appropriate tower space for telecommunications and/or microwave (collectively, the “Owner Facilities”) so long as the installation of any Owner Facilities does not unreasonably interfere with LA-RICS AUTHORITY’s operations. LA-RICS AUTHORITY and Owner agree to make commercially reasonable efforts to resolve any radio frequency interference issues with equipment, transmission or reception caused by the installation of the Owner Facilities. D. LA-RICS AUTHORITY shall have the right to finance and construct approved equipment and related improvements on the LMR Site at LA-RICS AUTHORITY’s sole cost and expense, except as may be provided otherwise by other agreements. Following the construction and installation of LA-RICS AUTHORITY’s infrastructure, shelter, equipment, and related improvements, LA-RICS AUTHORITY may thereafter, at its sole cost and expense, perform construction, maintenance, repairs, additions to, and replacements of its equipment as necessary and appropriate for its ongoing business and has the right to do all work necessary to prepare, modify, and maintain the LMR Site to accommodate LA-RICS AUTHORITY’s infrastructure, shelter, equipment, and related improvements and as required for LA-RICS AUTHORITY’s operations of the LA-RICS Facility at the LMR Site, including any structural upgrades required to accommodate LA-RICS AUTHORITY’s infrastructure, shelter, equipment, and related improvements on the LMR Site. E. Upon completion of the installation of the equipment comprising the LA- RICS Facility at the LMR Site, LA-RICS AUTHORITY shall provide Owner with a time of completion notice and as-built drawings of the LA-RICS Facility (“As-Builts”). Such As- Builts shall include the location of any of LA-RICS AUTHORITY shelters, cabinets, grounding rings, cables, and utility lines associated with LA-RICS AUTHORITY use of the LMR Site in PDF formats. Upon receipt of the As-Builts by LA-RICS AUTHORITY, the 01203.0001/524575.2 7 A-7 As-Builts shall be deemed incorporated herein by reference as updates to Exhibit C (Site Plan).. F. Construction of the LA-RICS Facility shall commence and be completed in accordance with that Schedule of Performance attached hereto at Exhibit D. Once construction is commenced, it shall be diligently pursued to completion, and shall not be abandoned for more than thirty (30) consecutive days, except when due to an event of force majeure. Owner’s City Manager shall have the authority to extend the time periods set forth in Exhibit D, except that extensions of time resulting in a cumulative delay of more than 180 days shall require authorization by the City Council. 8. ALTERATIONS LA-RICS Facility alterations shall be processed in accordance with Chapter 12.18 of the Rancho Palos Verdes Municipal Code (Wireless Telecommunications Facilities in the Public Right-of-Way) where applicable. LA RICS AUTHORITY shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances, and shall discharge or bond any mechanic’s lien filed or recorded. LA-RICS AUTHORITY shall make no renovations, alterations, or improvements to the LMR Site or the Real Property other than to install, maintain, replace, and operate the LA-RICS Facility in accordance with the documentation attached hereto as Exhibits A, B, C and D and/or as permitted elsewhere herein, without providing prior written notice to Owner, and obtaining Owner approval, provided that such renovations, alterations, or improvements shall be consistent with the authorized use set forth in Section 2.B hereof and such approval shall not be unreasonably delayed, conditioned or withheld. Notwithstanding the foregoing, however, it is understood and agreed that LA-RICS AUTHORITY shall have the right to make repairs and replacements: (a) of “like-kind” infrastructure, shelters, equipment, and/or related improvements without providing notice to, or obtaining approval from the Owner, or (b) that may be required as a result of FCC rules or regulations, after providing written notice to the Owner. LA-RICS AUTHORITY agrees: (i) to submit to the Owner, for review and approval, all plans and specifications, working drawings, and other information reasonably required by the Owner covering proposed alterations by LA-RICS AUTHORITY, (ii) to discuss with Owner the Owner’s concerns, if any, regarding the proposed alterations, and (iii) to work in good faith to address such concerns. All work to be done by LA-RICS AUTHORITY shall be performed in accordance with the plans provided to, and approved by Owner and shall be subject to inspection by Owner’s City Building Inspector. 9. MAINTENANCE A. Owner shall be responsible for maintenance of the Real Property, including the LMR Site, and such maintenance responsibility shall include general upkeep, landscaping, lawn-mowing, and related maintenance activities; provided, however, that Owner shall not be required to maintain the LA-RICS Facilities or to clean up any materials (including hazardous materials) brought onto the Real Property by LA- RICS 01203.0001/524575.2 8 A-8 AUTHORITY, its employees, agents or business vendors, including without limitation the LMR Vendor (“LA-RICS AUTHORITY and AGENTS”). The LMR Site shall be kept neat and clean by LA-RICS AUTHORITY and ready for normal use by Owner. LA-RICS AUTHORITY shall be responsible for the removal and disposal of all materials brought onto the Real Property by LA-RICS AUTHORITY and AGENTS. Should LA-RICS AUTHORITY fail to accomplish this, following 30 days written notice from Owner, Owner may perform the work and LA-RICS AUTHORITY shall pay the cost thereof upon written demand by Owner. B. LA RICS AUTHORITY shall maintain the LA RICS Facility and the LMR Site in neat and safe condition in compliance with all applicable codes and governmental regulations. LA RICS AUTHORITY shall, at LA RICS AUTHORITY’s expense, keep and maintain the LA RICS Facility now or hereafter located on the Real Property in commercially reasonable condition and repair during the term of this Agreement, normal wear and tear excepted. In the event that LA RICS Facility falls into disrepair, LA-RICS AUTHORITY shall repair or take other required actions within thirty (30) days of written notice from Owner. LA-RICS AUTHORITY, at its own cost and expense, shall be responsible for the timely repair of all damage or losses to the LA RICS Facility, LMR Site or the Real Property to the extent caused by LA-RICS AUTHORITY or its AGENTS LA- RICS AUTHORITY shall have thirty (30) days in which to make repairs, provided that LA- RICS AUTHORITY shall have such extended period beyond thirty (30) days as may be required if the nature of the repair is such that it reasonably requires more than thirty (30) days and LA-RICS AUTHORITY has commenced the repair within the 30-day period and has acted with reasonable diligence in commencing and pursuing such repair to completion. Should LA- RICS AUTHORITY fail to make such repairs, and diligently prosecute such repairs to completion, Owner may have repairs made and LA-RICS AUTHORITY shall reimburse all costs and expenses thereof within thirty (30) days of LA- RICS AUTHORITY’s receipt of written demand by Owner. LA RICS AUTHORITY shall repair in good workman-like manner and/or otherwise be responsible for any and all damage to the extent caused by LA RICS AUTHORITY to the Real Property. LA RICS AUTHORITY agrees to conduct all activity so as not to unreasonably disturb residents or unreasonably interfere with Owner’s use of the Real Property. 10. CONSTRUCTION STANDARDS A. Installation and maintenance of LA-RICS AUTHORITY’s equipment including without limitation the LA-RICS Facility shall be performed in a neat and workmanlike manner and shall at all times comply in all respects to the statutes, laws, ordinances and regulations of any governmental authority having jurisdiction which are applicable to the installation, construction, operation and maintenance of LA-RICS AUTHORITY’s equipment, including but not limited to the Owner’s City Building Code. B. LA-RICS AUTHORITY shall remove any debris to the extent resulting from maintenance, operation, and construction on the LMR Site by LA-RICS AUTHORITY or its AGENTS. In the event that LA-RICS AUTHORITY fails to remove such debris from the 01203.0001/524575.2 9 A-9 LMR Site, Owner shall provide written notice to LA-RICS AUTHORITY and allow LA-RICS AUTHORITY ten (10) business days after receipt of notice to remove such debris. After the expiration of such ten-business day period, Owner shall cause such debris to be removed and invoice LA-RICS AUTHORITY for the cost of said removal, which invoice shall be paid by LA-RICS AUTHORITY within thirty (30) days of receipt. 11. OTHER OPERATIONAL RESPONSIBILITIES As applicable, LA-RICS AUTHORITY shall, or shall cause its AGENTS, to: i. Comply with and abide by all applicable law and City regulations, and directions of Owner to ensure compliance and to ensure health and safety. ii. At all times hold a valid FCC license for the Permitted Activities and comply with all applicable City and County ordinances and all State and Federal laws, and, in the course thereof, obtain and keep in effect all required permits and licenses required to engage in the Permitted Activities on the LMR Site. iii. Conduct the Permitted Activities in a courteous and non-profane manner, operate without interfering with the use of the Real Property by Owner or the public, except as herein permitted, and remove any agent, invitee, or employee who fails to conduct Permitted Activities in the manner heretofore described. iv. Assume the risk of loss, damage or destruction to the LA-RICS Facility and any and all fixtures and personal property belonging to LA-RICS AUTHORITY that are installed or placed within the LMR Site, unless such loss, damage or destruction was caused by the negligent or willful act or omission of the Owner, its agents, employees or contractors. 12. RELOCATION A. Owner shall have the right to request relocation of the LA-RICS Facility or any portion thereof on no more than one occasion during the term hereof to another location on the Real Property (“Alternate Site”), provided: i. The Alternate Site: (i) is substantially similar to LA-RICS AUTHORITY’s current LMR Site in size, (ii) is compatible with LA- RICS AUTHORITY’s use pursuant to Section 2 hereof, and (iii) does not materially interfere with any portion of the LA-RICS Facility or the LA-RICS system or equipment; ii. Owner shall pay all reasonable and necessary costs incurred by LA- 01203.0001/524575.2 10 A-10 RICS AUTHORITY for relocation of LA-RICS AUTHORITY’s equipment from the LMR Site to the Alternate Site and any improvement of the Alternate Site to make it substantially similar to the LMR Site, including all costs incurred to obtain all of the certificates, permits, and other approvals that may be required by any agency having jurisdiction, including costs required to comply with CEQA and the National Environmental Policy Act (NEPA), as applicable, prior to any activity at an Alternate Site that would constitute a “project” as that term is defined in Title 14, Section 15378 of the California Code of Regulations, as well as any soil boring tests needed to permit LA-RICS AUTHORITY’s use of the Alternate Site; iii. Owner shall give LA-RICS AUTHORITY at least six (6) months written notice before requiring relocation; and iv. LA-RICS AUTHORITY’s use pursuant hereto will not be materially interrupted by Owner and LA-RICS AUTHORITY shall be allowed, if necessary, to place temporary equipment on the Real Property during the relocation. B. LA-RICS AUTHORITY shall have the right to request relocation of the LA- RICS Facility or any portion thereof to an Alternate Site on the Real Property on more than one occasion, provided that: i. The Alternate Site: (i) is substantially similar to LA-RICS AUTHORITY’s current LMR Site in size, and (ii) is compatible with LA-RICS AUTHORITY’s use pursuant to Section 2 hereof; ii. LA-RICS AUTHORITY shall pay all costs relating to relocation of LA- RICS AUTHORITY’s equipment from the LMR Site to the Alternate Site and any improvement of the Alternate Site to make it substantially similar to the LMR Site, including all costs incurred to obtain all of the certificates, permits, and other approvals that may be required by any agency having jurisdiction, including costs required to comply with CEQA and the National Environmental Policy Act (NEPA), as applicable, prior to any activity at an Alternate Site that would constitute a “project” as that term is defined in Title 14, Section 15378 of the California Code of Regulations, as well as any soil boring tests needed to permit LA- RICS AUTHORITY’s use of the Alternate Site; iii. LA-RICS AUTHORITY shall give Owner at least six (6) months written notice of the requested relocation; provided, however, that such requested relocation shall be subject to the approval of Owner, with such approval not to be unreasonably withheld. 01203.0001/524575.2 11 A-11 C. Upon any relocation of LA-RICS AUTHORITY’S equipment pursuant to this Section, LA-RICS AUTHORITY shall return the former location of said equipment to a neat and clean condition that is substantially similar to, to the extent reasonably possible, its original condition prior to LA-RICS AUTHORITY’s entry thereto, including the removing all equipment and debris, and the replacement of landscaping. The costs of such restoration of the former equipment location shall be born in accordance with Section 12.A or 12.B, as applicable. 13. ACCESS TO LMR SITE A. Owner hereby grants to the LA-RICS AUTHORITY and its AGENTS a nonexclusive right to use, at their sole risk, during the term of this Agreement, the access which serves the LMR Site (“Access”), provided, that all use of the Access is subject to any safety and security requirements and conditions Owner may reasonably impose with respect to the LMR Site, including, but not limited to, (i) requiring coordination on the time and manner of the Access and (ii) not allowing Access to LA-RICS AUTHORITY as to certain portions of the Real Property, which portions are described/depicted at Exhibit A-2 (Not a Part Areas) and are not required for the installation, operation and maintenance of the LA-RICS Facility or other Permitted Activities. The LA-RICS AUTHORITY, on behalf of itself and its member agencies and the LMR Vendor, acknowledge and accept (a) the safety and security conditions as described in the provision of the preceding sentence and agree to comply with all such conditions, and (b) the present condition of the Access on an “as is” basis. The LA-RICS AUTHORITY shall provide Owner with notice of all of its representatives or agents who are authorized to access the LMR Site pursuant to this Section. LA-RICS AUTHORITY shall document the condition of the Access prior to the execution of this Agreement by means of photographs to be provided to Owner at LA-RICS AUTHORITY’s cost. B. LA-RICS AUTHORITY acknowledges and agrees that occasions may arise requiring the LA-RICS AUTHORITY to share in the cost of cleaning up of mud- slide debris and repairing the Access to its original accessible condition after a storm, heavy rainfall, earthquake, fire or other event not within the reasonable control of the Owner. LA-RICS AUTHORITY hereby agrees to pay its reasonable proportionate share of such clean-up repair costs within thirty (30) days of receipt of an invoice from Owner, and acknowledges and agrees that the details of any such clean-up or repair and associated cost may be disclosed to LA- RICS AUTHORITY by Owner upon at least thirty (30) days notice. 14. EMERGENCY ACCESS BY OWNER The Owner and its authorized agents may access the LMR Site at any time for the purpose of (a) performing maintenance, inspection, and/or for making emergency improvements or repairs to the LMR Site, or (b) to interrupt or terminate LA-RICS AUTHORITY’s transmission(s) from the LMR Site, should LA-RICS AUTHORITY be 01203.0001/524575.2 12 A-12 unable or unwilling to respond to Owner’s request to take immediate action to correct any deficiency or nuisance condition that threatens Owner’s operation on the LMR Site or Real Property, or poses a threat to the public health or safety; provided that Owner shall endeavor to provide a 24-hour prior notice to LA-RICS AUTHORITY and shall access the LMR Site in the presence, if possible, of an LA-RICS AUTHORITY representative, if provided by LA-RICS AUTHORITY. Notwithstanding the foregoing, Owner shall not be required to provide notice to LA-RICS AUTHORITY prior to entering the LMR Site due to an emergency or imminent threat to the public health or safety; provided, however, that under no circumstance shall the Owner access LA-RICS AUTHORITY’s equipment cabinets. Owner shall use its best efforts to minimize any inconvenience or disturbance to LA-RICS AUTHORITY when entering the LMR Site. LA-RICS AUTHORITY shall reimburse Owner within thirty (30) days of receipt of Owner’s written request for Owner’s actual costs to correct any deficiency or nuisance condition that is corrected by Owner pursuant to this Section. 15. RADIO FREQUENCY EMISSIONS/INTERFERENCE A. No Interference. LA-RICS AUTHORITY shall not use the LMR Site, including the LA-RICS Facility, in any way which causes radio frequency (“RF”) interference in excess of levels permitted by the FCC or otherwise interferes with the use of the Real Property by Owner or Owner’s agents, invitees, or other licensees or users who may occupy portions of the Real Property at the time this Agreement is entered into. LA-RICS AUTHORITY shall be responsible for electromagnetic compatibility of LA-RICS AUTHORITY’s equipment with existing and future equipment at the Real Property. B. Interference With Public Safety Systems. In the event of any interference with Owner’s properly operating, Police or Fire Department, or any future public safety- related systems, which is caused by LA-RICS AUTHORITY’s equipment or operations, LA-RICS AUTHORITY shall be immediately notified by Owner of such interference. Following such notification, LA-RICS AUTHORITY shall promptly cease operations of the LA-RICS Facility until such interference is resolved. C. Interference With Non-Public Safety Systems. LA-RICS AUTHORITY shall comply with all non-interference rules of the FCC. LA-RICS AUTHORITY shall not use the LMR Site in any way which interferes with the use of the Real Property by Owner, or any of its employees, invitees, agents, tenants, lessees, or licensees. Nor shall LA- RICS AUTHORITY or any of its AGENTS’ use of the LMR Site interfere with Owner’s properly operating communications configurations, frequencies, or operating equipment, or any other utility which exists on the Real Property as of the date of this Agreement. Upon written notice from Owner of apparent interference by LA-RICS AUTHORITY with pre-existing facilities, LA-RICS AUTHORITY shall have the responsibility to promptly terminate such interference or demonstrate to Owner with competent information that the apparent interference in fact is not caused by LA-RICS AUTHORITY’s Facility or operations. Upon written notice from LA-RICS AUTHORITY of apparent interference by Owner or its agents, Owner shall have the responsibility to promptly notify the offending party and request termination of such interference or demonstrate to LA-RICS AUTHORITY with competent information that the apparent interference in fact is not 01203.0001/524575.2 13 A-13 caused by Owner’s or its agents’ facilities or operations. In the event any such interference does not cease promptly, and the parties agree that continuing interference will cause irreparable injury, they therefore shall have the right to bring a court action to enjoin such interference or to terminate this Agreement in accordance with the notice and cure provisions provided for a default. D. Interference During Emergency. If any measurable interference caused by LA-RICS AUTHORITY’s equipment with Owner’s electronic equipment during an emergency incident occurs, the LA-RICS AUTHORITY will immediately cease operation, transmission, or further use of LA-RICS AUTHORITY’s equipment until such time as the emergency incident or interference has ended, but LA-RICS AUTHORITY shall be permitted to power up its equipment for intermittent testing with written notice to Owner. E. Compliance With Law. LA-RICS AUTHORITY is aware of its obligation to comply with all applicable rules and regulations of the FCC pertaining to RF emissions standards, as well as applicable rules and/or regulations of any other federal or state agency (including without limitation the Occupational Safety and Health Administration (“OSHA”) having jurisdiction over the installation, operation, maintenance, and/or working conditions involving RF emissions and/or safety and work standards performed on or near communications towers and antenna-licensed premises. LA-RICS AUTHORITY agrees to be solely responsible for compliance with all applicable FCC and other governmental requirements with respect to installation, operation, and maintenance of its own equipment, and for repairs to its own equipment at the LMR Site. LA-RICS AUTHORITY will immediately remedy its operations to comply with such applicable laws, rules and regulations as they apply to its operations, individually and in the aggregate, with all applicable FCC and other applicable governmental RF emissions standards, but shall only be liable for any violations of such applicable standards to the extent arising from, or attributable to, LA-RICS AUTHORITY’s equipment. Where LA-RICS AUTHORITY’s equipment, in combination with others, exceeds or violates such standards, LA-RICS AUTHORITY shall undertake immediate action with other relevant parties to mitigate and remedy such violations in a timely manner. 16. UTILITIES LA-RICS AUTHORITY shall, at its sole cost and expense, cause the installation of any utility service line, together with any ancillary facilities, required by or for the conduct of the Permitted Activities, and shall be responsible for the payment of all utilities necessary for the operation of the LA-RICS Facility on the LMR Site. LA-RICS AUTHORITY shall, wherever practicable, install separate meters for utilities used on the Real Property by LA-RICS AUTHORITY. If such installation is not feasible, as determined by Owner, LA-RICS AUTHORITY acknowledges and agrees that LA-RICS AUTHORITY nonetheless shall be responsible for any and all costs of utilities used by LA- RICS AUTHORITY, which costs will be invoiced by Owner and paid by LA-RICS AUTHORITY within thirty (30) days of its receipt of such invoice. In no event shall Owner be liable to LA-RICS AUTHORITY for any power interruption, change in quality or failure of the supply of electricity or any other utility used by LA-RICS AUTHORITY. 01203.0001/524575.2 14 A-14 17. HOLD HARMLESS AND INDEMNIFICATION A. LA-RICS AUTHORITY agrees to indemnify, defend, save and hold harmless Owner and its agents, elected and appointed officers, and employees from and against any and all liability, cost, loss, expense (including, without limitation, defense costs, legal fees, and claims for damages of any nature whatsoever, including, without limitation, bodily injury, death, personal injury, or property damage arising from or connected with LA-RICS AUTHORITY’s operations or its services hereunder, or any exercise of rights or performance of any obligations hereunder by LA-RICS AUTHORITY or AGENTS and any member agency or agencies, including, without limitation, any Workers’ Compensation suit, liability, or expense, arising from or connected with services performed on behalf of LA-RICS AUTHORITY by any person pursuant to this Agreement including without limitation the LMR Vendor. LA-RICS AUTHORITY is aware of the laws of the State governing the payment of prevailing wages on public projects (California Labor Code Section 1720) and will comply with same to the extent applicable and will indemnify City in the event LA-RICS AUTHORITY fails to do so. B. Owner agrees to indemnify, defend, save and hold harmless LA-RICS AUTHORITY and its member agencies, agents, elected and appointed officers, employees, and contractors from and against any and all liability, expense (including, without limitation, defense costs and legal fees), and claims for damages of any nature whatsoever, including, without limitation, bodily injury, death, personal injury, or property damage arising from or connected with the negligence or willful misconduct of Owner and/or its agents, elected and appointed officers, employees, and contractors in connection with the performance of Owner’s obligations hereunder. C. The indemnity obligations in this Section 17 shall survive the termination or expiration of this Agreement. 18. INSURANCE A. Without limiting LA-RICS AUTHORITY’s obligations to Owner, LA-RICS AUTHORITY or its agents or contractors and its subcontractors shall provide and maintain, at their own expense during the term of this Agreement, the following program(s) of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the Owner’s Risk Manager, and evidence of such programs satisfactory to the Owner Risk Manager, shall be delivered to the Owner’s City Manager, on or before the effective date of this Agreement. Such evidence shall name LA-RICS site lessors and licensors as an additional insured. LA-RICS AUTHORITY may self-insure the insurance required under this Agreement, but LA-RICS AUTHORITY will require its contractors and subcontractors to provide commercial insurance as required in the Section, and any additional insurance required by LA-RICS AUTHORITY of its contractor(s)/subcontractor(s), shall name the LA-RICS site lessors and licensors as an additional insured. (1) General Liability. A program of insurance which shall be primary to and not contributing with any other insurance maintained by Owner, written on 01203.0001/524575.2 15 A-15 ISO policy form CG 00 01 or its equivalent, and endorsed to name the Owner as an additional insured, and shall include, but not be limited to: Comprehensive general liability insurance endorsed for Site- operations, products/completed operations, contractual, broad form property damage, and personal injury with a limit of not less than General Aggregate: $2,000,000 Products/Completed Operations Aggregate: $2,000,000 Personal and Advertising Injury: $1,000,000 Per occurrence $1,000,000 (2) Automobile Liability insurance (written on ISO form CA 00 01 or its equivalent) with a limit of liability of not less than $1,000,000 for each accident, and providing coverage for all “owned,” “hired” and “non-owned” vehicles, or coverage for “any auto,” used in LA-RICS AUTHORITY’s business operations. (3) Workers Compensation. A program of workers’ compensation insurance in an amount and form to meet all applicable requirements of the labor code of the State of California, and which specifically covers all persons providing services on behalf of LA-RICS AUTHORITY and all risks to such persons under the Agreement. Each Accident: $1,000,000 Disease - policy limit: $1,000,000 Disease - each employee: $1,000,000 (4) Commercial Property Insurance. Such coverage shall: • Provide coverage for Owner’s property, and any improvements and betterments; This coverage shall be at least as broad as that provided by the Causes-of-Loss Special Form (ISO form CP 10 30), Ordinance or Law Coverage, flood, and Business Interruption equal to two (2) years annual rent; • Be written for the full replacement cost of the property, with a deductible no greater than $250,000 or 5% of the property value whichever is less. Insurance proceeds shall be payable to the Owner and LA-RICS AUTHORITY as their interests may appear and be utilized for repair and restoration of the Premises. Failure to use such insurance proceeds to timely repair and restore the Premises shall constitute a material breach of the Agreement. (5) Construction Insurance. If major construction work is performed by LA- RICS AUTHORITY during the term of this Lease (i.e. demolition of structures, construction of new structures, renovation or retrofit involving structures frame, foundation or supports, or more than 50% of building, etc.) then LA-RICS AUTHORITY or LA-RICS AUTHORITY’s contractor shall provide the following insurance. Owner shall determine the coverage limits required on a project by project basis: 01203.0001/524575.2 16 A-16 • Builder’s Risk Course of Construction Insurance. Such coverage shall insure against damage from perils covered by the Causes-of- Loss Special Form (ISO form CP 10 30). This insurance shall be endorsed to include earthquake, flood, ordinance or law coverage, coverage for temporary offsite storage, debris removal, pollutant cleanup and removal, testing, preservation of property, excavation costs, landscaping, shrubs and plants, and full collapse coverage during construction, without restricting collapse coverage to specified perils. Such insurance shall be extended to include boiler & machinery coverage for air conditioning, heating and other equipment during testing. This insurance shall be written on a completed-value basis and cover the entire value of the construction project, including Owner furnished materials and equipment, against loss or damage until completion and acceptance by the LA-RICS AUTHORITY and the Owner if required. • General Liability Insurance. Such coverage shall be written on ISO policy form CG 00 01 or its equivalent, naming Owner as an additional insured, with limits of not less than General Aggregate: $50,000,000 Products/Completed Operations Aggregate: $50,000,000 Personal and Advertising Injury: $25,000,000 Each Occurrence: $25,000,000 The Products/Completed Operations coverage shall continue to be maintained in the amount indicated above for at least two years from the date the Project is completed and accepted by the LA- RICS AUTHORITY and the Owner if required. • Automobile Liability. such coverage shall be written on ISO policy form CA 00 01 or its equivalent with limits of not less than $5,000,000 for bodily injury and property damage, in combined or equivalent split limits, for each single accident. Such insurance shall cover liability arising out of LA-RICS AUTHORITY’s or LA-RICS AUTHORITY’s contractor use of autos pursuant to this lease, including owned, leased, hired, and/or non-owned autos, as each may be applicable. • Professional Liability. Such insurance shall cover liability arising from any error, omission, negligent, or wrongful act of the LA-RICS AUTHORITY’s contractor and/or licensed professional (i.e. architects, engineers, surveyors, etc.) with limits of not less than $5,000,000 per claim, and $5,000,000 aggregate. The coverage shall also provide an extended two-year reporting period commencing upon expiration, termination or cancellation of the construction project. • Workers Compensation and Employers’ Liability Insurance or 01203.0001/524575.2 17 A-17 qualified self-insurance satisfying statutory requirements. Such coverage shall provide Employers’ Liability coverage with limits of not less than $1,000,000 per accident. Such policy shall be endorsed to waive subrogation against the Owner for injury to the LA-RICS AUTHORITY’s or LA-RICS AUTHORITY’s contractor employees. If the LA-RICS AUTHORITY’s or LA-RICS AUTHORITY’s contractor employees will be engaged in maritime employment, the coverage shall provide the benefits required by the U.S. Longshore and Harbor Workers Compensation Act, Jones Act or any other federal law to which the LA-RICS AUTHORITY is subject. If LA-RICS AUTHORITY or LA-RICS AUTHORITY’s contractor will provide leased employees, or, is an employee leasing or temporary staffing firm or a professional employer organization (PEO), coverage also shall include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the Owner as the Alternate Employer, and the endorsement form shall be modified to provide that Owner will receive not less than thirty (30) days advance written notice of cancellation of this coverage provision. B. Insurer Financial Ratings. Insurance is to be provided by an insurance company acceptable to Owner with an A.M. Best rating of not less than A:VII, unless otherwise approved by Owner. C. Notification of Incidents. LA-RICS AUTHORITY shall report to Owner any accident or incident relating to activities performed under this Agreement which involves injury or property damage which might reasonably be thought to result in the filing of a claim or lawsuit against LA-RICS AUTHORITY and/or Owner. Such report shall be made in writing within seventy-two (72) hours of LA-RICS AUTHORITY’s knowledge of such occurrence. D. Compensation for Owner Costs. In the event that LA-RICS AUTHORITY fails to comply with any of the indemnification or insurance requirements of this Agreement, and such failure to comply results in any costs to Owner, LA-RICS AUTHORITY shall pay full compensation for all reasonable costs incurred by Owner. 19. FAILURE TO PROCURE INSURANCE A. Failure on the part of LA-RICS AUTHORITY to procure or maintain the required program(s) of insurance shall constitute a material breach of contract upon which Owner may immediately terminate this Agreement, or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by Owner shall be reimbursed by LA-RICS AUTHORITY to Owner within thirty (30) days of Owner’s demand therefor. B. Use of the LMR Site shall not commence until LA-RICS AUTHORITY has complied with the aforementioned insurance requirements, and shall be suspended during any period that LA-RICS AUTHORITY fails to maintain said insurance policies in 01203.0001/524575.2 18 A-18 full force and effect. 20. TAXES A. The interest (as defined in California Revenue and Taxation Code Section 107) in the LMR Site created by this Agreement may be subject to property taxation if created. The party in whom the property interest is vested may be subject to the payment of the property taxes levied on the interest. LA-RICS AUTHORITY shall pay before delinquency all lawful taxes, assessments, fees or charges which at any time may be levied by the Federal, State, Owner, City, or any other tax or assessment- levying body upon the LMR Site arising from LA-RICS AUTHORITY’ use of the LMR Site. B. If LA-RICS AUTHORITY fails to pay any lawful taxes or assessments upon the LMR Site which LA-RICS AUTHORITY is obligated to pay, LA-RICS AUTHORITY will be in default of this Agreement. C. Owner reserves the right to pay any such tax, assessment, fees or charges, and all monies so paid by Owner shall be repaid by LA-RICS AUTHORITY to Owner upon demand. LA-RICS AUTHORITY and Owner agree that this is a license and not a lease and no real estate interest is being conveyed herein. 21. NOTICES Notices desired or required to be given pursuant to this Agreement or by any law now in effect shall be given by enclosing the same in a sealed envelope, Certified Mail - Return Receipt Requested, addressed to the party for whom intended and depositing such envelope, with postage prepaid, in the U.S. Post Office or any substation thereof, or any public letter box, and any such notice and the envelope containing the same, shall be addressed to LA-RICS AUTHORITY as follows: LA-RICS AUTHORITY 2525 Corporate Place, Suite 100, Monterey Park, California 91754 ATTN: Executive Director or such other place as may hereinafter be designated in writing by LA-RICS AUTHORITY. The notices and the certificate of insurance and envelopes containing the same to the Owner shall be addressed as follows, or such other place as may hereinafter be designated in writing by Owner: City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 ATTN: City Manager Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. Notices may also be provided by electronic mail or facsimile transmission, provided that such notices are followed up with a copy sent via US Mail. 01203.0001/524575.2 19 A-19 22. LA-RICS FACILITY REMOVAL A. LA-RICS AUTHORITY shall remove all of its LA-RICS Facility, equipment, personal property, and improvements from the LMR Site and the Real Property and restore the LMR Site to its original condition, reasonable wear and tear and damage or destruction by the acts of God beyond the control of LA-RICS AUTHORITY excepted, on or before the expiration of this Agreement, unless this Agreement is otherwise terminated or cancelled prior to the expiration date provided herein, in which case LA- RICS AUTHORITY shall remove from the LMR Site and the Real Property all of its LA- RICS Facility, equipment, personal property and improvements and restore the LMR Site to its original condition, reasonable wear and tear and damage or destruction by the acts of God beyond the control of LA-RICS AUTHORITY excepted, within ninety (90) days of such earlier cancellation or termination. If weather conditions or lack of access to the LMR Site render the timely removal of LA-RICS AUTHORITY’s property impossible, then LA- RICS AUTHORITY shall have thirty (30) days from the earliest date on which access is possible in which to comply with this provision. B. If LA-RICS AUTHORITY does not timely remove all of its LA-RICS Facility, personal property and improvements from the LMR Site and the Real Property within the time provided in this Section, Owner may, but shall not be required to, remove the LA- RICS Facility, equipment and all personal property and improvements at LA-RICS AUTHORITY’s expense. LA-RICS AUTHORITY shall reimburse Owner within thirty (30) days of receipt of an itemized accounting of the cost for such removal of personal property and improvements. Owner shall incur no liability for any damage to the LA-RICS Facility during removal or storage. 23. INDEPENDENT STATUS This Agreement is by and between Owner and LA-RICS AUTHORITY and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association as between Owner and LA-RICS AUTHORITY. LA-RICS AUTHORITY understands and agrees to bear the sole responsibility and liability for furnishing Workers’ Compensation with respect to services performed on behalf of LA-RICS AUTHORITY pursuant to this Agreement. 24. AMENDMENT Any modification of any of the terms and conditions hereof shall require a written amendment signed by an authorized agent of the LA-RICS AUTHORITY and an agent of Owner authorized by Owner’s City Council. 25. ASSIGNMENT A. This Agreement may not be sold, assigned or transferred by LA-RICS AUTHORITY without written consent of Owner, which consent will be at Owner’s sole 01203.0001/524575.2 20 A-20 discretion. All assignments will require an Assignment Agreement. No change of JPA membership of the LA-RICS AUTHORITY made in accordance with the JPA Agreement shall constitute an assignment hereunder. B. To effect an assignment or transfer pursuant to this Section 25, LA-RICS AUTHORITY shall first deliver to the Owner: (i) A written request for approval; (ii) The name, address, and most recent financial statements of the proposed sublicensee, assignee, or other transferee; (iii) Reasonable evidence that such sublicensee, assignee, or transferee is capable of performing its obligations under this Agreement, including financial capability; and (iv) Proposed unredacted instrument of transfer or assignment or any or all of its rights hereunder; and (iv) Any other information reasonably requested by the Owner. C. Owner, through its City Council, shall approve or disapprove a proposed transfer, assignment or sublicense within sixty (60) days after LA-RICS AUTHORITY delivers all such items to the Owner. Owner’s failure to respond to any request pursuant to this Section shall be deemed disapproval of said request. D. For any transfer, assignment, or sublicense of this Agreement, the proposed instrument shall include a written assumption by the assignee of all obligations of LA- RICS AUTHORITY under the Agreement arising thereafter and assignee shall be liable to perform the full obligations of the LA-RICS AUTHORITY under this Agreement and as a condition to the completion of such transfer must cure, remedy, or correct any event of default existing at the time of such transfer in a manner satisfactory to the Owner. In the case of a sublicense, the proposed instrument shall specifically include a provision that the sublicense shall comply with and be subject to all of the terms covenants, and conditions of this Agreement. E. Owner shall have the right to lease or license the use of space on LA-RICS AUTHORITY’s telecommunications pole to third party(ies), if such telecommunications pole is capable of housing such third party(ies), based on terms mutually agreeable to Owner and LA-RICS AUTHORITY. Owner shall submit any proposed lease, permit or license to the LA-RICS AUTHORITY for review and approval prior to entering into such lease or license, which approval shall not be unreasonably delayed, conditioned or withheld. Such proposed instrument shall specifically include: (a) a provision that the lease or license shall comply with and be subject to all of the terms covenants, and conditions of this Agreement, and (b) a requirement that any third party use of LA-RICS AUTHORITY’s telecommunications pole shall not materially interfere with LA-RICS AUTHORITY’s use of the LA-RICS Facility or its operations. The parties agree that any revenues generated by such third party leases or licenses by Owner shall be retained by Owner, except for a fee in an amount to be agreed upon between Owner and LA-RICS AUTHORITY, which sum is intended to compensate LA-RICS AUTHORITY for its operational, administrative and other costs associated with third party use of the LA-RICS 01203.0001/524575.2 21 A-21 Facility. 26. SUBORDINATION AND NON-DISTURBANCE Owner shall obtain, not later than fifteen (15) days following the execution of this Agreement, a Non-Disturbance Agreement, as defined below, from its existing mortgagees, ground lessors and master lessors, if any, of the Real Property. At Owner’s option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust, or other security interest (a “Mortgage”) by Owner which from time to time may encumber all or part of the Real Property; provided, however, as a condition precedent to LA-RICS AUTHORITY being required to subordinate its interest in this Agreement to any future Mortgage covering the Real Property, Owner shall obtain for LA-RICS AUTHORITY’s benefit a non-disturbance and attornment agreement in a form reasonably satisfactory to LA-RICS AUTHORITY and containing at a minimum the terms set forth herein below (“Non-Disturbance Agreement”), and shall recognize LA-RICS AUTHORITY’s right to remain in occupancy of and have access to the LMR Site as long as LA-RICS AUTHORITY is not in default of this Agreement beyond applicable notice and cure periods. The Non-Disturbance Agreement shall include the encumbering party’s (“Lender’s”) agreement that, if Lender or its successor in interest or any purchase of Lender’s or its successor’s interest (a “Purchaser”) acquires an ownership interest in the Real Property, Lender or such successor in interest or Purchaser will (a) honor all of the terms of this Agreement, (b) fulfill Owner’s obligations under this Agreement, and (c) promptly cure all of the then-existing Owner defaults under this Agreement. Such Non-Disturbance Agreement must be binding on all of Lender’s participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non- Disturbance Agreement, LA-RICS AUTHORITY will execute an agreement for the Lender’s benefit in which LA-RICS AUTHORITY: (i) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of the Lender, (ii) agrees to attorn to Lender if Lender becomes the owner of the Real Property, and (iii) agrees to accept a cure by Lender of any of Owner’s defaults, provided such cure is completed within the deadline applicable to Owner. 26. CONDEMNATION In the event of any condemnation of the Real Property (or any portion thereof), LA- RICS AUTHORITY may terminate this Agreement upon written notice to Owner if such condemnation may reasonably be expected to disrupt LA-RICS AUTHORITY’s operations at the LMR Site for more than forty-five (45) days. LA-RICS AUTHORITY may on its own behalf make a claim in any condemnation proceeding involving the LMR Site for losses related to the equipment comprising the applicable LA-RICS Facility, its relocation costs and its damages and losses (but not for the loss of its interest, if any, under this Agreement). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement, and Owner and LA- RICS AUTHORITY shall make an appropriate adjustment, as of such termination date, with 01203.0001/524575.2 22 A-22 respect to payments due to the other, if any, under this Agreement. 27. DEFAULT Except as otherwise provided in this Agreement, in the event of a default hereunder by LA-RICS AUTHORITY, Owner shall provide written notice thereof to LA- RICS AUTHORITY. LA-RICS AUTHORITY shall have forty-five (45) days from the date of said notice in which to cure the default, provided that LA-RICS AUTHORITY shall have such extended period beyond forty-five (45) days as may be required if the nature of the cure is such that it reasonably requires more than forty-five (45) days and LA-RICS AUTHORITY has commenced to cure the default within the 45-day period and has acted with reasonable diligence in commencing and pursuing such cure to completion. Owner may not maintain any action or effect any remedies for default against LA-RICS AUTHORITY unless and until LA-RICS AUTHORITY has failed to cure a default within the time periods set forth in this section. In the event that LA-RICS AUTHORITY fails to cure a default within forty-five (45) days or as otherwise provided in this section, Owner may: (a) cure the default and invoice LA-RICS AUTHORITY for all costs reasonably incurred in effecting such cure, or (b) terminate this Agreement upon written notice to LA- RICS AUTHORITY, take possession of the LMR Site and remove all LA-RICS AUTHORITY’s improvements located thereon, and/or undertake any other remedies available by law. In the event of a default hereunder by Owner, LA-RICS AUTHORITY shall provide written notice thereof to Owner. Owner shall have forty-five (45) days from the date of said notice in which to cure the default, provided that Owner shall have such extended period beyond forty-five (45) days as may be required if the nature of the cure is such that it reasonably requires more than forty-five (45) days and Owner has commenced to cure the default within the 45-day period and has acted with reasonable diligence in commencing and pursuing such cure to completion. LA-RICS AUTHORITY may not maintain any action or effect any remedies for default against Owner unless and until Owner has failed to cure a default within the time periods set forth in this section. In the event that Owner fails to cure a default within forty-five (45) days or as otherwise provided in this section, LA-RICS AUTHORITY may: (a) cure the default and invoice Owner for all costs reasonably incurred by LA-RICS AUTHORITY in effecting such cure, or (b) terminate this Agreement upon written notice to Owner, and/or undertake any other remedies available by law. 28. WAIVER Any waiver by either party of the breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any other breach of the same or of any other covenant, condition, term or agreement herein contained, nor shall failure on the part of either party to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping either party from enforcing the full provisions thereof. No option, right, power, remedy, or privilege of either party shall be construed as 01203.0001/524575.2 23 A-23 being exhausted by the exercise thereof in one or more instances. The rights, powers, options, and remedies given either party by this Agreement shall be cumulative. 29. HAZARDOUS MATERIALS The parties hereto hereby warrant and represent that they shall comply with all applicable Federal, State, and local laws and regulations concerning the use, release, storage and disposal of hazardous substances on the LMR Site and the Real Property. For purposes of this Agreement, the term “hazardous substances” shall be deemed to include hazardous, toxic or radioactive substances, as defined in California Health and Safety Code Section 25316, as amended from time to time, or the same or a related defined term in any successor or companion statutes, and crude oil or byproducts of crude oil other than crude oil which exists on the Real Property as a natural formation, and those chemicals and substances identified pursuant to Health and Safety Code Section 25249.8., as it may be amended from time to time. LA RICS AUTHORITY and Owner shall not introduce or use on the Real Property any Hazardous Materials in violation of any applicable law. If one party introduces, contributes to, or exacerbates a condition of Hazardous Materials on the Real Property, such party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability, including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Materials on the Real Property or the migration of any Hazardous Materials to other properties or the release of any Hazardous Material into the environment. The indemnifications in this Section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. The indemnity obligations in this Section 29 shall survive the termination or expiration of this Agreement. 30. DAMAGE OR DESTRUCTION Either party shall have the right to terminate this Agreement with respect to all or any portion of the LMR Site in the event of one of the following: (a) the applicable Real Property or the LMR Site is damaged by fire or other casualty, incidents of war, earthquake, or other violent action of the elements such that repairs cannot reasonably be expected to be completed within forty-five (45) days following said damage (or Owner in its sole discretion elects not to make such repair);or (b) the applicable Real Property or LMR Site is damaged by fire or other casualty, incidents of war, earthquake, or other violent action of the elements such that such damage may reasonably be expected to disrupt LA-RICS AUTHORITY’s operations at such LMR Site for more than forty-five (45) days. Notwithstanding the foregoing, in the event of any of the damage described in this Section, LA-RICS AUTHORITY shall have the right to elect to perform or cause to be performed any of the required repairs to the applicable Real Property or LMR Site should Owner elect not to undertake such repairs. Any notice of termination provided pursuant 01203.0001/524575.2 24 A-24 to this Section shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement, and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement, if any. Should any matter or condition beyond the control of the parties, such as war, public emergency, calamity, fire, earthquake, flood or act of God prevent performance of this Agreement by either party, such party shall be relived of the performance of such obligations during the time period of the event so long as such party promptly notifies the other party of such event and uses commercially reasonable efforts to overcome or otherwise address such event. LA-RICS AUTHORITY shall be solely responsible for any damage or loss to LA- RICS AUTHORITY’s equipment resulting from theft or vandalism or resulting from any other cause, except to the extent caused by Owner’s negligent acts or omissions. 31. AUTHORIZATION WARRANTY The parties hereto represent and warrant that the person executing this Agreement for each of them is an authorized agent who has actual authority to bind such party to each and every term, condition, and obligation of this Agreement and that all requirements of such party have been fulfilled to provide such authority. 32. INDEPENDENT CONTRACTOR STATUS This Agreement is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between Owner and LA-RICS AUTHORITY. LA-RICS AUTHORITY shall bear the sole responsibility and liability for furnishing Worker’s Compensation benefits to any person for injuries from or connected with services performed on behalf of LA-RICS AUTHORITY pursuant to this Agreement as required by law. The foregoing indemnification does not apply to liability caused by the negligence of the Owner. 33. GOVERNING LAW, JURISDICTION, AND VENUE This Agreement shall be governed by, and construed in accordance with the internal laws of the State of California. LA-RICS AUTHORITY agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles. 34. COMPLIANCE WITH APPLICABLE LAW In the performance of this Agreement, each party and anyone acting on such party’s behalf pursuant to this Agreement shall comply with all applicable Federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and procedures (including without limitation the rules and regulations of the FCC, the Federal Aviation Administration (“FAA”), and OSHA, and all provisions required thereby to be 01203.0001/524575.2 25 A-25 included in this Agreement are hereby incorporated herein by reference. 35. COMPLIANCE WITH CIVIL RIGHTS LAWS, NONDISCRIMINATION AND AFFIRMATIVE ACTION A. LA-RICS AUTHORITY hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000 (e) (17), to the end that no person shall, on the grounds of race, creed, color, sex, religion, ancestry, age, condition or physical handicap, marital status, political affiliation, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under this Agreement or under any project, program or activity supported by this Agreement. B. LA-RICS AUTHORITY certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, material status, or political affiliation. C. LA-RICS AUTHORITY certifies and agrees that it, its affiliates, subsidiaries, or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program, or activity supported by this Agreement. D. If the Owner finds that any of the above provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement upon which the Owner may terminate, or suspend this Agreement. E. While the Owner reserves the right to determine independently that the anti- discrimination provisions of this Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission, the Federal Equal Employment Opportunity Commission that LA-RICS AUTHORITY has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by Owner that LA-RICS AUTHORITY has violated the anti- discrimination provisions of this Agreement. F. In the event LA-RICS AUTHORITY violates the antidiscrimination provisions of the Agreement, the parties agree that it is difficult to ascertain the amount of liquidated damages, and hereby agree that the Owner shall, at its sole option, be entitled to the sum of FIVE HUNDRED DOLLARS ($500.00) for each such violation pursuant to California Civil Code 1671 as liquidated damages in lieu of terminating or suspending this Agreement. 36. NON EXCLUSIVITY Nothing herein is intended or shall be construed as creating any exclusive 01203.0001/524575.2 26 A-26 arrangement with LA-RICS AUTHORITY. This Agreement shall not restrict the Owner from acquiring similar, equal or like goods and/or services from other entities or sources. 37. NOTICE OF EMPLOYEES REGARDING THE FEDERAL EARNED INCOME CREDIT LA-RICS AUTHORITY shall notify its employees, and shall require each Contractor and Subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015. 38. PUBLIC RECORDS ACT A. Any documents submitted by LA-RICS AUTHORITY or its agents including without limitation the LMR Vendor and all information obtained in connection with the Owner’s right to inspect the LMR Site or any other rights provided by this Agreement shall become the exclusive property of the Owner. All such documents become a matter of public record and shall be regarded as public records, except as specifically provided by California Government Code Section 6250 et seq. (“Public Records Act”) and which are marked “trade secret,” “confidential,” or “proprietary.” The Owner shall not be in any way liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. B. In the event the Owner is required to defend an action on a Public Records Act request as requested by LA-RICS AUTHORITY for any of the aforementioned documents, information, books, records, and/or contents of a proposed marked “trade secret,” “confidential”, or “proprietary,” LA-RICS AUTHORITY agrees to refund and indemnify the Owner from all costs and expenses, including without limitation reasonable attorney’s fees, incurred in such action or liability arising under the Public Records Act within thirty days after LA-RICS AUTHORITY’s receipt of Owner’s invoice. C. Any documents submitted by Owner or its agents and all information obtained in connection with LA-RICS AUTHORITY’s rights provided by this Agreement shall become the exclusive property of LA-RICS AUTHORITY. All such documents become a matter of public record and shall be regarded as public records, except as specifically provided by California Government Code Section 6250 et seq. (“Public Records Act”) and which are marked “trade secret,” “confidential,” or “proprietary.” LA- RICS AUTHORITY shall not be in any way liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. D. In the event the LA-RICS AUTHORITY is required to defend an action on a Public Records Act request as requested by the Owner for any of the aforementioned documents, information, books, records, and/or contents Owner agrees to refund and indemnify the LA-RICS AUTHORITY from all costs and expenses, including without 01203.0001/524575.2 27 A-27 limitation reasonable attorney’s fees, incurred in such action or liability arising under the Public Records Act within thirty days after Owner’s receipt of LA-RICS AUTHORITY’s invoice. 39. OTHER TERMS AND CONDITIONS Advertising Materials and Signs. Except for warning signs required by law, LA- RICS AUTHORITY shall not post signs upon the LMR Site or improvements thereon, or distribute or cause to be distributed any advertising materials unless prior approval therefor is obtained from the Owner in accordance with the Rancho Palos Verde’s Municipal Code. Habitation. The LMR Site shall not be used for human habitation. Illegal Activities. LA-RICS AUTHORITY shall not knowingly permit any illegal activities to be conducted upon the LMR Site. Safety. LA-RICS AUTHORITY shall immediately correct any unsafe condition on the LMR Site, as well as any unsafe practices occurring thereon, to the extent such unsafe condition or practice occurs as a result of LA-RICS AUTHORITY’s use of the LMR Site or exercise of rights under this Agreement. LA-RICS AUTHORITY shall cooperate fully with Owner in the investigation of any accidental injury or death occurring on the LMR Site, including a prompt written report thereof to the Owner. LA- RICS AUTHORITY shall cooperate and comply fully with Owner, State, municipal, federal or any other regulatory agency having jurisdiction thereover, regarding any safety inspections and certifications of any and all LA-RICS AUTHORITY’s structures and enclosures. LA-RICS AUTHORITY, at its expense, may use any and all appropriate means of restricting public access to the LMR Site. Sanitation. No offensive matter, refuse, or substance constituting an unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public health in violation of the law, shall be permitted or remain on the LMR Site and within a distance of fifty (50) feet thereof, and LA-RICS AUTHORITY and Owner shall prevent any accumulation thereof from occurring. Security Devices. LA-RICS AUTHORITY, at its own expense, may provide any legal devices or equipment and the installation thereof, designated for the purpose of protecting the LMR Site from theft, burglary or vandalism, provided written approval for installation thereof is first obtained from the Owner. Owner shall be responsible for securing the Real Property to the extent deemed necessary by Owner in its sole discretion. Most Favored Nations. In the event more favorable terms are provided pursuant to a Site Access Agreement between LA-RICS AUTHORITY and a similarly situated city owning the same number of communication facility sites as Owner, the parties agree that, at the request of the Owner, this Agreement shall be amended to include those more favorable terms. 01203.0001/524575.2 28 A-28 40. ACKNOWLEDGMENT OF INELIGIBILITY FOR RELOCATION ASSISTANCE LA-RICS AUTHORITY hereby disclaims any status as a “displaced person” as such is defined in Government Code Section 7260 and hereby acknowledges its ineligibility for relocation assistance as provided in Government Code Section 7260 through 7276, inclusive, as interpreted in Title 25, Chapter 6, Section 6034(b) (1) of the California Administrative Code upon the future cancellation or termination of this Agreement. 41. LA-RICS AUTHORITY’S STAFF AND EMPLOYMENT PRACTICES LA-RICS AUTHORITY shall designate one member of its staff as an Operations Manager with whom the Owner may deal with on a daily basis. Any person selected by LA-RICS AUTHORITY as an Operations Manager shall be fully acquainted with LA- RICS AUTHORITY’s operation, familiar with the terms and the conditions prescribed therefore by this Agreement, and authorized to act in the day-to-day operation thereof. LA-RICS AUTHORITY shall establish an identification system for each of its personnel assigned to service the LMR Site that clearly indicates the name of the person. The identification system shall be furnished at LA-RICS AUTHORITY expense and may include appropriate uniform attire and name badges as routinely maintained by LA-RICS AUTHORITY. 42. BANKRUPTCY The Owner and LA-RICS AUTHORITY hereby expressly agree and acknowledge that it is the intention of both parties that in the event that during the term of this Agreement LA-RICS AUTHORITY shall become a debtor in any voluntary or involuntary bankruptcy proceeding (a Proceeding) under the United States Bankruptcy Code, 11 U.S.C. 101, et seq. (the Code), this Agreement is and shall be treated as an unexpired lease of nonresidential real property for purposes of Section 365 of the Code, 11 U.S.C. 365 (as may be amended), and, accordingly, shall be subject to the provisions of subsections (d)(3) and (d)(4) of said Section 365 (as may be amended). 43. SUCCESSORS AND ASSIGNS Subject to any provision hereof restricting assignment or subletting by LA-RICS AUTHORITY, this Agreement shall bind the parties, their personal representatives, successors and assigns. 44. SEVERABILITY The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. 01203.0001/524575.2 29 A-29 45. INTERPRETATION Unless the context of this Agreement clearly requires otherwise: (i) the plural and singular numbers shall be deemed to include the other; (ii) the masculine, feminine and neuter genders shall be deemed to include the others; (iii) “or” is not exclusive; and (iv) “includes” and “including” are not limiting. 46. ENTIRE AGREEMENT This Agreement (and the attached exhibits) contains the entire agreement between the parties hereto with respect to the matters set forth herein, and no addition or modification of any terms or provisions shall be effective unless set forth in writing, signed by both Owner and LA-RICS AUTHORITY. [SIGNATURES ON THE NEXT PAGE] 01203.0001/524575.2 30 A-30 IN WITNESS WHEREOF, the LA-RICS AUTHORITY has executed this Agreement or caused it to be duly executed and Owner has caused this Agreement to be executed on the day, month and year first above written. THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM AUTHORITY A California Joint Powers Authority By: Print Name: Its: THE CITY OF RANCHO PALOS VERDES By: Print Name: Its: APPROVED AS TO FORM: MARY C. WICKHAM COUNTY COUNSEL By: Deputy APPROVED AS TO FORM: BILL WYNDER CITY ATTORNEY 01203.0001/524575.2 31 A-31 EXHIBIT A SITE DESCRIPTION 5.62 MORE OR LESS ACS COM AT SE COR OF SEC 16 T 1S R 17W TH N ON E LINE OF SD SEC TO C/L OF PRIVATE ST PER CSB2291 TH W THEREON TO A LINE PARALLEL WITH AND DIST W AT R/A W 447.3 FT FROM SD E LINE LOT 16 01203.0001/524575.2 32 A-32 EXHIBIT B EQUIPMENT LIST To be inserted into final document 01203.0001/524575.2 33 A-33 EXHIBIT C SITE PLAN To be inserted into final document 01203.0001/524575.2 34 A-34 EXHIBIT D SCHEDULE OF PERFORMANCE To be inserted into final document 01203.0001/524575.2 35 A-35 S I T E P L A N A 1 L M R - R P V 1 - A 1 SITE PLAN & NOTES01 H A W T H O R N E B O U L E V A R D © L o s A n g e l e s R e g i o n a l I n t e r o p e r a b l e C o m m u n i c a t i o n s S y s t e m Los Angeles Regional Interoperable Communications System R E V I S I O N S RPV1 RANCHO PALOS VERDES HAWTHORNE BLVD. (SW RANCHO CANINOS DOG PARK), RANCHO PALOS VERDES, CA 90275 C O N S T R U C T I O N D R A W I N G S C&S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, New York 13212 Phone: 315-455-2000 Fax: 315-455-9667 www.cscos.com 3 A P N : 7 5 7 3 - 0 0 2 - 9 0 8 B - 1 © L o s A n g e l e s R e g i o n a l I n t e r o p e r a b l e C o m m u n i c a t i o n s S y s t e m Los Angeles Regional Interoperable Communications System R E V I S I O N S RPV1 RANCHO PALOS VERDES HAWTHORNE BLVD. (SW RANCHO CANINOS DOG PARK), RANCHO PALOS VERDES, CA 90275 C O N S T R U C T I O N D R A W I N G S C&S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, New York 13212 Phone: 315-455-2000 Fax: 315-455-9667 www.cscos.com 3 E N L A R G E D S I T E P L A N A 2 L M R - R P V 1 - A 2 ENLARGED SITE PLAN01 B - 2 E X T E R I O R E L E V A T I O N S A 3 L M R - R P V 1 - A 3 SOUTH ELEVATION01 L o s A n g e l e s R e g i o n a l I n t e r o p e r a b l e C o m m u n i c a t i o n s S y s t e m Los Angeles Regional Interoperable Communications System R E V I S I O N S RPV1 RANCHO PALOS VERDES HAWTHORNE BLVD. (SW RANCHO CANINOS DOG PARK), RANCHO PALOS VERDES, CA 90275 C O N S T R U C T I O N D R A W I N G S C&S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, New York 13212 Phone: 315-455-2000 Fax: 315-455-9667 www.cscos.com 3 W E S T E L E V A T I O N 0 2 © B - 3 E X T E R I O R E L E V A T I O N S A 3 . 1 L M R - R P V 1 - A 3 . 1 NORTH ELEVATION01 E A S T E L E V A T I O N 0 2 L o s A n g e l e s R e g i o n a l I n t e r o p e r a b l e C o m m u n i c a t i o n s S y s t e m Los Angeles Regional Interoperable Communications System R E V I S I O N S RPV1 RANCHO PALOS VERDES HAWTHORNE BLVD. (SW RANCHO CANINOS DOG PARK), RANCHO PALOS VERDES, CA 90275 C O N S T R U C T I O N D R A W I N G S C&S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, New York 13212 Phone: 315-455-2000 Fax: 315-455-9667 www.cscos.com 3 © B - 4 C-1 C-2 C-3 C-4 CrTYOF STAFF RANCHO PALOS VERDES REPORT TO : FROM: DATE: SUBJECT: PROJECT ADDRESS : APPLICANT/ LANDOWNERS: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ARA MIHRANIAN , DIRECTOR orl.. .. COMMUNITY DEVELOPMENT~ DECEMBER 11, 2018 GENERAL PLAN CONSISTENCY REVIEW FOR THE INSTALLATION OF LAND MOBILE RADIO (LMR) ANTENNAS (CASE NO. PLGP2018-0004) 30940 HAWTHORNE BLVD. LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM AUTHORITY (LA-RICS AUTHORITY) I CITY OF RANCHO PALOS VERDES JAEHEE YOON I~ ASSISTANT PLANNER V tl '' REQUESTED ACTION: A GENERAL PLAN CONSISTENCY REVIEW FOR THE PROPOSED INSTALLATION OF A NEW 70' TALL MONOPOLE (PLUS A 23' TALL LIGHTING ROD) TO ACCOMMODATE LAND MOBILE RADIO (LMR) ANTENNAS, THE CONSTRUCTION OF A 10' TALL 194FT2 EQUIPMENT STRUCTURE, AND THE INSTALLATION OF A 25KW GENERATOR AND A 785 GALLON FUEL TANK WITHIN AN 8' TALL ENCLOSURE. RECOMMENDATION: ADOPT P.C. RESOLUTION NO. 2018-_, FINDING THAT THE INSTALLATION OF A NEW 70' TALL MONOPOLE (PLUS A 23' TALL LIGHTING ROD) TO ACCOMMODATE LAND MOBILE RADIO (LMR) ANTENNAS, THE CONSTRUCTION OF A 10' TALL 194FT2 EQUIPMENT STRUCTURE, AND THE INSTALLATION OF A 25KW GENERATOR AND A 785 GALLON FUEL TANK WITHIN AN 8' TALL ENCLOSURE ARE INCONSISTENT WITH THE GOALS AND POLICIES OF THE CITY'S GENERAL PLAN. ZONING: INSTITUTIONAL (I) LAND USE: INSTITUTIONAL CODE SECTIONS: GOVERNMENT CODE SECTION 65402(a) D-1 PLANNING COMMISSION STAFF REPORT DECEMBER 11, 2018 PAGE2 GENERAL PLAN: TRAILS PLAN: SPECIFIC PLAN: CEQA: ACTION DEADLINE: INSTITUTIONAL PUBLIC (IP) HAWTHORNE TRAIL (SECTION 1, SEGMENT H1), ALTA VICENTE TRAIL, NIKE TRAIL, SPUR TRAIL, AND PRICKLY PEAR TRAIL NONE STATUTORILY EXEMPT (PUBLIC RESOURCES CODE SECTION 21080.25) NONE PLANNING COMMISSION MEMBERS RESIDING WITHIN 500' OF SUBJECT PROPERTY: NONE BACKGROUND The California Joint Powers Authority in January 2009, established the Los Angeles Regional Interoperable Communications System Authority (LA-RIGS Authority) to form a region-wide cooperative effort to plan and establish an interoperable public safety communications network . The system is expected to provide first time responders with the technology to communicate in real time and to coordinate their response during times of emergency . The wireless system includes the Public Safety Broadband Network Long-Term Evolution (LTE) for data communication and the Land Mobile Radio (LMR) for voice communication. In March 2009, the City Council authorized the City's membership in the LA-RIGS Authority. On August 9, 2013, the LA-RIGS Authority identified the following four viable locations in the City to install L TE and LMR facilities : 1) Rancho Palos Verdes City Hall; 2) Fire Station No. 53 on Palos Verdes Drive South; 3) Fire Station 83 in Miraleste Plaza; and, 4) Los Angeles County-owned Antenna Farm at 5741 Crestridge Road . Over time, the Coast Guard property and the Federal Aviation Administration (FAA) property at the top of San Pedro Hill were also considered viable locations. Currently, both fire stations and the Coast Guard property have been eliminated from the network by LA-RIGS Authority except the Rancho Palos Verdes City Hall, Los Angeles County-owned Antenna Farm, and San Pedro Hill. On June 12, 2018 , the Planning Commission considered the General Plan consistency review for a proposed 150' tall lattice tower (plus a 26' tall lighting rod) to accommodate LMR antennas at the Los Angeles County-owned Antenna Farm site at 5741 Crestridge Road . At the time, the Planning Commission found that the provisions of the City's General Plan concerning the general health and safety of the community prevail over those provisions concerning visual impacts for purposes of determining overall consistency with the goals and policies of the General Plan and hence, a General Plan consistency finding was made. As of October 2018, the LA-RIGS Authority has identified 60 LMR sites throughout Los Angeles County (including the three sites in the City of Rancho Palos Verdes), of which 23 sites are either built or under construction and 6 sites will break ground before the end of this year. The Los Angeles County-owned Antenna Farm site is in its preliminary design stage and is scheduled for construction in the first quarter of 2019. The San 2 D-2 PLANNING COMMISSION STAFF REPORT DECEMBER 11, 2018 PAGE3 Pedro Hill is the most recent location that became a feasible site within Los Angeles County where the LA-RIGS Authority will propose to remove and replace the existing County-owned facilities to accommodate LMR antennas. On October 31, 2018, Staff received documents from the LA-RIGS Authority regarding the proposed project at the Rancho Palos Verdes City Hall site per Government Code Section 65402(a), which refers to the planning agency's General Plan consistency review of proposed acquisitions, dispositions, street vacations or abandonments, and construction of public buildings or structures. On November 15, 2018, the LA-RIGS Authority conducted door-to-door outreach to inform 1 0 property owners in the 30900-block of Via La Cresta (La Cresta Pointe tract) of the proposed project because these properties have had past view impairment concerns raised for antenna projects on City Hall property. Of the 5 property owners with which the LA-RIGS Authority was able to conduct outreach efforts, 2 raised concerns over the aesthetics and electromagnetic emissions and 3 had no comments (see attachment). On November 22, 2018, a public notice was published in the Palos Verdes Peninsula News and mailed to all interested parties and property owners within a 500' radius of the site. The City's public notice requested comments solely on the General Plan consistency review for the proposed wireless facility and noted that comments on the merits of the project should be directed to the LA-RIGS Authority. SITE AND PROJECT DESCRIPTION The Point Vicente Park and Civic Center property consists of three (3) separate parcels: a 6.00-acre Civic Center parcel, a 3.93-acre City Hall parcel, and a 65.1 0-acre parcel zoned Open Space-Recreational (OR). The project site is located within the 6.00-acre Civic Center parcel near the entrance to the maintenance yard. The LA-RIGS Authority proposes the following project: • Demolish the City's existing 55' tall retractable amateur radio antenna tower (112' when fully extended). • Install a new 70' tall monopole (plus a 23' tall lighting rod) to accommodate the LMR antennas and collocate the City's amateur radio antennas currently on the 55' tall antenna tower. • Construct a 194ft2 single-story pre-fab equipment structure measuring 1 0' in height. • Install a 25KW generator and 785 3 D-3 PLANNING COMMISSION STAFF REPORT DECEMBER 11, 2018 PAGE4 gallon fuel tank within an 8' tall enclosure . CODE CONSIDERATION AND ANALYSIS Under Government Code Sections 53090(a) and 53091 (a), the LA-RIGS Authority is exempt from the definition of "Local Agency," and is therefore not subject to local zoning regulations. As such, the merits of the project can only be considered by the LA-RIGS Authority as part of their community outreach program. Thus, in accordance to Government Code Section 65402(a), the Planning Commission is only being asked to determine the proposed project's consistency with the Goals and Policies of the City's General Plan. Government Code Section 65402(a), specifically states that: If a general plan or part thereof has been adopted, ... no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such ... public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. Accordingly, Staff's recommendation for the Commission's General Plan consistency review is discussed below, and is based on the related Goals and Policies of the City's General Plan that was updated in September 2018. Safety Element • Safety Goal No. 3-"Develop and enforce health and sanitation requirements and develop emergency communications and disaster preparedness programs to ensure the overall health and safety of all residents." (General Plan Pg. S-6) • Safety Policy No. 6 -"Encourage cooperation among adjacent communities to ensure law enforcement and fire protection mutual aid in emergency situations." (General Plan Pg. S-6) The proposed project aims to provide a seamless communication platform that facilitates timely and effective responses to emergencies throughout Los Angeles County while supporting routine day-to-day communications. By enabling interoperable communication for all first responders in the region, the system will improve coordination among local, regional, state, and federal agencies during periods where initial responses among multi-agencies are crucial. The proposed project will enable the City to effectively respond in the event of an emergency and contribute to protecting the public health, safety, and welfare of the community, and is therefore consistent with the above General Plan Goal and Policy related to the Safety Element. Circulation Element 4 D-4 PLANNING COMMISSION STAFF REPORT DECEMBER 11, 2018 PAGES • Communication Systems Policy No. 52 -"Balance the need to accommodate wireless communications coverage in the community with the need to protect and maintain the quality of the environment for residents. All new proposals to construct wireless communication facilities shall be reviewed using guidelines adopted and kept current by the Planning Commission and, where applicable, considering covenants, conditions, and restrictions (CC&Rs). These guidelines shall balance public and private costs and benefits to the greatest reasonable extent, and encourage colocation of facilities and the use of evolving wireless communication technologies to minimize impacts." (General Plan Pg.C-8) As previously noted, the proposed project is exempt from the City's zoning regulations pursuant to Government Code Sections 53090(a) and 53091 (a). Thus, the Planning Commission does not have the benefit of reviewing the merits of the proposed project to ensure that the project meets the City's guidelines for wireless facilities as cited in this Policy . Moreover, the Planning Commission does not have the ability to ensure that the design of the proposed monopole that measures 70' in height without the lightning rod (measuring 93' in height with the lightning rod) is the least intrusive design, albeit not located within the City's Public right-of-way. As discussed under the Visual Resources Element below, Staff is concerned that the height, location, and design of the proposed monopole will have adverse visual impacts to the Civic Center site and views from surrounding properties, including public views . Thus, Staff believes that the proposed project is inconsistent with the Communication Systems Policy No. 52 of the General Plan's Circulation Element. Land Use E lement • Land Use Goal No. 1 -"Provide for land uses that will be sensitive to and enhance the natural environment and character of the City; supply appropriate facilities to serve residents and visitors; promote fiscal balance; and protect the general health, safety, and welfare of the City." (General Plan Pg.L-7) • Land Use Goal No. 3 -"Preserve and enhance the visual character and physical quality of existing neighborhoods and housing in a manner that serves the needs of the residents ." (General Plan Pg.L-7) • Institutional Policy No. 25 -"Review the location and site design of future institutional uses to ensure their compatibility with adjacent sites." (General Plan Pg.L-9) • Institutional Policy No. 26 -"Encourage mitigation of the adverse aesthetic impacts of utility facilities." (General Plan Pg.L-9) The LA-RICS antenna facility is proposed in a location of the City's Civic Center campus that is conspicuous from any point of view on the site, as well as private properties on Via La Cresta, and public views from Hawthorne Blvd., Palos Verdes Drive West, Palos 5 D-5 PLANNING COMMISSION STAFF REPORT DECEMBER 11,2018 PAGES Verdes Drive South, Lower Point Vicente, and from several public trails in the immediate area including at the Alta Vicente and Vicente Bluffs Reserves. Staff does not believe that the proposed location has considered preserving and enhancing the visual character of the site nor neighboring sites. Moreover, the project is not compatible with existing uses on the site, including future uses of the Civic Center, and does not adequately mitigate aesthetic impacts. Although the proposed monopole will result in the removal of the existing 55' tall retractable antenna, it would be replaced with a fixed 70' tall monopole (93' tall with the attached lightning rod). It should be noted that the existing retractable antenna measures 112' in height when fully extended which rarely occurs. Thus, Staff believes that the proposed project is inconsistent with the cited Goals and Policies of the General Plan's Land Use Element. Visual Resources Element • Visual Resources Goal No. 1 -"Preserve views and vistas for the public benefit and, where appropriate, the City should strive to enhance and restore these resources and the visual character of the City, and provide and maintain access for the benefit and enjoyment of the public." (General Plan Pg. V-3) • Visual Resources Policy No. 1 -"Develop controls to preserve existing significant visual aspects from future disruption or degradation." (General Plan Pg. V-3) • Visual Resources Policy No. 3. -"Preserve and enhance existing positive visual elements and restore those that have been lost." (General Plan Pg. V-3) As stated above, the proposed 70' tall monopole will have an adverse visual impact to the Civic Center property as viewed on-site, as well as various off-site locations including public and private property. Although the number of antenna towers will not increase with the project, as the City's existing amateur radio tower will be removed and replaced with the new 70' tall monopole, the proposed monopole will intensify the adverse impact upon the visual character of the site due to the height and conspicuous siting of the monopole and the attached antennas. As such, staff believes that the proposed project is inconsistent with the cited Goals and Policies of the General Plan's Visual Resources Element. The Conceptual Trails Plan identifies the Hawthorne Trail (Section 1, Segment H1) as a segment that traverses along Hawthorne Boulevard. from Palos Verdes Drive West to Crest Road. In its proposed location, the new 70' monopole will be visible from pedestrians and motorists alike traveling along Hawthorne Boulevard, as well as Palos Verdes Drive South and West. Additionally, there are 4 other trails that have been developed surrounding the City Hall property within the Alta Vicente Reserve of the Palos Verdes Nature Preserve: the Alta Vicente Trail to the southwest, the Nike Trail to the west, the Spur Trail to the north and west, and the Prickly Pear Trail to the southeast. Due to the considerable steepness and foliage between the trails and the City Hall property, the existing 55' tall antenna tower is not visible except along a portion 6 D-6 PLANNING COMMISSION STAFF REPORT DECEMBER 11, 2018 PAGE7 of the Alta Vicente Trail to the south. However, using the 55' tall antenna tower as a reference, it appears the proposed 70' tall monopole will be visible from the Alta Vicente Trail, as well as other trails on the property and at Lower Point Vicente and the Vicente Bluffs Reserve. Based on the above discussion, Staff believes the proposed project's inconsistency with the aforementioned Goals and Policies of the General Plan outweigh the consistencies found in the Safety Element. Therefore, a consistency finding cannot be made for the proposed installation of a new 70' tall monopole (plus a 23' tall lighting rod). ADDITIONAL INFORMATION Environmental Assessment The proposed project is statutorily exempt from the prov1s1ons of the California Environmental Quality Act (CEQA) per Public Resources Code Section 21080.25. Since 2012, the statutory CEQA exemption has been granted to the LA-RICS Authority, provided that all of the following criteria set forth in the exemption are satisfied at individual project sites: (1) The project site is publicly owned and already contains either of the following: (A) An antenna support structure and either of the following components: (i) Antennas. (ii) Equipment enclosures. (B) A police or sheriff station or other public facility that transmits or receives public safety radio signals, except a fire station. (2) Construction and implementation at the project site would not have a substantial adverse impact on wetlands, riparian areas, or habitat of significant value, and would not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter 10 (commencing with Section 1 900) of Division 2 of the Fish and Game Code), or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the habitat of those species. (3) Construction and implementation of the project at the site would not have a substantial adverse impact on historical resources pursuant to Section 21084.1. (4) Operation of the project at the site would not exceed the maximum permissible exposure standards established by the Federal Communications Commission, as set forth in Sections 1.1307 and 1.1310 of Title 47 of the Code of Federal Regulations. (5) Any new L TE antenna support structures or LMR antenna support structures would comply with applicable state and federal height restrictions and any height restrictions mandated by an applicable comprehensive land use plan adopted by an airport land use commission. The new monopoles shall not exceed 70' in height without appurtenances and attachments, and new lattice towers shall not exceed 180' in height without appurtenances and attachments. 7 D-7 PLANNING COMMISSION STAFF REPORT DECEMBER 11, 2018 PAGES (6) Each new central system switch is located within an existing enclosed structure at a publicly owned project site or is housed at an existing private communications facility. On December 12, 2016, the LA-RIGS Authority determined that the proposed project meets the exemption criteria as the project site is owned by the City with existing antennas; there are no adverse impacts to the biological resources abutting the site as construction is required to comply with project-wide best management practices and is not located within the boundaries of the Palos Verdes Nature Preserve; there are no historical resources in and around the site; the operation of the project will comply with permissible exposure standards set by the Federal Communications Commission; the proposed monopole itself will be 70' tall excluding appurtenances and attachments; and the central system switch will be located within an existing enclosed structure. Furthermore, the proposed wireless facility is categorically exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the California Guidelines for Implementation of CEQA. Next Steps by LA-RICS Authority The LA-RIGS Authority is in the stages of finalizing their preliminary plans, as well as working with the City Manager's office to execute a Site Access Agreement because the facility will be located on City-owned property. The City Council is scheduled to consider the Site Access Agreement at its December 18, 2018 meeting. Should the Agreement be accepted by the City Council, the LA-RIGS Authority will have to submit plans to the City's Building and Safety Division for permits. If approved, the project is anticipated to break ground in the second quarter of 2019 with the necessary infrastructure to support the operations completed in September 2019, and the LMR antenna installations completed in December 2019. Two weeks prior to breaking ground, the LA-RIGS Authority plans to meet their public outreach requirements, imposed by the Los Angeles County Board of Supervisors, for properties within 500' radius of the project site and interested parties to inform them of the upcoming construction work. CONCLUSION Based upon the discussions above, Staff recommends that the Planning Commission find that the proposed installation of a new 70' tall monopole (plus a 23' tall lighting rod) to accommodate LMR antennas, the construction of a 1 0' tall 194ft2 equipment structure, and the installation of a 25KW generator and 785 gallon fuel tank within an 8' tall enclosure are inconsistent with the Goals and Policies of the City's General Plan. ALTERNATIVES In addition to Staff's recommendation, the following alternatives are available for the Planning Commission's consideration: 8 D-8 PLANNING COMMISSION STAFF REPORT DECEMBER 11, 2018 PAGE9 1. Identify any issues of the General Plan consistency review with the proposed project, provide Staff with direction for clarifying these issues, and continue the matter to a date certain. 2. Determine that for purposes of public safety, the proposed project is consistent with the City's General Plan, and direct Staff to modify the Resolution memorializing this determination for adoption at the next Planning Commission meeting. ATTACHMENTS • P.C. Resolution No. 2018- • Preliminary Plans • Photo Simulations, dated October 30, 2018 • Community Outreach Report from LA-RICS Authority, dated November 15, 2018 9 D-9 P.C. RESOLUTION NO. 2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES FINDING THAT THE INSTALLATION OF A NEW 70' TALL MONOPOLE (PLUS A 23' TALL LIGHTING ROD) TO ACCOMMODATE LAND MOBILE RADIO (LMR) ANTENNAS, THE CONSTRUCTION OF A 10' TALL 194FT2 EQUIPMENT STRUCTURE, AND THE INSTALLATION OF A 25KW GENERATOR AND 785 GALLON FUEL TANK WITHIN AN 8' TALL ENCLOSURE AT 30940 HAWTHORNE BOULEVARD, ARE INCONSISTENT WITH THE CIRCULATION, LAND USE, AND VISUAL RESOURCES ELEMENTS' GOALS AND POLICIES OF THE CITY'S GENERAL PLAN. WHEREAS, in January 2009, the California Joint Powers Authority established the Los Angeles Regional Interoperable Communications System Authority (LA-RICS Authority) to form a region-wide plan to establish an interoperable public safety communications network utilizing the wireless system of Long-Term Evolution (L TE) for data communication and the Land Mobile Radio (LMR) for voice communication. WHEREAS, in March 2009, the City Council authorized the City's membership in the LA-RICS Authority. WHEREAS, since August 9, 2013, the LA-RICS Authority identified several viable locations in the City to install L TE or LMR wireless facilities where currently 3 remain under consideration for LMR sites: 1) Rancho Palos Verdes City Hall; 2) Los Angeles County-owned Antenna Farm located at 5741 Crestridge Road; and 3) Federal Aviation Administration property at the top of San Pedro Hill. WHEREAS, on October 31, 2018, the Applicant submitted documents of the proposed project at the Rancho Palos Verdes City Hall per Government Code Section 65402(a), which refers to the planning agency's General Plan consistency review of proposed acquisitions, dispositions, street vacations or abandonments, and construction of public buildings or structures. WHEREAS, Section 65402(a) of the California Government Code requires that, no construction of a public building or structure by the county can occur "until the location, purpose and extent of ... such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with" the adopted general plan of the jurisdiction. WHEREAS, on November 22, 2018, a public notice was mailed to all property owners within a 500' radius of the subject site and interested parties announcing the Planning Commission meeting to consider the proposed project's consistency with the City's General Plan. P.C. Resolution No. 2018-_ Page 1 D-10 WHEREAS, on December 11, 2018, the Planning Commission conducted a meeting, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1 : The proposed installation of a new 70' tall monopole to accommodate LMR antennas, the construction of a 1 0' tall 194ft2 equipment structure, and the installation of a 25KW generator and 785 gallon fuel tank within an 8' tall enclosure at 30940 Hawthorne Boulevard are inconsistent with the following Goals and Policies of the City's General Plan that was updated in September 2018: A. Circulation Element • Communication Systems Policy No. 52 -"Balance the need to accommodate wireless communications coverage in the community with the need to protect and maintain the quality of the environment for residents. All new proposals to construct wireless communication facilities shall be reviewed using guidelines adopted and kept current by the Planning Commission and, where applicable, considering covenants, conditions, and restrictions (CC&Rs). These guidelines shall balance public and private costs and benefits to the greatest reasonable extent, and encourage colocation of facilities and the use of evolving wireless communication technologies to minimize impacts." (General Plan Pg. C-8) The project is exempt from the City's zoning regulations pursuant to Government Code Sections 53090(a) and 53091 (a), the Planning Commission does not have the benefit of reviewing the merits of the proposed project to ensure that the project meets the City's guidelines for wireless facilities. Moreover, the Planning Commission does not have the ability to ensure that the design of the proposed monopole that measures 70' in height without the lightning rod (measuring 93' in height with the lightning rod) is the least intrusive design, albeit not located within the City's Public right-of-way. The Planning Commission finds that the height, location, and design of the proposed monopole will have adverse visual impacts to the Civic Center site and views from surrounding properties, including public views. B. Land Use Element • Land Use Goal No. 1 -"Provide for land uses that will be sensitive to and enhance the natural environment and character of the City; supply appropriate facilities to serve residents and visitors; promote fiscal balance; and protect the general health, safety, and welfare of the City." (General Plan Pg.L-7) P.C. Resolution No. 2018-_ Page 2 D-11 • Land Use Goal No. 3 -"Preserve and enhance the visual character and physical quality of existing neighborhoods and housing in a manner that serves the needs of the residents ." (General Plan Pg.L-7) • Institutional Policy No. 25 -"Review the location and site design of future institutional uses to ensure their compatibility with adjacent sites." (General Plan Pg.L-9) • Institutional Policy No. 26 -"Encourage mitigation of the adverse aesthetic impacts of utility facilities." (General Plan Pg.L-9) The LA-RICS antenna facility is proposed in a location of the City's Civic Center campus that is conspicuous from any point of view on the site, as well as private properties on Via La Cresta, and public views from Hawthorne Blvd., Palos Verdes Drive West, Palos Verdes Drive South, Lower Point Vicente, and from several public trails in the immediate area including at the Alta Vicente and Vicente Bluffs Reserves. The Planning Commission does not believe that the proposed location has been identified with preserving and enhancing the visual character of the site nor neighboring sites in mind, nor is compatible with existing uses on the site, including future uses of the Civic Center, and does not adequately mitigate aesthetic impacts. The proposed monopole will result in the removal of the existing 55' tall retractable antenna, which will be replaced with a fixed 70' tall monopole (93' tall with the attached lightning rod). The existing retractable antenna measures 112' in height when fully extended which rarely occurs. C. Visual Resources Element • Visual Resources Goal No. 1 -"Preserve views and vistas for the public benefit and, where appropriate, the City should strive to enhance and restore these resources and the visual character of the City, and provide and maintain access for the benefit and enjoyment of the public." (General Plan Pg. V-3) • Visual Resources Policy No. 1 -"Develop controls to preserve existing significant visual aspects from future disruption or degradation." (General Plan Pg. V-3) • Visual Resources Policy No. 3 . -"Preserve and enhance existing positive visual elements and restore those that have been lost." (General Plan Pg. V-3) The proposed 70 ' tall monopole will have an adverse visual impact to the Civic Center property as viewed on-site, as well as various off-site locations including public and private property. Although the number of antenna towers will not increase with the project, as the City's existing amateur radio tower will be P.C . Resolution No. 2018-_ Page 3 D-12 removed and replaced with the new 70' tall monopole, the proposed monopole will intensify the adverse impact upon the visual character of the site due to the height and conspicuous siting of the monopole and the attached antennas. Section 2: The proposed LMR wireless facility is statutorily exempt from review under the California Environmental Quality Act ("CEQA"), per Public Resources Code Section 21080.25, as the subject site meets all the criteria set forth in this exemption. Section 3: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.80.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following December 11, 2018, the date of the Planning Commission's final action. Section 4: For the foregoing reasons and based on the information and findings included in the Staff Report, which are attached hereto and made a part thereof by reference, the Planning Commission hereby finds that the proposed installation of a new 70' tall monopole to accommodate LMR antennas, the construction of a 1 0' tall 194ft2 equipment structure, and the installation of a 25KW generator and 785 gallon fuel tank within an 8' tall enclosure at 30940 Hawthorne are inconsistent with the Safety Element's Goals and Policies of the Rancho Palos Verdes General Plan. PASSED, APPROVED AND ADOPTED this 11 1h day of December 2018, by the following vote: AYES: NOES: ABSTENTIONS: RECUSALS : ABSENT: Ara Mihranian Director of Community Development and Secretary of the Planning Commission William J. James Chairman P.C. Resolution No. 2018-_ Page 4 D-13 SITELOCATION R P V 1 1-800 Call: TOLL FREETWO WORKING DAYS BEFORE YOU DIG Underground Service Alert422-4133NOTIFY DIG-ALERT OR PRIVATE LOCATINGCOMPANY PRIOR TO ANY EXCAVATING OR TRENCHING COUNTY:JURISDICTION:EQUIPMENT MAINTENANCE:LATITUDE:LONGITUDE:OCCUPANCY:ZONING:USE:BATTERIES:···········NAD 83ELEVATION:PROJECT TYPE:LAND OWNER:FLOOD ZONE:A.P.N #:©™ © ™ © E N G I N E E R / A R C H I T E C T : S U R V E Y O R : R P V 1 RAN C H O P A L O S V E R D E S S H E E T I N D E X A P P R O V A L S UTILITIES P R O J E C T T E A M CENTER OF TOWER SITE DATASITE INFORMATION A P P L I C A N T HA W T H O R N E B L V D . (SW RA N C H O C A N I N O S D O G P A R K ) , RANCH O P A L O S V E R D E S , C A 9 0 2 7 5 S I T E N A M E S I T E A D D R E S S REGIONAL MAP V I C I N I T Y M A P DRIVING DIRECTIONS L M R A T T A C H M E N T S Los Ange l e s R e g i o n a l I n t e r o p e r a b l e Com m u n i c a t i o n s S y s t e m T I T L E S H E E T T 1 L M R - R P V 1 - T 1 AIR CONDITIONING UNITS: E L E C T R I C A L E N G I N E E R : P R O J E C T M A N A G E R : M E C H A N I C A L E N G I N E E R : L o s A n g e l e s R e g i o n a l I n t e r o p e r a b l e C o m m u n i c a t i o n s S y s t e m Los Angeles Regional Interoperable Communications System R E V I S I O N S RPV1 RANCHO PALOS VERDES HAWTHORNE BLVD. (SW RANCHO CANINOS DOG PARK), RANCHO PALOS VERDES, CA 90275 C O N S T R U C T I O N D R A W I N G S C&S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, New York 13212 Phone: 315-455-2000 Fax: 315-455-9667 www.cscos.com 3 S H E L T E R M A N U F A C T U R E R : T O W E R D E S I G N C R I T E R I A : S T R U C T U R A L D E S I G N C R I T E R I A : D - 1 4 S I T E P L A N A 1 L M R - R P V 1 - A 1 SITE PLAN & NOTES01 H A W T H O R N E B O U L E V A R D © L o s A n g e l e s R e g i o n a l I n t e r o p e r a b l e C o m m u n i c a t i o n s S y s t e m Los Angeles Regional Interoperable Communications System R E V I S I O N S RPV1 RANCHO PALOS VERDES HAWTHORNE BLVD. (SW RANCHO CANINOS DOG PARK), RANCHO PALOS VERDES, CA 90275 C O N S T R U C T I O N D R A W I N G S C&S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, New York 13212 Phone: 315-455-2000 Fax: 315-455-9667 www.cscos.com 3 A P N : 7 5 7 3 - 0 0 2 - 9 0 8 D - 1 5 © L o s A n g e l e s R e g i o n a l I n t e r o p e r a b l e C o m m u n i c a t i o n s S y s t e m Los Angeles Regional Interoperable Communications System R E V I S I O N S RPV1 RANCHO PALOS VERDES HAWTHORNE BLVD. (SW RANCHO CANINOS DOG PARK), RANCHO PALOS VERDES, CA 90275 C O N S T R U C T I O N D R A W I N G S C&S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, New York 13212 Phone: 315-455-2000 Fax: 315-455-9667 www.cscos.com 3 E N L A R G E D S I T E P L A N A 2 L M R - R P V 1 - A 2 ENLARGED SITE PLAN01 D - 1 6 E X T E R I O R E L E V A T I O N S A 3 L M R - R P V 1 - A 3 SOUTH ELEVATION01 L o s A n g e l e s R e g i o n a l I n t e r o p e r a b l e C o m m u n i c a t i o n s S y s t e m Los Angeles Regional Interoperable Communications System R E V I S I O N S RPV1 RANCHO PALOS VERDES HAWTHORNE BLVD. (SW RANCHO CANINOS DOG PARK), RANCHO PALOS VERDES, CA 90275 C O N S T R U C T I O N D R A W I N G S C&S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, New York 13212 Phone: 315-455-2000 Fax: 315-455-9667 www.cscos.com 3 W E S T E L E V A T I O N 0 2 © D - 1 7 E X T E R I O R E L E V A T I O N S A 3 . 1 L M R - R P V 1 - A 3 . 1 NORTH ELEVATION01 E A S T E L E V A T I O N 0 2 L o s A n g e l e s R e g i o n a l I n t e r o p e r a b l e C o m m u n i c a t i o n s S y s t e m Los Angeles Regional Interoperable Communications System R E V I S I O N S RPV1 RANCHO PALOS VERDES HAWTHORNE BLVD. (SW RANCHO CANINOS DOG PARK), RANCHO PALOS VERDES, CA 90275 C O N S T R U C T I O N D R A W I N G S C&S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, New York 13212 Phone: 315-455-2000 Fax: 315-455-9667 www.cscos.com 3 © D - 1 8 D-19 D-20 D-21 D-22 LA-RICS LMR Project: Proposed Rancho Palos Verdes (RPV1) LMR Site. Door-To-Door Outreach to La Cresta Tract Residents Prior to the scheduled RPV Planning Commission meeting of December 11, 2018 for the proposed LMR Rancho Palos Verdes (RPV1)) site located east of the City of Rancho Palos Verdes (RPV) City Hall and south of Rancho Caninos Dog Park the City requested LA-RICS to perform an outreach effort to the residents on Via La Cresta. A door-to-door neighborhood outreach effort was conducted on November 15, 2018. The outreach effort was conducted by: Babak (Bob) Edalati, Deputy LA County Sheriff Department Fritz Rote Jacobs Tomas Molina Jacobs A list of ten addresses for residents to contact was prepared and provided to LA-RICS by the City of RPV’s planning department. These 10 residences are outside the 500’ perimeter radius of the project site but they are on a hillside overlooking the proposed RPV1 site. Both a Fact Sheet and an LA-RICS Information flyer were prepared (see attached) letter was prepared for distribution with the residence owners and/or to be left in the respective mail boxes. D-23 No. Address Name Comments 1 30900 Via La Cresta NA Not home. Left information flyer(s) in mail box. 2 30909 Via La Cresta Loitta(?) Not supportive. Concerns with EME emissions. May attend PC meeting. 3 30925 Via La Cresta Shawn Is aware of this LA-RICS project as he is involved with the City’s Community Development department. Thanked us for information. 4 30939 Via La Cresta NA Not home. Left information flyer(s) in mail box. 5 30950 Via La Cresta NA House is in construction. Left information flyer(s) in mail box. 6 30955 Via La Cresta NA Not home. Left LA-RICS information flyer 7 30960 Via La Cresta Smith Spoke through doorbell intercom. Thanked us for visit. Left information flyer(s) in mail box. 8 30963 Via La Cresta Jeff Cameron Cresta HOA president. Opposed to project. Concern is aesthetics. His viewshed is currently impacted by City Hall’s LTE monopole. LA-RICS tower will be blocked by roofline of neighbor’s residence in front. Stated that house in construction (30950) is planning to have full- length glass windows. 9 30970 Via La Cresta Pankaj Kashyap Spoke via doorbell intercom. Thanked us for visit. Left information flyer(s) in mail box. 10 30971 Via La Cresta NA Not home. Left LA-RICS information flyer D-24 D-25 D-26 D-27 • ~~ Los Angeles Regional Interoperable ·~ LA-RICS Communications System Summary of Radio Frequency Electromagnetic Emission (RF-EME) Compliance :\\ LA-RICS RPV1 Installation LA-RICS eliminates barriers to public safety communications, allowing police, firefighters and paramedics to work more effectively together. This site ensures that first and second responders always have the ability to communicate with each other in your area, for faster protection and improved safety. • When transmitting at full power-as in the case of a major emergency event-LA-RICS contribution to the FCC general population limit is 5 5% MPE Safety • 0 Margm • Less radio exposure than cell phones and laptops. *Unlike x-rays and gamma rays, radio waves do not carry enough energy to damage DNA molecules! • FCC guidelines follow recommendations of expert health and safety agencies including EPA, FDA, OSHA and NIOSH for power density limits. Existing Proposed Construction scheduled for Q2 2019 Questions? Visit our website www.la-rics.org ©Co pyri g ht 2018, LA-RICS Authority . All Ri ghts Reserved. Follow us @TheLARICS facebook t:wU:t:er.lt ~q~ D-28