CC SR 20240903 SPC 02 - SCE Ladera Linda PoleCITY COUNCIL MEETING DATE: 09/03/2024
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to receive a report on the installation of a Southern
California Edison (SCE) temporary power pole at the Ladera Linda Community Center.
RECOMMENDED COUNCIL ACTION:
(1)Receive and file this report and direct staff to continue processing a retroactive
encroachment permit for SCE to install a temporary power pole at the Ladera Linda
Community Center; and
(2)Direct Staff to continue monitoring SCE’s progress towards meeting all conditions,
including a permanent solution, and providing the City Council will periodic
progress reports ensuring that the temporary power pole will be removed from
Ladera Linda Community Center within the specified timeframes.
FISCAL IMPACT: There is no fiscal impact to the City.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Catherine Jun, Deputy City Manager
REVIEWED BY: Elena Gerli, City Attorney
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
1.Email Communication: SCE Authorization for Ladera Linda Pole at Alternate 1
Location (August 29, 2024) (page A-1)
BACKGROUND:
On Wednesday, August 21, 2024, Staff at the Ladera Linda Community Center
encountered an SCE crew initiating unpermitted and unannounced work to install a power
pole and guy wire in the outdoor recreational area east of the Community Center building
(see map below). The pole itself was intended to be placed in the bioswale directly to the
south of the guy wire. It was confirmed shortly thereafter that SCE had neither obtained
permits, approvals, or easements/licenses to install equipment on City property nor
communicated their intent to City Staff in advance . On that same day, the City
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immediately halted work and issued a formal stop work order, while initiating calls and
email communication with SCE to demand an explanation.
DISCUSSION:
In a series of email communications between SCE and City Staff, SCE indicated the need
to expeditiously install a power pole at Ladera Linda to continue providing power to
approximately 40 homes along the landward side of Dauntless Drive, of which a portion
lies in the west side of Seaview, which has been severely impacted by land movement.
SCE also cited that it had sufficient rights to place a pole in any public place, pursuant to
its Franchise Agreement with the City – although that interpretation has been strongly
contended by City Staff.
Given the importance of resolving the matter quickly and ensuring continued electrical
service to the Seaview community, the City called a meeting with SCE at Ladera Linda
Starting location of
unpermitted SCE work
for a guy wire
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Community Center on August 28. It was during the meeting that the intent and purpose
of the power pole was clarified.
SCE explained the need to decommission electrical infrastructure on the west end of
Dauntless Drive (near where it turns into Admirable Drive), because it is experiencing
extreme stress from active land movement; doing so would mitigate potential wildfire risks
in the event of a line break and reduce safety risk to SCE’s crews who repair equipment
on these poles.
Currently, that infrastructure feeds power to 40 homes along the landward side of
Dauntless Drive. To avoid a permanent outage, SCE developed plans to connect them
to existing infrastructure from the east end of Dauntless Drive, within the vicinity of Ladera
Linda Community Center. To do this expeditiously, SCE planned to install 1 pole at Ladera
Linda and 5 more along the right-of-way on Dauntless Drive. These new poles would
provide the Dauntless Drive homes with a connection to a power source that runs along
Forrestal Drive down to Palos Verdes Drive South. Establishing this connection would
then enable SCE to de-energize the failing electrical infrastructure on the west end of
Dauntless, thereby avoiding an outage for the 40 homes.
The City expressed strong opposition to the pole at Ladera Linda and sought alternative
routes that included undergrounding lines or obtaining easements from homeowners.
However, SCE indicated that those alternatives would require additional time to
implement and may result in indefinite outages for residents, and that SCE would be
compelled to move forward with decommissioning and de-energizing the failing electrical
infrastructure near the west side of Dauntless beginning the week of September 2.
As a result, City Staff, on August 29, 2024, authorized SCE to begin installation of the
pole at Ladera Linda Community Center outside of the bioswale (a location identified as
Alternative 1, which is where the guy wire was originally planned) and agreed to issue a
binding, retroactive encroachment permit holding SCE to the following conditions:
• SCE shall provide City with a detailed scope of work for the temporary pole prior
to construction, including the proposed location of the pole.
• The temporary pole shall be made of treated wood.
• The temporary pole shall not be installed in a bioswale or other sensitive use.
• When the temporary pole is removed, SCE shall restore the site to its original
condition, including but not limited to landscaping and pathway work.
• SCE shall maintain and repair the temporary pole, as needed, and in consultation
with City shall install signage to indicate the temporary nature of the installation.
• SCE shall provide City with bi-weekly updates (Tues/Thurs meetings or at other
times convenient to SCE and the City) on SCE’s work towards a permanent
solution.
• The temporary pole must be relocated within 6 months, with an option to extend
for 2 additional 3 month extensions, provided SCE makes good faith progress is
designing a permanent solution and maintains regular communication with the
City.
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• City does not interpret the 1974 franchise agreement to apply to the location of the
temporary pole.
• SCE shall indemnify and hold harmless the City in accordance with the provisions
of the Franchise Act of 1937.
On August 29, SCE accepted the conditions (see Attachment 2), and City Staff notified
the Seaview and Ladera Linda HOAs of the impending work. As of August 30, SCE has
begun preparing the scope of work and construction timeline for the temporary pole. City
Staff will also initiate work on the encroachment permit with the conditions above.
As soon as this new pole is installed, City and SCE will move forward with finding a
permanent replacement as soon as is practicable and will remove the pole at Ladera
Linda Community Center.
CONCLUSION:
Based on the above, Staff recommends the City Council receive and file this report and
to direct Staff to continue monitoring SCE’s progress towards meeting all conditions,
including a permanent solution, and providing the City Council will periodic progress
reports ensuring that the temporary power pole will be removed from Ladera Linda
Community Center within the specified timeframes.
ALTERNATIVES:
In addition to Staff’s Recommendations, the following alternative actions are available for
the City Council’s consideration:
1. Receive and file this report and take no other action.
2. Direct Staff to not issue a retroactive permit for a power pole to be placed at
Ladera Linda Community Park which would most likely result in power being
shut off to 40 residences along the landward side of Dauntless Drive.
2. Take other action as the Council deems appropriate.
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1
Catherine Jun
From:Celina Luna <CELINA.LUNA@SCE.COM>
Sent:Thursday, August 29, 2024 3:16 PM
To:Elena Gerli; Ara Mihranian
Cc:Catherine Jun; Robert Pontelle; Mark Rothenberg
Subject:Re: (External):SCE authorization for Ladera Linda pole at Alternate 1 location
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!.
Hi Elena and Ara,
This has been received and acknowledged. SCE accepts the conditions. Thank you again for all your hard work
during this emergency, particularly for working with us on this temporary solution. We look forward to continuing
to collaborate in this challenging, dynamic situation.
Regards,
Celina
Celina Luna
Government Relations Manager
Local Public Affairs
T. 626-302-5040 |PAX. 25040 | M. 213-523-8344| Email. celina.luna@sce.com
From: Elena Gerli <egerli@awattorneys.com>
Sent: Thursday, August 29, 2024 2:39 PM
To: Celina Luna <CELINA.LUNA@SCE.COM>; Ara Mihranian <AraM@rpvca.gov>
Cc: Catherine Jun <cjun@rpvca.gov>; Robert Pontelle <Robert.Pontelle@sce.com>; Mark Rothenberg
<mark.a.rothenberg@sce.com>
Subject: (External):SCE authorization for Ladera Linda pole at Alternate 1 location
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Dear Celina, this email is to authorize SCE to begin installation of the pole at the site in Ladera Linda Community Center
that we identified as Alternate 1 during the 8/28 meeting with the City. The City will issue a retroactive encroachment
permit with the following conditions:
A-1
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SCE shall provide City with a detailed scope of work for the temporary pole prior to construction, including the proposed
location of the pole.
The temporary pole shall be made of treated wood.
The temporary pole shall not be installed in a bioswale or other sensitive use.
When the temporary pole is removed, SCE shall restore the site to its original condition, including but not limited to
landscaping and pathway work.
SCE shall maintain and repair the temporary pole, as needed, and in consultation with City shall install signage to
indicate the temporary nature of the installation.
SCE shall provide City with bi-weekly updates (Tues/Thurs meetings or at other times convenient to SCE and the City) on
SCE’s work towards a permanent solution.
The temporary pole must be relocated within 6 months, with an option to extend for 2 additional 3 month extensions,
provided SCE makes good faith progress is designing a permanent solution and maintains regular communication with
the City.
City does not interpret the 1974 franchise agreement to apply to the location of the temporary pole.
SCE shall indemnify and hold harmless the City in accordance with the provisions of the Franchise Act of 1937.
Please confirm receipt and acceptance of the conditions for the encroachment permit.
Best,
Elena Q. Gerli
City Attorney
City of Rancho Palos Verdes
Elena Q. Gerli | Partner
she/her/hers
Aleshire & Wynder, LLP | 3701 Wilshire Blvd, Suite 725, Los Angeles, CA 90010
Tel: (310) 527-6660 | Dir: (424) 269-3345 | egerli@awattorneys.com
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