HomeMy WebLinkAbout12/18/01.ift
.; Zr4,
AGENDA
ADJOURNED REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, December 18, 2001 - 7:10 p.m.
Hermosa Valley School Multi -Purpose Room
1645 Valley Drive, Hermosa Beach
CALL TO ORDER
ROLL CALL
CONTINUATION OF PUBLIC HEARING ITEM 5A FROM THE MEETING OF
DECEMBER 11, 2001:
5. PUBLIC HEARINGS
a. PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT
PLAN NO. 01-10 TO ALLOW TYCOM NETWORKS INC. TO
INSTALL TWO UNDERGROUND FIBER OPTIC CABLES, EACH
WITH SELF-CONTAINED POWER, ONTO THE CONTINENTAL
SHELF AND LANDING AT TWO BEACH LOCATIONS WITHIN
THE CITY OF HERMOSA BEACH (A NORTH LANDING AT
LONGFELLOW AVENUE AND A SOUTH LANDING AT 2ND
STREET) WITH UNDERGROUND CABLE CONNECTIONS
LOCATED IN PUBLIC PROPERTY TO A CABLE STATION IN
REDONDO BEACH. Memorandum from Community Development
Director Sol Blumenfeld dated December 13, 2001.
RECOMMENDATION: Adopt resolutions:
• Adopting a Mitigation Monitoring Program, as amended, Findings and
Facts in Support of Findings and a Statement of Overriding
Considerations relating to air quality (Attachment No. 1),
• Approving the Planned Development Permit/Precise Development Plan
No. 01-10 with conditions;
• Finding the lease agreement for TyCom's use of City owned property is
consistent with the City's General Plan (Attachment No. 2); and,
• Approving the Easement Agreement.
ADJOURNMENT
Honorable Mayor and Members of the
Hermosa Beach City Council
December 13, 2001
Continued Meeting of
December 18, 2001
SUBJECT: PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN
(PDP) TO CONSTRUCT A SUBMARINE FIBER OPTIC CABLE SYSTEM
LOCATED AT THE BEACH AND ON CITY OWNED PROPERTY.
APPLICANT: TYCOM NETWORKS (US) INC.
10 PARK AVENUE
MORRISTOWN, NJ 07960
REQUESTS: PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN
NO. 01-10
Planning Commission Recommendation:
Adopt the attached Resolutions:
• Adopting a Mitigation Monitoring Program, as amended, Findings and Facts in Support
of Findings and a Statement of Overriding Considerations relating to air quality
(Attachment No. 1),
• Approving the Planned Development Permit/Precise Development Plan No. 01-10 with
conditions;
• Finding the lease agreement for TyCom's use of City owned property is consistent with
the City's General Plan (Attachment No. 2); and,
• Approving the Easement Agreement.
Background:
On December 11, 2001, the City Council continued the public hearing to provide additional time
to review the lease agreement, the PDP conditions and to incorporate proposed changes in these
documents. The City Council certified the Final Environmental Impact Report (FEIR) on
December 11, 2001, but did not take formal action on the Mitigation Monitoring Program, the
Findings and Facts in Support of Findings, the Statement of Overriding Considerations relating
to air quality, the Planned Development Permit/Precise Development Plan No. 01-10 with
conditions; finding the easement agreement for TyCom's use of City owned property is
consistent with the City's General Plan.
Analysis:
The City Council raised a number of questions and concerns about the project. In response, staff
has prepared the following revisions to the conditions and/or lease agreement as applicable and
detailed below.
58.
PDP Related Issues & Corresponding Change to Project Resolution
1. City Council directed that the project not be permitted in any portion of the Greenbelt.
Condition No. 1 has been revised to require that the Second Street cable alignment be
contained solely within the City streets and not be permitted within the Greenbelt.
However, TyCom is requesting that the City Council reconsider this requirement. Their
position is that installation of the cable in this portion of the Greenbelt would result in
less noise and less disruption, since using Valley Drive may result in closure during
trenching or long delays. TyCom's letter of reconsideration is attached (Attachment No.
4). Should the City Council concur with TyCom, Condition No. 1 will need to be
modified accordingly deleting reference to the restrictions on the use of the Greenbelt. If
Council does not support TyCom's request, TyCom will keep all work outside of the
Greenbelt. -
2. City Council directed staff to revise the conditions to address dealing with unacceptable
conditions that may be imposed by Coastal Commission.
Condition No. 3 has been modified to include the term "in effect , which ties the
condition more directly to the City's action in approving the project. The concerns about
unacceptable conditions imposed by the Coastal Commission are more directly addressed
in the lease.
3. City Council directed that upon retirement of the cable system that it be removed to a
minimum water depth from the beach manhole out, rather than to the end of the pier as
currently stated.
Condition No.11 has been modified to require the removal of the cable to be seven (7)
meters below mean lower low water level (which is considered zero (0) elevation). This
depth would result in the cable being removed beyond the surf zone and beyond the end
of the pier.
4. City Council directed the applicant be required to maintain a minimum reburial depth within
the beach and shoreline/surf zone to a depth of two meters.
Condition of Approval No.15 has been modified to reflect a two meter minimum burial
depth and requires TyCom to submit a reburial plan that requires review and approval by
the City. TyCom is concerned about this requirement. TyCom is submitting a summary
of their commitments regarding the initial burial depth and the reburial depths they feel
they can successfully achieve. If acceptable to the City Council, this provision would be
incorporated into Condition No. 15. In addition, TyCom will present the results of
additional sand migration information regarding the migration patterns on the beach at
the December 18`x' meeting (Attachment No. 5).
Page 2
5. City Council directed that the applicant be responsible for repaving of Second Street as part
of their installation of the cable system.
Condition No. 118 has been modified to require that TyCom be responsible for either full
street paving, following the installation of the cable in Second Street, or providing the
City with funds in an amount equivalent to the cost to repave Second Street. The Public
Works Director would have the discretion to make this determination.
6. City Council asked about revising the term "dusk" to "sunset."
This Planning Commission revision is found in Condition No. 62 that restricts the
construction on the beach to the hours of 8 a.m. to sunset, Monday through Friday.
7. City Council asked what would be included in the Noise Control Plan.
Mitigation Measures N-8 requires that only one piece of equipment be operated at any
time.
Mitigation Measure N-9 requires the applicant provide notice to residents and businesses
along the affected route by mail at least two weeks in advance of construction.
Mitigation Measure N-10 requires the formal preparation of a Noise Control Plan for
review an approval by the City prior to commencing construction, which would include
details on how the equipment noise would be muffled. The methods may include the use
of noise barriers, such as berms or fences, or other noise attenuation devices or noise
barriers to reduce the noise generated from the construction activities. If needed, the City
has the ability to utilize an acoustical engineer to review the plan and recommend
additional mitigation to help reduce the short-term noise impacts. In addition, TyCom
will be contracting the various equipment manufacturers to see if there is a difference in
equipment noise levels, or if the noise level is merely related to age of the equipment.
TyCom will attempt to use the least noisy vehicles available to them, however, they have
not selected a contractor for the beach segment of the project.
8. City Council asked what would be included in the Parking Control Plan.
Mitigation Measure T-7 requires the applicant submit the Parking Plan to the City for
review and approval. The plan would include showing the staging areas, the applicant's
employee parking areas, over night equipment parking areas, signage and traffic control
methods that would be used during construction, and access plans to resident and
business parking areas. This plan, reviewed and approved prior to commencing
construction, would be similar to those plans used by other public utility companies that
work in the City right of way.
Page 3
9. City Council asked for confirmation on the overall schedule to complete the project.
According to TyCom at the December 12`h meeting, the total time required for the beach
and terrestrial segments would be six to eight weeks. The marine segment and the
repaving of Second Street were not included in that estimate. TyCom is preparing a
overall schedule that may used as a basis for the lease, but they said it may be subject to
change once they get closer to start of construction (Attachment No. 6).
Lease related issues
Other issues that were raised regarding the lease are being addressed by the City Attorney and
TyCom's Attorney. The final lease provisions will be reviewed by the City Attorney.
Conclusion:
In summary, given that the proposed project environmental impacts have been reduced to a level of
insignificance with the exception of air quality and that, upon completion, the projectis entirely
underground and will not impact long term use of the beach and further that compensation received
through the lease agreement will provide long term funding for improvement of the beach, related
beach facilities and adjacent streets and walkways, staff recommends that the City Council approve
the project, subject to revised conditions in the attached Resolutions.
CONCUR:
Sol Blumenfeld, D rector
Community D; velopment Department
a41 WO A.
Stephe; I1,
City ager
Page 4
Bob Goldin,
Project Planner
Attachments
1. Resolution No. Certifying the Final Environmental Impact Report, including adopting a
Mitigation Monitoring Program, Findings and Facts in Support of Findings and a Statement
of Overriding Considerations relating to air quality
2. Resolution No. Planned Development Permit/Precise Development Plan No. 01-10,
finding the lease agreement is consistent with the General Plan
3. TyCom's e-mail revising the number of landings
4. TyCom's e-mail of reconsideration for use of the Greenbelt
5. Burial/reburial information (will be provided as a supplemental attachment)
6. Time, frames for project completion
cd.tycom. cc 12-18-01 report
Page 5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
TYCOM SUBMARINE FIBER OPTIC CABLE PROJECT;
ADOPTING A MITIGATION MONITORING PROGRAM;
ADOPTING THE FINDINGS AND FACTS IN SUPPORT OF
FINDINGS AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS
RELATING TO AIR QUALITY.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH HEREBY FINDS
ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. . On April 13, 2001, TyCom Global Networks Inc. (the
"Applicant") filed an application for a Precise Development Plan/Planned Development
Permit for a submarine fiber optic cable system to be located on city owned property (the
"Project") and on June 14, 2001 the application was deemed complete and has since been
revised from two cable landing points (one at Longfellow Avenue and one at Second
Street) to have only one cable landing point at Second Street that utilizes the direct burial
approach for installation of the beach segment of the Project.
SECTION 2. The City prepared an Initial Study for the Project pursuant
to Section 15063 of the State Guidelines implementing the California Environmental
Quality Act ("CEQA"). The Initial Study concluded that there was substantial evidence
that the Project might have a significant environmental impact on several specifically
identified resources and governmental services. The Initial Study was distributed for
public review on June 25, 2001 for a thirty (30) day period that ended on July 26, 2001.
SECTION 3. Pursuant to State CEQA Guidelines Sections 15064 and
15081, and based upon the information contained in the Initial Study, a decision was
made to prepare an Environmental Impact Report ("EIR") for the Project. A Notice of
Preparation of a Draft Environmental Impact Report ("DEIR") was prepared for the
Project and sent to the State Clearinghouse in the office of Planning and Research for the
State of California (EIR assigned number SCH No. 2001 061111) and to other
responsible, trustee, and/or interested agencies and persons. The City contracted with an
independent consultant for the preparation of the EIR.
SECTION 4. On July 12, 2001 the public scoping meeting was held after
being noticed by publication in the local press, by posting in the vicinity of the Project
Sites, at City Hall, and through an individual notification to all residents of the City. The
meeting provided an introduction to the project and the CEQA process, and provided an
opportunity for the public and interested agencies to comment on the issues to be
analyzed in the EIR.
SECTION 5. The DEIR was circulated to interested persons and agencies
between September 24, 2001, and November 7, 2001, for a 45 -day comment period
pursuant to State CEQA Guidelines Section 15087(c). In response to the circulation of
the DEIR, the City received written and oral comments regarding the adequacy of the
DEIR. The City prepared written responses to all comments, which may have potentially
raised significant environmental issues. On November 7, 2001, the circulation of DEIR
was completed. Pursuant to State CEQA Guidelines Section 15085, the City prepared a
Notice of Completion of the DEIR, which was filed by mail with the State Office of
Planning and Research on September 24, 2001. A copy of the Notice of Completion and
of the mailing list to agencies and interested individuals is included in the Final
Environmental Impact Report ("FEIR"). The City incorporated all comments received
and the City's responses into the FEIR and returned responses to commenting agencies at
least ten (10) days prior to the Certification of the FEIR, pursuant to Public Resources
Code Section 21092.5.
SECTION 6. The FEIR is comprised of the DEIR circulated on
September 24, 2001, including any revisions thereto; the list of persons, organizations
.and public agencies which commented on the DEIR, the comments which were received
by the City regarding the DEIR, and the City's written responses to significant
environmental points raised in the review and consultation process, each of which is
incorporated herein and made a part hereof by this reference.
SECTION 7: The City Council finds that the public and government
agencies have been afforded ample notice and opportunity to comment on the Initial
Study, DEIR, and FEIR.
SECTION 8. The City Council finds, pursuant to CEQA Guidelines
Section 15084(e), that the City has independently analyzed the EIR and that the EIR
represents the independent judgment of the City as lead agency with respect to the
Project. The City Council further finds that the additional information provided in the
staff reports accompanying the Project Description and EIR, the corrections and
modifications to the DEIR made in response to comments and the evidence presented in
written and oral testimony presented at the above -referenced hearing, do not represent
significant new information so as to require re -circulation of the EIR pursuant to Public
Resources Code Section 21092.1.
SECTION 9. The City Council finds that the comments regarding the
DEIR and the responses to those comments have been received by the City, that the City
Council has received public testimony regarding the adequacy of the FEIR, and that the
City Council, as the final decision-making body for the lead agency, has reviewed and
considered all such documents and testimony prior to acting on the Project. Pursuant to
State CEQA Guidelines Section 15090, the City Council therefore certifies that the FEIR
has been completed in compliance with CEQA.
SECTION 10. Based upon the Initial Study, the DEIR, the FEIR, public
and agency comments and the record before the City Council, City Council finds that the
Project will not cause significant environmental impacts in the areas of Mineral
Resources, Agricultural Resources, and Population/Housing. Explanations for why the
foregoing impacts were found to be insignificant are contained in the EIR and Initial
Study in Appendix A of the DEIR.
SECTION 11. The Initial Study identified some of the Project's effects as
"potentially significant." However, based upon the analysis presented in the DEIR and
the FEIR, and upon public and agency comments and the record before the City Council,
the City Council finds that the Project will not cause significant environmental impacts in
the following areas identified as "potentially significant" in the Initial Study in Appendix
A of the DEIR relating to Aesthetics, Air Quality (other than those impacts generated
from the marine segment), Biological Resources, Cultural Resources, Geology/Soils,
Hazards and Hazardous Materials, Hydrology/Water Quality, Land Use/Planning, Noise,
Public Services, Recreation, Transportation/Traffic, Utilities/Service Systems as
summarized below and further detailed in the EIR:
a. Aesthetics: The proposed project will not have a negative aesthetic effect on views
from the Strand, the beach and surrounding public areas. Following installation of
the fiber optic cable system, there are no visible above ground facilities. As a result,
the aesthetic impacts are reduced to level of insignificance. Further explanation for
these determinations may be found in Section 15 of the EIR.
b. Air Quality: The California Coastal Act requires that new development shall be
consistent with the requirements imposed by an air pollution control district or the
State Air Resources Control Board. Impacts of the project on air quality are
expected to be similar to those described for other cable projects. Air emissions
from the ocean segment installation will exceed daily allowable limits established
by the South Coast Air Quality Management District (SCAQMD). Over a period of
12 to 24 days, the marine cable installation activities generated from TyCom's sea
vessels will result in daily emissions that exceed the Southern California Air Quality
Management District (SCAQMD) thresholds for oxides of nitrogen, reactive organic
compounds, carbon monoxide and sulfur dioxide. The City, through the CEQA
process, has imposed mitigation measures out to three nautical miles; therefore, the
project is consistent with policies regarding protection of the rules and requirements
of the local air district as required by Section 30253(3) of the California Coastal
Act. A Statement of Overriding Considerations is required, as part of the approval of
the project, because the daily air quality thresholds will be exceeded for the marine
segment, even with mitigation. This issue is further discussed in the EIR, Chapter
13, Air Quality and Chapter 18, Significant and Unavoidable Impacts.
c. Biological Marine Resources: Impacts of the project on whales are expected to be
similar to those described for other projects and, with the mitigation measures
agreed to by TyCom will be less than significant. TyCom has agreed to bury the
marine cables, where feasible, in water depths of less than 1,200 meters. TyCom has
also agreed to attempt to retrieve fishing gear that may become snagged on the
cables and that subsequently could threaten whales. Given the mitigation measures
agreed to by TyCom, impacts on marine mammal entanglement will be less than
significant. Further explanation for these determinations may be found in Sections 7
and 9 of the EIR.
d. Biological Resources/Fisheries and Recreation: The California Coastal Act
requires that the economic, commercial and recreation importance of fishing
activities be recognized and protected. Impacts of the project on fisheries are
expected to be similar to those for other projects and, with mitigation measures
agreed to by TyCom, will be less than significant. TyCom has agreed to notify
commercial fisheries of the installation and repair activities two weeks in advance,
will bury the marine cables, where feasible, in water depths of less than 1,200
meters to reduce the likelihood that fishing gear will become snagged, will
compensate fishers for loss of gear and will hold harmless the fishers for
unintentional damage to the cable. Given the mitigation measures agreed to by
TyCom, impacts on fishers will be less than significant. Further explanation for
these determinations may be found in Sections 4 and 8 of the EIR.
e. Cultural Resources: The California Coastal Act requires reasonable mitigation
measures where development would adversely impact archaeological or
paleontological resources as identified by the State Historic Preservation Officer.
TyCom has agreed to have a qualified archaeologist monitor construction wherever
soil -disturbing activities could affect known or potential terrestrial cultural
resources. There are no known marine cultural resources along the marine routes.
Because shipwrecks could be present, TyCom has agreed to conduct marine surveys
under the direction of a qualified marine archaeologist. If potentially significant
marine cultural resources are identified, TyCom has agreed to reroute the cables and
avoid the potential resources. Given the mitigation measures agreed to by TyCom,
impacts on cultural resources will be less than significant. Further explanation for
these determinations may be found in Section 10 of the EIR.
f. Noise: The proposed project is considered a public utilities project and therefore is
not subject to restricted hours of construction stated in the State Health and Safety
Code. However, there will be noise generated during the short-term construction of
the terrestrial and marine activities. Mitigation measures and conditions of approval
have been recommended in the EIR to reduce the short-term noise impacts of
installation of the project. Restricting the hours of construction to 8 a.m. to sunset,
Monday through Friday, for construction on the beach is more restrictive than
currently permitted for general construction throughout the City. This limitation of
work hours should reduce the impacts to adjacent residential uses. In addition,.
conditions are recommended in the EIR to implement beach construction
operational constraints such as operating one piece of equipment at a time. Written
notification prior to start of construction by TyCom to residents will also be
required. Given the mitigation measures agreed to by TyCom, impacts from noise
will be less than significant. Further explanation for these determinations may be
found in Section 11 of the EIR.
g. Recreation: The proposed project will not be inconsistent with relevant plans and
policies, including the City General Plan and the Coastal Land Use Plan. The
California Coastal Act protects the public's right of access to the sea and protects
coastal areas suited for water -oriented recreational activities that cannot be
accommodated for readily in inland areas. During project construction, the public
will be precluded from using a portion of Hermosa Beach at the single cable landing
location at Second Street. If construction occurs during off peak months, this will
(I
be a minor impact, and visitors will use alternative recreational sites easily within 50
meters of the cable landings. However, if construction occurs during summer peak
usage, this impact may be significant (See Section 4 -Land Use, Marine Use and
Recreation). Impacts of the project on public access and recreation are expected to
be somewhat greater than those described for other cable projects; however with the
mitigation measures agreed to by TyCom, the impacts will be less than significant.
The applicant has agreed to compensate the City for public access impacts by
paying money to the City to fund improvements for recreational activities and
maintenance of the beach, adjacent streets, walkways, public parking areas; storm
drains and the pier. Therefore the project is consistent with the policies regarding
protection of the public's right of access and accommodation of recreation and the
impacts are reduced to level of insignificance. Further explanation for these
determinations may be found in Section 4 of the EIR.
h. Transportation: Transportation impacts will be considered significant if the
project:
• Causes an increase in traffic that is substantial in relation to the existing a
traffic load and capacity of the street system;
• Exceeds, either individually or cumulatively, LOS standards;
• Results in inadequate emergency access;
• Results in inadequate parking capacity;
• Disrupts or delays marine traffic to local ports or harbors; or
• Creates navigational hazards to marine traffic due to project vessels in the
marine area.
Activities associated with the terrestrial construction will include directional boring
and trenching, and will entail use of heavy equipment. The required traffic control
plan will conform to the specifications required by the construction and
encroachment permits of Hermosa Beach and Redondo Beach. The proposed route
does not traverse signalized intersections with a LOS of D or worse. Construction in
front of a specific residential or commercial driveway is likely to last no longer than
3 hours to 4 hours. Access to each driveway will be maintained using steel plates
over open trenches. The pedestrian and bicycle circulation network will not be
(2
impacted from the terrestrial operation of the cable lines. The cable will be below
the surface and will require no routine maintenance. During. cable installation in
public streets, one lane of traffic will be closed. During terrestrial construction,
approximately 14 parking spaces will be displaced during each day of construction.
Displaced parking will advance along the route at the same rate as the construction.
During working hours, all equipment will be located within the cordoned -off
construction area. During non -working hours, all major equipment necessary for the
immediate work will be parked in the designated work zone for the next day's
work. Staging of equipment will be contained within Hermosa Beach or Redondo
Beach, will not utilize existing downtown parking lots. The main staging area will
be located in Redondo Beach at the southern city limit of Hermosa Beach at a
vacant lot under the overhead power transmission lines. Standard construction
cones, signs, and traffic control personnel will be used to direct pedestrians. Staging
areas on the beach will not include employee parking and therefore will not displace
beach parking. Employees will be shuttled to and from the construction site so that
public parking spaces will not be used by the construction crews. Given the
mitigation measures agreed to by TyCom, impacts on transportation and parking
will be less than significant. Further explanation for these determinations may be
found in Section 12 of the EIR.
SECTION 12. Based upon the Initial Study, the EIR, public comments
and the record before the City Council, the City Council finds that the Project may create
significant impacts in the areas of Air Quality, Biological Resources, Cultural Resources,
Geology/Soils, Hazards and Hazardous Materials, Hydrology/Water Quality, Land
Use/Planning, Noise, Public Services, Recreation, Transportation/Traffic,
Utilities/Service Systems. The Project may create significant cumulative impacts in the
areas of Air Quality. However, with the exceptions of short-term construction impacts
and cumulative air quality impacts from increased vessel emissions during the installation
of the ocean segment, the EIR identifies feasible mitigation measures for each impact that
reduce the impact to a level of insignificance. With regard to construction and cumulative
air quality impacts from vessel emissions, the EIR identifies mitigation measures that will
13
substantially lessen each impact. Further explanation for these determinations may be
found in the EIR.
SECTION 13. In response to each potentially significant impact identified
in the EIR, and listed in Section 12 of this Resolution, changes or alterations are hereby
required in, or incorporated into, the Project, which avoid or substantially lessen the
significant environmental impacts identified. Each such change or alteration shall be a
condition of approval of the Project. The changes or alterations required in, or
incorporated into, the Project, and a brief explanation of the rationale for this finding with
regard to each impact, are contained in Exhibit "A" and Exhibits No. 1 and No. 2 of this
Resolution and are incorporated herein by this reference.
SECTION 14. The FEIR describes, and the City Council has fully
considered, a reasonable range of alternatives to the Project, which might fulfill the basic
objectives of the Project. These alternatives include 1) the "No Project" alternative,
2) Alternative route with a cable landing site in Manhattan Beach that was identified to
reduce the potential impact to fishers and whales; 3) Terrestrial Route for Segment #5
which would have many more environmental impacts than would Segment 5, but would
reduce the marine impacts; 4) One cable landing site rather than two in Hermosa Beach
to reduce the noise, traffic, timeframes and public access impacts associated with two
cable sites. This alternative would reduce beach and terrestrial impacts, but would not
reduce the marine impacts; 5) Terrestrial route using existing fiber which would require
TyCom to lease multiple routes of existing fiber and would not fulfill TyCom's objective
to provide their customers with reliable and uninterrupted service diverse from the
terrestrial corridors, alternative; 6) Boring to the cable landing rather than trenching
which does not allow for route segment diversity and does not meet the project the
objectives, making this alternative infeasible; and 7) Alternative fiber optic cable
installation method in the beach, including the use of the direct burial method, which
would reduce the time needed to install the fiber optic cable, would reduce the impacts on
beach access, recreation and noise, but would have similar impacts on the marine
segment.
The alternatives identified in the EIR, would not sufficiently achieve the basic objectives
of the Project or would do so only with unacceptable adverse environmental impacts with
the exception of the direct burial method and a single cable landing alternatives.
Accordingly, and for any one of the reasons set forth herein, in the EIR or in the
"Statement of Findings and Facts in Support of Findings" attached hereto as Exhibit "A,"
the City Council finds that specific economic, operational or other considerations make
infeasible each of the Project . alternatives, including the "No Project" alternative,
identified in the EIR and each is hereby rejected, with the exception of the direct burial
method and a single cable landing point alternatives. The City Council further fords that
a good faith effort was made to incorporate alternatives into the preparation of the EIR,
and that all reasonable alternatives were considered in the review process of the EIR and
the ultimate decision on the Project, including the requirement for TyCom to use the
direct burial method and a single cable landing point at 2nd Street.
SECTION 15. Pursuant to Section 65402 of the Government Code,
Restriction on the Acquisition and Disposal of Real Property, the City shall not lease any
real property until the location, purpose and extent of such disposition has been submitted
to and reported upon by the Planning Commission as to the conformity of the lease with
the adopted General Plan or part thereof.
SECTION 16. The Planning Commission held duly noticed public
hearings on November 20, and December 5, 2001 to consider recommending to City
Council to certify the FEIR, adopt a Mitigation Monitoring Program, adopt a Statement
of Overriding Considerations relating to Air Quality, approval of the submarine fiber
optic cable system and to find that the lease agreement is consistent with the City's
General Plan.
SECTION 17. The City Council held a duly noticed public hearing on
December 11, 2001 and December 18, 2001 to consider certifying the FEIR, adopting a
Statement of Overriding Considerations relating to Air Quality, approving the submarine
fiber optic cable system and finding that the lease agreement is consistent with the City's
General Plan. Having heard and considered all oral and written testimony, including staff'
reports, the Final Environmental Impact Report and all relevant evidence and argument,
the City Council hereby finds as follows:
A. The fiber optic cable project will be located on city owned property and within the
public right-of-way.
B. The beach segment of the proposed Project is consistent with the General Plan
designations for "OS" (Open Space) and the remaining segments are within public
right-of-way or the ocean and thus have no General Plan designation.
C. As conditioned, the fiber optic cable project will conform to all applicable zoning
regulations.
D. The recommended terms of the lease would be for a period of twenty-five years and
cover the installation, maintenance, operation and retirement of the fiber optic cable
project. The City would receive compensation for the use of city property based on
the appraised fair market value of the land and its' locations. The City will direct
those funds to beach related public improvements. These revenues would be used to
offset the City's current costs to maintain and/or renovate the beach, storm drains,
adjacent streets, walkways, public parking areas, the lifeguard building on the pier
and the pier. It will also allow the City to have funds to upgrade the three beach
bathrooms, plus construct one new bathroom near the pier. The lease will also cover
TyCom's obligation to fund the implementation the mitigation monitoring program
and City inspection costs during construction. In additional, the revenues generated
and the use of those revenues are consistent with the terms of the grant for the use of
Trust lands, which in this case is seaward of mean high tide and that the lease is
sufficient to offset the temporary loss of the beach during construction and the use of
city property for the life of the lease.
E. The proposed project and lease agreement for TyCom's use of the City owned
property, is in conformance with the goals of the General Plan that call for:
• The protection of public recreation areas, in that compensation, via the lease
agreement, will be provided to the City to offset the temporary loss of the use of
the beach and will be used to enhance access to and improvements for the beach.
Installation is proposed to occur prior to the peak summertime usage to minimize
the impacts on the beach -going public. This project will not diminish the amount
of public open space and natural resources available to the City. With full
mitigation and the recommended conditions of approval, the project is considered
consistent with the Open Element of the City's General Plan.
• The Land Use Element seeks to minimize conflicts between nonresidential land
uses and residential properties, in that the Land Use Element does allow
appropriate private interests to lease public facilities and properties. The fiber
optic cables will be buried on the beach and in the street or greenbelt and therefore,
will not create any adverse aesthetic or land use impacts, and following installation,
will not create any noise, light, vibration or smell.
• The prohibition of commercial development in open space areas that would
adversely affect public use and the natural environmental benefits, in that this fiber
optic cable project is considered a public facility, public utility/structure and a
public corridor under the FCC and not a commercial development.
• Preserving and enhancing the environment and the natural resources, including
the ocean and City beaches, in that the fiber optic cables will be buried on the
beach the street or greenbelt, and either buried or laid on the sea floor, therefore
the presence of these fiber optic cables will not be in conflict with the goals of the
General Plan and Zoning Ordinance relating to preserving open space or
protecting the beach and ocean as a natural resource.
• Reducing and minimizing the various sources of noise, in that the City has
restricted the hours of construction to 8 a.m. to sunset, Monday through Friday for
construction on the beach and imposed conditions to implement operational
constraints such as operating one piece of equipment at a time when on the beach.
i7
• Minimizing the intrusion of traffic and parking into the residential areas, in that a
traffic and parking control plan is required from TyCom to be reviewed and
approved by the City prior to construction. The traffic and parking control plan
includes ensuring emergency access is maintained, that residents and businesses
are to be provided advance notification of construction or parking that may be
temporarily displaced, requirements for off-site staging areas of equipment, and
hours of work in the rights of way to be approved by the City.
• Maintaining bike paths and pedestrian ways, in that all bike and pedestrian ways
will be maintained during construction and any temporary detours required are
safe and convenient.
F. The proposed Project is consistent with the goals and objectives of the Draft Local
Coastal Plan, in that the amendments to the Land Use Plan in the Draft Local Coastal
Program (LCP) address three main categories: parking and access, coastal recreation
access, and coastal development. As proposed and mitigated, the project would be
consistent with the City's Draft LCP.
G. The City Council has independently reviewed and certified a project Environmental
Impact Report ("the EIR") (State Clearinghouse No. 2001 061111) and Mitigation
Monitoring Program in conformance with the California Environmental Quality Act
("CEQA") and the CEQA Guidelines (Title 14, California Code of Regulations
Section 15000 et seq.) through the adoption of this Resolution. Because the EIR
identified significant unavoidable environmental impacts (even with recommended
mitigation) from the project relating specifically to air quality emissions from vessels
during.the installation of the ocean segment, on December 11, 2001, the City Council
balanced the benefits of the proposed project against the unavoidable risks and
certified the FEIR, pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15093 (a).
SECTION 18. On December 11, 2001, the City Council, based upon the
foregoing findings, and having heard and considered all oral and written testimony,
/8
including staff reports, the Final Environmental Impact Report and all relevant evidence
and argument, certified the FEIR for the project.
SECTION 19. On December 18, 2001, the City Council hereby makes the
findings contained in the "Statement of Findings and Facts in Support of Findings"
attached hereto as Exhibit "A" with respect to each of the significant impacts defined in
the FEIR and the alternatives analysis. Further, the City Council hereby finds that each
fact in support of finding is true and is based upon substantial evidence in the record,
including the FEIR.
SECTION 20. On December 18, 2001, the City Council, based upon the
foregoing findings, hereby:
1. Adopts a Statement of Overriding Considerations relating to Air Quality, and
makes the findings contained in the "Statement of Findings and Facts in Support
of Findings" attached hereto as Exhibit "A" with respect to each of the significant
impacts defined in the FEIR and the alternatives analysis, pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 15093 (a).
2. Finds that each fact in support of the finding is true and is based upon substantial
evidence in the record, including the FEIR.
3. Adopts the Mitigation Monitoring Program. attached hereto and incorporated
within as Exhibit No. 1.
4. Incorporates the Supplemental Environmental Analysis further assessing the
single landing point option utilizing the direct burial approach as initially
analyzed in the DEIR attached hereto and incorporated within as Exhibit No. 2.
SECTION 21. Upon approval of this Resolution, the Director of
Community Development is hereby directed to file a Notice of Determination with the
County Recorder's office, County of Los Angeles, and the California State Clearinghouse
pursuant to Section 21152 of the Public Resources Code.
SECTION 22. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of December 2001.
President of the City Council and Mayor of the City of Hermosa Beach, California
President of the City Council and Mayor of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
F:\B95\CD\TyCom\CC ResoRevision for EIR 12-18.doc (12-13-01)
o2a
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING
PRECISE DEVELOPMENT PLAN/PLANNED
DEVELOPMENT PERMIT NO. 01-10 FOR TYCOM'S
SUBMARINE FIBER OPTIC CABLE PROJECT AND
FINDING THAT THE LEASE AGREEMENT FOR
TYCOM'S USE OF CITY OWNED PROPERTY IS
CONSISTENT WITH THE CITY'S GENERAL PLAN.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH HEREBY FINDS
ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. On April 13, 2001, TyCom Global Networks Inc. (the
"Applicant") filed an application for a Precise Development Plan/Planned Development
Permit for a submarine fiber optic cable system to be located on city owned property (the
"Project") and on June 14, 2001 the application was deemed complete and has since been
revised from two cable landing points (one at Longfellow Avenue and one at Second
Street) to have only one cable landing point at Second Street that utilizes the direct burial
approach for installation of the beach segment of the Project.
SECTION 2. The City prepared an Initial Study for the Project pursuant
to Section 15063 of the State Guidelines implementing the California Environmental
Quality Act ("CEQA"). The Initial Study concluded that there was substantial evidence
that the Project might have a significant environmental impact on several specifically
identified resources and governmental services..
SECTION 3. Pursuant to State CEQA Guidelines Sections 15064 and
15081, and based upon the information contained in the Initial Study, a decision was
made to prepare an Environmental Impact Report ("EIR") for the Project. A Notice of
Preparation of a Draft Environmental Impact Report ("DEIR") was prepared for the
Project and sent to the State Clearinghouse in the office of Planning and Research for the
a-1
State of California (EIR assigned number SCH No. 2001 061111) and to other
responsible, trustee, and/or interested agencies and persons. The City contracted with an
independent consultant for the preparation of the EIR.
SECTION 4. The findings made in this Resolution are based upon the
information and evidence set forth in the EIR and upon other substantial evidence that
has been presented in the record of this proceeding. The documents, staff reports, plans,
specifications, and other materials that constitute the record of proceedings on which this
Resolution is based and the EIR for the Project are on file and available for public
'examination during normal business hours in the Community Development Department
of the City of Hermosa Beach, 1315 Valley Drive, Hermosa Beach, California 90254.
The custodian of said records is the Community Development Director of the City of
Hermosa Beach.
SECTION 5. Pursuant to Section 65402 of the Government Code,
Restriction on the Acquisition and Disposal of Real Property, the City shall not lease any
real property until the location, purpose and extent of such disposition has been submitted
to and reported upon by the Planning Commission as to the conformity of the lease with
the adopted General Plan or part thereof.
SECTION 6. The Planning Commission held duly noticed public
hearings on November 20, and December 5, 2001 to consider recommending to City
Council to approve PDP No. 01-10 and to find that the lease agreement is consistent with
the City's General Plan.
SECTION 7. The City Council held a duly noticed public hearing on
December 1 I, 2001 to consider approval of PDP No. 01-10 and to find that the lease
agreement is consistent with the City's General Plan. Having heard and considered all
oral and written testimony, including staff reports, the Final Environmental Impact
Report and all relevant evidence and argument, the City Council hereby finds as follows:
22-
A. The fiber optic cable project will be located on city owned property and within the
public right-of-way.
B. The beach segment of the proposed Project is consistent with the General Plan
designations for "OS" (Open Space) and the remaining segments are within' public
right-of-way or the ocean and thus have no General Plan designation.
C. As conditioned, the fiber optic cable project will conform to all applicable zoning
regulations.
D. The recommended terms of the lease would be for a period of twenty-five years and
cover the installation, maintenance, operation and retirement of the fiber optic cable
project. The City would receive compensation for the use of city property based on
the appraised fair market value of the land and its' locations. The City will direct
those funds to beach related public improvements. These revenues would be used to
offset the City's current costs to maintain and/or renovate the beach, storm drains,
adjacent streets, walkways, public parking areas, the lifeguard building on the pier
and the pier itself. It will also allow the City to have funds to upgrade the three beach
bathrooms, plus construct one new bathroom near the pier. The lease will also cover
TyCom's obligation to fund the implementation the mitigation monitoring program
and City inspection costs during construction. In additional, the revenues generated
and the use of those revenues are consistent with the terms of the grant for the use of
Trust lands, which in this case is seaward of mean high tide and that the lease is
sufficient to offset the temporary loss of the beach during construction and the use of
city property for the life of the lease.
E. The proposed project and lease agreement for TyCom's use of the City owned
property, is in conformance with the goals of the General Plan that call for:
• The protection of public recreation areas, in that compensation, via the lease.
agreement, will be provided to the City to offset the temporary loss of the use of
the beach and will used to enhance access to and improvements for the beach.
)3
Installation is proposed to occur prior to the peak summertime usage to minimize
the impacts on the beach -going public. This project will not diminish the amount
of public open space and natural resources available to the City. With full
mitigation and the recommended conditions of approval, the project is considered
consistent with the Open Element of the City's General Plan.
• The Land Use Element seeks to minimize conflicts between nonresidential land
uses- and residential properties, in that the Land Use Element does allow
appropriate private interests to lease public facilities and properties. The fiber
optic cables will be buried on the beach and in the street or greenbelt and therefore,
will not create any adverse aesthetic or land use impacts, and following installation,
will not create any noise, light, vibration or smell.
• The prohibition of commercial development in open space areas that would
adversely affect public use and the natural environmental benefits, in that this fiber
optic cable project is considered a public facility, public utility/structure and a
public corridor under the FCC and not a commercial development.
• Preserving and enhancing the environment and the natural resources, including
the ocean and City beaches, in that the fiber optic cables will be buried on the
beach the street or greenbelt, and either buried or laid on the sea floor, therefore
the presence of these fiber optic cables will not be in conflict with the goals of the
General Plan and Zoning Ordinance relating to preserving open space or
protecting the beach and ocean as a natural resource.
• Reducing and minimizing the various sources of noise, in that the City has
restricted the hours of construction to 8 a.m. to sunset, Monday through Friday for
construction on the beach and imposed conditions to implement operational
constraints such as operating one piece of equipment at a time when on the beach:
• Minimizing the intrusion of traffic and parking into the residential areas, in that a
traffic and parking control plan is required from TyCom to be reviewed and
approved by the City prior to construction. The traffic and parking control plan
includes ensuring emergency access is maintained, that residents and businesses
are to be provided advance notification of construction or parking that may be
atr
temporarily displaced, requirements for off-site staging areas of equipment, and
hours of work in the rights of way to be approved by the City.
• Maintaining bike paths and pedestrian ways, in that all bike and pedestrian ways
will be maintained during construction and any temporary detours required are
safe and convenient.
F. The proposed Project is consistent with the goals and objectives of the Draft Local
Coastal Plan, in that the amendments to the Land Use Plan in the Draft Local Coastal
Program (LCP) address three main categories: parking and access, coastal recreation
access, and coastal development. As proposed and mitigated, the project would be
consistent with the City's Draft LCP.
G. The City Council has independently reviewed and certified a project Environmental
Impact Report ("the EIR") (State Clearinghouse No. 2001 061111) and Mitigation
Monitoring Program in conformance with the California Environmental Quality Act
("CEQA") and the CEQA Guidelines (Title 14, California Code of Regulations
Section 15000 et seq.) through the adoption of this Resolution. Because the EIR
identified significant unavoidable environmental impacts (even with recommended
mitigation) from the project relating specifically to air quality emissions from vessels
during the installation of the ocean segment, the City Council balanced the benefits of
the proposed project against the unavoidable risks and certified the FEIR and adopted
a statement of overriding considerations relating to air quality pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 15093 (a).
SECTION 8. Based upon the foregoing findings, the City Council hereby:
1. Approves the Precise Development Plan/Planned Development Permit No. 01-10,
deemed complete on June 14, 2001, and as revised, subject to the following
conditions and the mitigation measures summarized below, (with the complete list of
requirements for each applicable Mitigation Measure detailed in the EIR) and the
Mitigation Monitoring Program attached hereto and incorporated within as Exhibit
No. 1.
2S
2. Finds that the lease agreement between the City of Hermosa Beach and TyCom
submarine fiber optic cable project is consistent with the City's General Plan.
PLAN, DEVELOPMENT AND USE REQUIREMENTS
1. The construction and continuing use of the Project shall conform to the applicable
submitted plans and the Mitigation Monitoring Program reviewed and approved
by the City Council for a single landing site at 2nd Street, utilizing direct burial
method of installation and the requirement that the grounding beds on the beach
be located a minimum of 100 feet from the nearest residential property line. 'the
:.:ltd: ���t �iign#rt��t1 sTx�11 �#t�ltalned t[�.f�11�
ut tizing he Any minor deviations from the approved plans
relating to construction staging areas or alignments shall be reviewed and may be
approved by the Community Development Director.
Prior to issuance of construction permits, project plans shall be reviewed and
approved by the Community Development Department and Public Works
Department for consistency with the applicable plans reviewed and approved by
the Planning Commission and City Council.
3. Prior to issuance of construction permits, the lease shall be fully executed an
of eet for use of city owned property in connection with the Project.
Prior to issuance of construction permits, TyCom shall provide evidence to the
City of Hermosa Beach that all required permits from other applicable permitting
agencies have been obtained.
5. Design, construction, and continuing use of the Project shall comply with all
requirements of the City, including, but not limited to Public Works and Fire
Departments.
aG
6. Pursuant to Section 17.50 of the Zoning Code, the Precise Development
Plan/Planned Development Permit shall be null and void within eighteen months
from the date of execution of the lease agreement unless construction permits
have been obtained.
B. LAND USE/MARINE USE/RECREATION (see the Mitigation Monitoring
Program and EIR for a complete list of requirements associated with each of the
following mitigation measures which are summarized below)
7. Pursuant to Mitigation Measure #MU/LU/R-1: TyCom shall keep its Notice to
Mariners current by providing written update notices to the Commander, Eleventh
Coast Guard District, 501 West Ocean Boulevard, Long Beach California 90802,
every two weeks during project installation.
Pursuant to Mitigation Measure #MU/LU/R-2: Similar to the Notice to Mariners,
TyCom shall provide notice to Department of Conservation, U.S. Navy,
California Coastal Commission (CCC), and the Cities of Hermosa Beach and
Redondo Beach two weeks before commencement of marine cable installation.
9. Pursuant to Mitigation Measure #MU/LU/R-3: After the marine alignments have
been installed, TyCom shall submit as -laid plans, including depth of burial from
the mean high tide to 1,800 -meter water depth, to the Department of
Conservation, U.S. Navy, CCC, and the Cities of Hermosa Beach and Redondo
Beach.
10. Pursuant to Mitigation Measure #MU/LU/R-4: Every 18 months for the life of
the project, or at a modified frequency if authorized by the CCC, TyCom shall
survey the marine alignments from mean high-water line to the 1,200 -meter
seawater depth mark to verify that the alignments have remained buried consistent
with the as -laid plans detailed in Mitigation Measure #MU/LU/R-3.
2?
11. Mitigation Measure #MU/LU/R-5: Ninety days before taking the marine cables
out of service or expiration of the submerged land lease or permits with Hermosa
Beach, TyCom shall apply for amendments to all applicable marine permits to
retire abandon, a don or remove the cable. %ecatil�e��� �`stes'�id�`��als�socrated:
COYin
�..... ... _ - t.be.remnved;.li'rom..the.�tea;eh 3n�ni�ale:au�•p�s�.;
: ii::
pier•acrd to a water d epth level of sev
ate level(
11
;:.(see DEIR for other requirements and detailed discussion)
12. Pursuant to Mitigation Measure #MU/LU/R-6: TyCom shall protect public safety
by preventing public access to the marine construction zone by using barriers,
buoys, or other controls in an manner approved by the CCC or other applicable
permitting agency.
13. Pursuant to Mitigation Measure #MU/LU/R-7: TyCom's payments to the City
pursuant to the lease shall, in part, compensate the City of Hermosa Beach for the
displacement of the beach and use of public property by providing monetary
compensation to fund beach -related improvements, reimbursement of costs for
City inspections and other terms identified in the lease.
14. Pursuant to Mitigation Measure #MU/LU/R-8: TyCom shall schedule the
construction of the project to avoid construction during peak summer use of the
beach and in areas where access to the beach would be affected, unless otherwise
authorized by the City and CCC.
15. Pursuant to Mitigation Measure #MU/LU/R-9: TyCom shall submit a plan to the
City of Hermosa Beach Community Development Director and Public Works
Directors for City and CCC approval showing how TyCom will ensure that the
cable stays buried in the shoreline area such that it won't impact beach users. In
the event the cable becomes exposed, TyCom shall initiate actions to rebury the
cable in a manner and time frame approved by the Director of Public Works.
�m l~alt be re.spansTble for maintaining a bu
ra
ie
least tWa
meters t „fit,:#h level
..................................
..................................
ktitP.4 rased..
linen
In addition, TyCom shall maintain adequate slack in the cable pay out of the
manhole during the initial installation, in the event the cable later becomes
exposed on the beach, along the shoreline or out a distance comparable to the end
of the pier and reburial of the cable is required.
The City, at its discretion, shall have the ability to require TyCom to rebury the
cable at the lowest sand migration period of the year to ensure future exposure of
the cable is minimized. Prior to reburial, a reburial plan shall be submitted to the
City for review and approval and TyCom shall obtain all required applicable
permits.
16. Pursuant to Mitigation Measure #MU/LU/R-10: TyCom shall submit detailed
engineering (plan, profile and cross section) as -laid plans of the nearshore and
beach areas (30 meter sea water depth mark to the western edge of The Strand)
along the cable alignments including depth of burial to the CCC, County of Los
Angeles Lifeguards and Hermosa Beach. The cable location shall be recorded to
national map standard accuracy.
17. Pursuant to Mitigation Measure #MU/LU/R-11: TyCom shall fence the staging
areas and cover the fence with screening acceptable to the Community
Development Director to prevent public access and reduce the visibility of
construction activities.
18. Pursuant to Mitigation Measure #MU/LU/R-12: TyCom shall provide written
notice to the City of Los Angeles, City of El Segundo, City of Lawndale, City of
Manhattan Beach, City of Redondo Beach, and City of Torrance one month prior
to the commencement of construction to alert these municipalities that a portion
of the beach will be closed, the length of time it will be closed and to provide a
telephone number for answers to questions regarding the project.
19. Pursuant to Mitigation Measure #MU/LU/R-13: A week before preparation of
staging and construction areas, TyCom, shall relocate any affected existing
municipal facilities on the beach as directed by the City.
20. Pursuant to Mitigation Measure #MU/LU/R-14: One month before
commencement of construction, TyCom shall coordinate with the Caltrans,
County of Los Angeles Lifeguards and Hermosa Beach to provide signage along
the Pacific Coast Highway, Hermosa Avenue, Longfellow Avenue, Second Street,
Pier Avenue and at the beach, to alert visitors that a part of the beach will be
closed, the length of time it will be closed and a telephone number for answers to
questions regarding the project. Notice will also be given to local residents
through announcement in The Beach Reporter and on the City of Hermosa
Beach's website.
21. Pursuant to Mitigation Measure #MU/LU/R-15: TyCom shall ensure that access
to The Strand is not disrupted for more than 4 hours at any location. Detours to
maintain access will be marked and designed to protect public safety in a manner
approved by the Director of Public Works.
22. Pursuant to Mitigation Measure #MU/LU/R-16: Before initiating construction,
TyCom shall coordinate with Hermosa Beach and provide signage along the
length of all affected roads to advise bicyclists of the temporary construction and
the estimated period of construction along these routes in an manner approved by
the Director of Public Works.
23. Pursuant to Mitigation Measure #MU/LU/R-17: During construction of segments
at pedestrian or bike paths, the construction crews will keep all construction
equipment and trenching equipment Off the paved roadway or it will be
maintained to the maximum extent feasible to allow bicyclists to continue to use
3D
the road or detours. Otherwise, alternate routes may be required in a manner and
location approved by the Director of Public Works.
24. Pursuant to Mitigation Measure #MU/LU/R-18: During construction when
equipment is located in the roadway, the project applicant shall provide flag
persons to guide pedestrian, bicyclists and motor vehicles past the construction
zone required in an manner and location approved by the Director of Public
Works.
25. Pursuant to Mitigation Measure #MU/LU/R-19: Upon completion of construction,
the project applicant shall repair all pedestrian bicycle lanes and roadways that
have been damaged by the construction process to City standards (or other
jurisdictional standards such as the Caltrans if applicable) in an manner and
location approved by the Director of Public Works.
26. Pursuant to Mitigation Measure #MU/LU/R-20: TyCom shall maintain access to
neighborhood businesses, including parking lots, at all times during project
construction in an manner approved by the Director of Public Works.
C. GEOLOGY/SOILS/MINERAL RESOURCES (see the Mitigation Monitoring
P1 agai , and EIR for a complete list of requirements associated with each of the
following mitigation measures, which are summarized below)
27. Pursuant to Mitigation Measure #G-1: All components shall be built to City -
approved standards, incorporating appropriate seismic design standards.
28. Pursuant to Mitigation Measure #G-2: If any alterations are made to the route
aligning within 50 feet of any oil and gas wells, the wells should be identified and
flagged in the field so that all construction activities will avoid them. If the route
collides with a well, the immediate area will be evacuated and flagged off CDC,
Division of Oil and Gas, will be notified immediately. The construction
3)
supervisor will initiate consultation with the division for remedial operations. In
the event of collision with a well outside the 3 statute mile line, the Mineral
Management Service will be contacted.
29. Pursuant to Mitigation Measure #G-4: Trench backfilling shall begin
immediately after the cable is placed in the trench. Backfill material will be
compacted to eliminate erosion and sand settlement in conformance with the
specifications of the City of Hermosa Beach, in an manner approved by the
Hermosa Beach Director of Public Works and when in the City of Redondo
Beach in an manner approved by the Redondo Beach Director of Public Works.
D.. WATER RESOURCES (see the Mitigation Monitoring Program and EIR for a
complete list of regrrireme» is associated with each of the following mitigation
measures, which are summarized below)
30. Pursuant to Mitigation Measure #W-1: TyCom shall have a shipboard oil
pollution emergency plans (SOPEPs) for their installation, repair, and monitoring.
The SOPEPs shall comply with International Convention for the Prevention of
Pollution from Ships (MARPOL) Annex 1.
31. Pursuant to Mitigation Measure #W-2: The primary work vessel shall carry on
board a minimum of 122 m. (400 feet) of sorbent boom, five bales of sorbent pads
at least 45cm by 45cm (18 inches by 18 inches) square and a small powered boat
for rapid deployment to contain and clean up any small spill or sheen on the water
surface.
32. Pursuant to Mitigation Measure W-3: Proposed marine activities shall not require
the exchange of ballast in waters less than 22.2 kilometers off -shore (12 nautical
mile [(nm]). Ballast water management, record keeping and reporting shall be in
compliance with applicable MARPOL and USCG regulations.
32-
33. Pursuant to Mitigation Measure W-4: TyCom related vessels shall not discharge
untreated sewage into marine waters less than 22.2 kilometers off -shore (12
nautical miles). Vessels must be equipped to collect and contain or treat sewage
wastes. Vessels shall not discharge untreated bilge water to the marine waters
less than 22.2 kilometers off -shore (12 nautical miles). Treatment and handling of
sewage, bilge water, and deck drainage shall be in accordance with applicable
MARPOL and USCG regulations.
34. Pursuant to Mitigation Measure W-5: All TyCom work vessels shall maintain a
logbook to keep track of all debris created by objects of any kind that may fall
into waters within the jurisdictional areas of permitting agencies. Types, date,
time, and location of debris that enters water during offshore operations shall be
documented to facilitate identification and location of debris for debris recovery
and site clearance verification.
35. Pursuant to Mitigation Measure #W-6, TyCom will development and implement
SWPPP that identifies BMP's to be used during construction.
E. MARINE BIOLOGICAL RESOURCES (see the Mitigation Monitoring Program
and EIR for a complete list of requirements associated with each of the following
mitigation measures, which are summarized below)
36. Pursuant to Mitigation Measure #MB -1: If the interidial beach work occurs
between March and August, a biologist will monitor the beach within 30 meters
(98 feet) of each cable landing site.
37. Pursuant to Mitigation Measure #MB -2: TyCom has agreed to pay the established
fees for actual impacts that result in mortality of slow growing organisms that
take longer than one year to recover within the jurisdictional boundaries of the
permit authorities.
33
38. Pursuant to Mitigation Measure #MB -3: Monitors will be on board to watch for
marine mammals.
39. Pursuant to Mitigation Measure #MB -4: Support vessels shall make every effort
to maintain a distance of 1,000 feet from sighted whales and other threatened or
endangered marine mammals and sea turtles.
40. Pursuant to Mitigation Measure #MB -5: Support vessels shall not cross in front of
migrating whales.
41 Pursuant to Mitigation Measure #MB -6: When paralleling whales, support vessels
shall operate at a constant speed that is not faster than the whales.
42. Pursuant to Mitigation Measure #MB -7: Female whales shall not be separated
from their calves.
43. Pursuant to Mitigation Measure #MB -8: Support vessels shall not be used to herd
or drive whales.
44. Pursuant to Mitigation Measure #MB -9: If a whale engages in evasive or
defensive action, support vessels shall drop back until the animal calms or moves
out of the area.
45. Pursuant to Mitigation Measure #MB -10: Collisions with marine mammals or sea
turtles shall be reported promptly to the applicable federal and state agencies,
pursuant to each agency's reporting procedures.
46. Pursuant to Mitigation Measure #MB- I I : TyCom shall bury the marine fiber-
optic cable in accordance with the Project Description for direct burial, and as
required by the City of Hermosa Beach CCC to reduce the probability that fishing
gear will become snagged.
3�
47. Pursuant to Mitigation Measure #MB -13: TyCom shall rebury any cable that
becomes exposed after installation for any reason (e.g., fishing gear snags, cable
repair, or shifting sediments) in a manner approved by the Director of Public
Works and the CCC. Also see other applicable Conditions of approval above.
48. Pursuant to Mitigation Measure #MB -14: TyCom shall attempt to retrieve lost
fishing gear attributable to TyCom's facility and as required by the CCC.
49. Pursuant to Mitigation Measure #MB -15: To reduce the potential for interference,
four biologists familiar with sea turtle basking behavior will be on the cable lay or
support vessel to watch for sea turtles that approach the project area during
operations. If an individual approaches the work area, the monitor will have the
authority to cease operations (stop the vessel) until the animal leaves the area.
F. FISHERIES (see the Mitigation Monitoring Program and EIR for a complete list
of requirements associated with each tf the following mitigation measures, which
are summarized below)
50. Pursuant to Mitigation Measure #F -l: TyCom shall advise commercial and
recreational fishermen of a definite work schedule two weeks in advance of
installation.
51. Pursuant to Mitigation Measure #F-2: TyCom shall bury the entire marine cable 1
meter below the seafloor for areas where the water depth is less than 1,200
meters, except where the bottom features prevent burial or as required by the
CCC.
52. Pursuant to Mitigation Measure #F-3: Unless otherwise permitted by CCC,
TyCom will inspect the route immediately following installation, every 18 months
thereafter and after events that affect the cable for the life of the cable to ensure it
remains buried.
53. Pursuant to Mitigation Measure #F-5: Commercial fishers shall be compensated
for fishing gear (including anchors) that is damaged or lost during installation or
becomes snagged on the marine cables attributable to TyCom's facility.
54. Pursuant to Mitigation Measure #F-6: TyCom shall attempt to retrieve lost fishing
gear attributable to TyCom's facility immediately.
55. Pursuant to Mitigation Measure #F-7: TyCom shall hold Fishers harmless for
unintentional damage to a buried cable.
G. TERRESTRIAL BIOLOGICAL RESOURCES (see the Mitigation Monitoring
Program and EIR for a complete list of requirements associated with each of the
following mitigation measures, which are s-ummarized below)
56. Pursuant to Mitigation Measure #TB -1: Measures shall be implemented to further
minimize impacts to common wildlife, including covering or fencing holes or
trenches, and monitoring construction area for trapped wildlife.
57. Pursuant to Mitigation Measure #TB -2: If construction occurs in the greenbelt
between March and August (i.e., the period covering the nesting seasons of
Cooper's hawks, American kestrels, red -shouldered hawks, red-tailed hawks, and
peregrine falcons), TyCom shall conduct preconstruction raptor surveys. If active
nests are identified, a no -construction zone will be established around the nest.
H. CULTURAL RESOURCES (see the Mitigation Monitoring Program and EIR for
a complete list of requirements associated with each of the following mitigation
measures, which are summarized below)
58. Cultural Resources Pursuant to Mitigation #CR -1: TyCom shall conduct enhanced
3�
monitoring for all soil -disturbing activities from Fifth Street south to the TyCom
Cable Station, in an manner approved by the Director of Community
Development and Director of Public Works.
59. Cultural Resources Pursuant to Mitigation #CR -2: TyCom shall conduct standard
archaeological monitoring for all soil -disturbing activities north of Fifth Street in
Hermosa Beach, in an manner approved by the Director of Community
Development.
60. Cultural Resources Pursuant to Mitigation #CR -3: TyCom shall conduct
additional marine surveys and to avoid any features identified during the survey
that could be cultural resources of potential significance, in an manner approved
by the Director of Community Development.
61. Cultural Resources Pursuant to Mitigation #CR -4: The additional survey
identified in #CR -3, above, will cover about 10% of the total distance of the
routes, including nearshore areas where most shipwrecks would be expected. If
that survey does not reveal potential shipwrecks that were not already identified
by sidescan sonar no further surveys would be required. If, however, the survey
reveals potential shipwrecks that were not already identified by the sidescan
sonar, then the entire portions of the route where the water depth is less than
1,200 meters would have to be surveyed with a magnetometer. If features are
identified that could be cultural resources of potential significance, TyCom shall
reroute the cable(s) and avoid the identified feature(s) by at least 100 meters in an
manner approved by the CCC.
1. NOISE see the Mitigation Monitoring Program and EIR for a complete list of
requirements associated with each of the following mitigation measures which are
summarized below)
62. Pursuant to Mitigation Measure #N-1: TyCom shall limit construction to 8 a.m. to
33-
sunset, Monday through Friday for the beach segment of the Project; and for the
other segments of the project, as permitted by the approved by the Director of
Public Works and the CCC.
63. Pursuant to Mitigation Measure #N-2: For the beach segment of the Project,
TyCom will implement operational constraints, to the extent feasible, such as
operating only one piece of equipment at a time, and shutting it off when not in
use.
64. Pursuant to Mitigation Measure #N-3: TyCom shall 'notify residences and
commercial buildings adjacent to proposed construction by mail at least 2 weeks
prior to construction.
65. Pursuant to Mitigation Measure #N-4: Prior to construction, TyCom shall prepare
a plan containing noise control measures for construction equipment and submit it
to the cities of Hermosa Beach and Redondo Beach for review and approval. This
plan will detail how the equipment noise will be muffled.
J. TRANSPORTATION (see the Mitigation Monitoring Program and EIR. for a
complete list of requirements associated with each of the following mitigation
measures which are summarized below)
66. Pursuant to Mitigation Measure #T-1: TyCom shall notify the Public Works
Department, Fire Department, Police Department, medics, and school bus garage
of Hermosa Beach, Redondo Beach, and Manhattan Beach, before operations so
that they may, re-route emergency and service vehicles around the construction
zones.
67. Pursuant to Mitigation Measure #T-2: Delivery of construction materials to
individual work sites on state highways and city streets shall be conducted during
off-peak commute hours (before 7:30 a.m. and after 9 a.m., and before 5 p.m. and
38'
after 7 p.m.).
68. Pursuant to Mitigation Measure #T-3: The contractor shall prepare and submit
traffic control plans prepared in accordance with Caltrans and city guidelines to
the Cities of Hermosa Beach and Redondo Beach for review and approval before
beginning construction. Copies of the traffic control plans shall be on-site during
construction.
69. Pursuant to Mitigation Measure #T-4: All business and residences that would be
directly affected by a blocked driveway or loss of parking will be provided with
advance notification from TyCom of one week as to when the access and/or
parking will be blocked.
70. Pursuant to Mitigation Measure #T-6: During non -working hours, the contractor
for TyCom will keep the existing traffic lanes clear for traffic without interference
from the operations, equipment, and materials in a manner approved by the
Director of Public Works.
71. Pursuant to Mitigation Measure #T-7: TyCom shall submit a Parking Plan to the
City of Hermosa Beach, subject to the review and approval by the Public Works
Director.
72. Pursuant to Mitigation Measure #T-8: TyCom shall provide "A Notice to
Mariners" that will be issued two weeks before construction.
73. Pursuant to Mitigation Measure #T-9: TyCom shall notify USCG of dates of
construction, and potential dates of crossing traffic lanes.
AIR QUALITY (see the Mitigation Monitoring Program and EIR for a complete
list of requirements associated with each r f the following mitigation measures
which are summarized below)
361
74. Air Quality Pursuant to Mitigation Measure #A-1: TyCom shall implement at
least one of the reasonably available control measures specified in SCAQMD
Rule 403 to minimize fugitive dust impacts. Measures to minimize this impact
may include using water on a periodic basis on uncovered stockpiles or cleaning
the tires of work vehicles to limit the amount of dirt tracked onto streets.
75. Pursuant to Mitigation Measure #A-2: TyCom shall use best available control
technology for construction equipment (CBACT) for options One and Four only
out to three nautical miles only as further described in the EIR.
76. Pursuant to Mitigation Measure #A-4: TyCom shall acquire emission credits out
to three nautical miles only to further reduce NOX and SO2 emissions.
77. Pursuant to Mitigation Measure #A-5: TyCom shall use ARB on -road diesel fuel
to reduce ROC emissions for terrestrial vehicles only.
78. Pursuant to Mitigation Measure #A-6: TyCom shall implement a comprehensive
maintenance program for vessel diesel engines, to reduce CO emissions.
79. Pursuant to Mitigation Measure #A-7/A7a: TyCom shall use clean diesel fuel
having a maximum sulfur content of 15 ppm, or acquire emission credits out to
three nautical miles only.
L. HAZARDOUS MATERIAL AND RISK OF UPSET (.see the Mitigation
Monitoring Program and EIR for a complete list of requirements associated with
each of the following mitigation measures, which are summarized below)
80. Pursuant to Mitigation Measure #H-1: TyCom shall prepare a Spill Prevention
and Contingency Plan (SPCP) for construction activities. The SPCP plan will be
submitted to the Hermosa Beach Fire Department for approval prior to issuance of
ti
a
the City's construction permit.
81. Pursuant to Mitigation Measure #H-2: Before construction begins, site workers
will be trained to recognize and respond to spills in accordance with the SPCP
plan and which authorities to contact. Construction crews shall have an
emergency spill kit containing sorbent booms and pads, personal protective
equipment (PPE), and emergency response guidance.
82. Pursuant to Mitigation Measure #H-3: Construction equipment used by TyCom
•shall be maintained and kept in operating condition to reduce the likelihood of
line breaks and leakage.
83. Pursuant to Mitigation Measure #H-4: Absorbent material or drip pans shall be
placed underneath TyCom related vehicles during equipment maintenance or
refueling. Refueling may take place on the beach, but only within a designated
and contained refueling area as approved by the City and the CCC. Any refueling
shall be conducted at least 30.5 meters (100 feet) away from the mean high tide.
84. Pursuant to Mitigation Measure #H-5: TyCom shall ensure all hazardous
materials used at the staging area shall be stored in the proper storage containers
and shall have sufficient secondary containment to contain any potential spill.
85. Pursuant to Mitigation Measure #H-6: TyCom shall ensure all human waste at the
construction area be disinfected. Portable chemical toilets will be used.
86. Pursuant to Mitigation Measure #H-7: The Cable Station's underground diesel
storage tank and the piping will be installed and operated incompliance with
applicable state and federal regulations. -
87. Pursuant to Mitigation Measure #H-8: TyCom shall ensure all hazardous waste
generated through maintenance activities, or if a spill occurs during construction,
4-i
will be disposed of according to appropriate State and federal regulations.
88. Pursuant to Mitigation Measure #H-9: The TyCom construction crew shall be
informed of the types of hazardous substances that could be encountered and the
indicators of the contaminants.
89. Pursuant to Mitigation Measure #H-10: If hazardous substances are encountered,
the appropriate agencies shall be immediately notified to determine further
courses of action. Installation work shall not resume until it is determined by the
local regulatory agencies that installation shall not create an adverse impact to
human health.
90. Pursuant to Mitigation Measure #H-11: TyCom's construction contractor shall
develop and implement a Health and Safety Plan (HSP) consistent with 29 CFR
1910 (OSHA Occupational Safety and Health Standards) and 29 CFR 1926
(OSHA Safety and Health Regulations for Construction).
91. Pursuant to Mitigation Measure #H-12: The TyCom construction crew will be
trained on safety measures regarding trenching and excavation, work zone CPR,
spill prevention, and driving safety.
92. Pursuant to Mitigation Measure #H-14: TyCom contractors will receive training
regarding the proper handling and/or storage of potential fire hazards, potential
ignition sources (such as smoking or sparking equipment), and appropriate types
of fire protection equipment.
93. Pursuant to Mitigation Measure #H-15: TyCom shall identify all utilities before
construction, using utility locator services.
94. Pursuant to Mitigation Measure #H-16: As described in Section 16.1.5 of the EIR,
other mitigation measures detailing construction offsets will be required if utilities
are encountered and notification of the proper authorities if a utility is damaged.
95. Pursuant to Mitigation Measure #H-17: The Cable Station will be equipped with
an automatic protection system to prevent power surges.
96. Pursuant to Mitigation Measure #H-18: Before entering the project area, the
vessel will notify USCG, which will issue a Notice to Mariners to alert marine
users in the area of the project activity.
97. Pursuant to Mitigation Measure #H-19: A Shipboard Oil Pollution Emergency
Plan (SOPEP) will be developed and implemented before the cable vessel enters
the project area for installation, repair, and monitoring.
98. Pursuant to Mitigation Measure 41-20: A critical operations and curtailment plan
will be developed and implemented to delineate and maintain safe operating
conditions aboard the cable -lay vessel. This plan will specify the appropriate
wind and sea conditions for the operation of the vessel, will refer to the
appropriate personnel and evaluation procedures, and will require adherence to
the ship's oil spill response plan.
99. Pursuant to Mitigation Measure #H-21: The primary work vessel shall carry on
board a minimum of 122 m. (400 feet) of sorbent boom, five bales of sorbent pads
at least 45cm by 45cm (18 inches by 18 inches) square and a small powered boat
for rapid deployment to contain and clean up any small spill or sheen on the water
surface.
100. Pursuant to Mitigation Measure #H-22: A local on -water response vessel, an oil
spill response organization (OSRO) located in Los Angeles, will be placed on
standby during installation.
101. Pursuant to Mitigation Measure #H-23: Standard safety measures shall be
if3
incorporated into vessel operating procedures and confirmed by the safety
certificate issued by USCG to limit the risk of fire and explosion to a less -than -
significant level. (see DEIR for more requirements and detailed discussion)
M. PUBLIC UTILITIES AND SERVICES (see the Mitigation Monitoring Program
and EIR, for a complete list of requirements associated with each of the following
mitigation measures, which are summarized below)
102. Measure #PU/S-1: Prior to issuance of construction permits, TyCom shall
disseminate information to the fire, police, and public works departments in
Hermosa Beach, Redondo Beach, and Manhattan Beach to notify them of
construction on affected roads.
103. Pursuant to Mitigation Measure #PU/S-2: TyCom shall work with local police
and fire departments and utility service providers, and prepare and implement an
Emergency Response Plan. This plan shall include provisions for a confined
space rescue team.
104. Pursuant to Mitigation Measure #PU/S-3: Prior to issuance of construction
permits, TyCom shall submit detailed maps of the proposed fiber optic cable route
to utility providers and agencies. If the proposed route crosses existing utility
lines, TyCom shall coordinate with utility providers and applicable agencies to
determine the appropriate depth of fiber optic cable and construction method for
installation, through the use of "Dig Alert" and other means approved by the
Director of Public Works.
105. Pursuant to Mitigation Measure #PU/S-4: TyCom shall coordinate with utility
providers, and have utilities located, and will pothole as necessary to avoid
disrupting utilities, thereby minimizing the risk of accidental striking.
106. Pursuant to Mitigation Measure #PU/S-5: TyCom shall comply with State and
tF�
Federal law concerning location of fiber optic cable relative to other utilities.
107. Pursuant to Mitigation Measure #PU/S-6: In the event of an accidental striking,
TyCom will replace or repair any damaged utility lines, pipelines, or any other
utility infrastructure.
108. Pursuant to Mitigation Measure #PU/S-7: TyCom shall ensure maintenance of at
least 25 feet of beach access around the perimeter of the staging area for
emergency vehicle access.
109. Pursuant to Mitigation Measure #PU/S-8: TyCom shall ensure that there will be
no time lapse between the establishment of temporary lifeguard towers and the
displacement of lifeguard towers at Longfellow Avenue and Second Street.
110. Pursuant to Mitigation Measure #PU/S-9: TyCom shall identify beach tower
communication lines and avoid striking them during construction. TyCom shall
relocate the lines with the lifeguard towers, so that communication and beach
safety are maintained.
Pursuant to Mitigation Measure #PU/S-10: TyCom shall provide mock up designs
of the proposed fencing around the beach construction area to the Los Angeles
County Lifeguards to ensure that visibility from the lifeguard towers is
maintained.
N. CONSTRUCTION & PHASING
112. Construction staging on the beach shall be as shown on approved project staging
plans per the Project EIR for a direct burial method of installation. Requests for
minor alternate construction staging shall be considered through written request to
the Director of Community Development and Director of Public Works.
5'
113. TyCom shall coordinate in the preparation of a Construction Operation Plan and
Program. Said plan shall be.reviewed and approved prior to the issuance of
construction permits by the Director of Public Works. The plan shall incorporate
the following:
• Specifications for fencing of the site and construction staging areas
evaluated to ensure maximum screening of views to site and aesthetic
concerns.
• Limitations on construction activities by date and hour.
• A scaled plan that depicts pedestrian circulation routes and demonstrates
the maintenance of safe and open access to the beach, The Strand, and the
greenbelt during project construction.
114. In order to avoid conflicts with special events held in the project area,
construction on the site shall be suspended on certain days as determined
appropriate by the City. The City shall retain the right to change or extend the
dates when warranted to ensure that special events are not significantly impacted
by project construction.
115. No closure, either temporary or permanent shall be allowed on the existing public
walkway known as The Strand, except as otherwise approved by the City (also
see Condition no. 21 and MU/LU/R-15).
116. TyCom shall include in its construction contract a clause which stipulates, to the .
satisfaction of the City Attorney, that the contractor will recycle materials used in
construction to the extent feasible in order to divert construction waste from
regional landfills.
1 17. TyCom shall ensure that construction contractor's require employees to use off-
street parking. Such remote parking shall remain in use until the completion of
construction of the project.
4-6
118. TyCom shall be responsible to restore all work within City streets and right of
.....................................
.....................................
way to its pre -construction condition or better. Ir actdttiivn
respons1ble!`aire�h t�ea�gfeond Sre> from
....................................................................................................................................
rector::: n: addition,1 om shall b, r sponsI,
j seat at d craci sealing) the Pe t r width and. epgth of all other a#lected
,O.F.goki as well as, removal (grinding or sandblasting) and replacement of any
traffic striping and pavement markers affected by.the project construction, in a
time and manner that has been reviewed and approved by the Public Works
Department.
a:msnaI ne
a;id.to:.Valle
rea igo.
it Flu`'r sealin
O. CERTIFICATIONS
119. An acceptance of conditions form shall be executed by TyCom and submitted to
the Community Development Department prior to issuance of construction
permits.
120. This grant shall not be effective for any purposes until TyCom has filed at the
office of the Planning Division of the Community Development Department their
affidavits stating that they are aware of, and agree to accept, all of the conditions
of this grant.
121. The PDP and this Resolution shall be recorded, and proof of recordation shall be
submitted to the Community Development Department.
122. Each of the above conditions is separately enforced, and if one of the conditions
of approval is found to be invalid by a court of law, all the other conditions shall
remain valid an enforceable.
City Clerk
(12-6-01)
City Attorney
•
123. TyCom shall defend with Counsel of the City's choosing, indemnify, and hold
harmless the City, it agents, officers, and employees from any claim, action, or
proceeding against the City or its agents, officers, or employee to attack, set aside,
void or annul this permit approval or any other proceeding or action taken
pursuant to this permit. The City shall promptly notify TyCom of any claim,
action, or proceeding and the City shall cooperate fully in the defense.
124. TyCom shall reimburse the City for any court and attorney's fees, which the City
may be required to pay as a result of any claim or action brought against the City
because of this grant.
125. The Project shall be developed, maintained and operated in full compliance with
the conditions of this grant and any law, statute, ordinance or other regulation
applicable to any development or activity on the subject property. Failure of
TyCom to cease any development or activity not in full compliance shall be a
violation of these conditions.
126. Pursuant to Code of Civil Procedure Section 1094.6, any legal challenge -to the
decision of the City Council must be brought within 90 days after the final
decision by the City Council.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of December 2001.
President of the City Council and Mayor of the City of Hermosa Beach, California
to
ATTEST: APPROVED AS TO FORM:
City Clerk
(12-6-01)
City Attorney
AOL.COM I AOL Mail
A AOL Anywhere
Main
My AOL
Mail
People
Search
Shop
Channels
Devices
AOL Mail'
=11
Close
Delete
41/3 102of103
Page 1 of 2
Subj: TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Pr oject
Date: Wed, 28 Nov 2001 7:37:35 PM Eastern Standard Time
From: Baker Eric <EBaker@TyComLtd.com>
To: "'rsgoldin@aol.com'" <rsgoldin@aol.com>, "'sblumenfeld@hermosabch.org'"
<sblumenfeld@hermosabch.org>, "'sburrell@hermosabch.org'"
<sburrell@hermosabch.org>
CC: "'Laurence S. Wiener'" <LWiener@rwglaw.com>, Kelley James
<JKelley@TyComLtd.com>, Creese Catherine <CCreese@TyComLtd.com>, Habig
Neil <NHabig@TyComLtd.com>
Bob,
TyCom suggests that the project Staff Report placed on the Planning
Commission agenda for Wednesday, December 5th specify landing both (2) cable
segments at one beach manhole location. TyCom's preferred installation
technique is trenching across the beach at one landing site using the direct
burial alternative. This change from two landing sites to one is primarily
based on comments received from several of the Commissioners and Chairman
during the Planning Commission hearing held on November 20th as well as
concerns regarding the ability to obtain all required construction permits
for two landing sites raised during the most recent meeting with Staff
members of the California Coastal Commission.
TyCom remains committed to satisfying project objectives in a manner which
minimizes environmental impacts and disruption to local host communities.
TyCom realizes that some route diversity will be sacrificed by landing both
cables at a single manhole location. Specifically, from the manhole seaward
to just beyond three (3) nautical miles. Risks to the cables have been
reevaluated in this area and TyCom is agreeable to installing both cable.
segments with a shared landing point at Second Street.
Please feel free to call with any questions or for additional information
that may be needed to support the City's Staff Report.
Very truly yours,
Eric Baker
973.753.4653
r !mkt
original t
in Repl
Headers
Return -Path: <EBaker@tycomltd.com>
Received: from rly-xc03.mx.aol.com (rly-xc03.mail.aol.com
[172.20.105.136]) by air-xc04.mail.aol.com (v82.22) with ESMTP id
MAILINXC47-1128193735; Wed, 28 Nov 2001 19:37:35 -0500
Reply
Reply A
.10
Forwar
Addres
Book
Avatiatr 4(-3
httn•//nnlmail ant rnm/mai)rtni9iii-1l17R.nn...,t-1(1ZR.{,...,—i.,h-,,2,1:..+-1 1112 A. , 1 ..-1 11 P)0I7nn1
AOL.COM I AOL Mail
A AOL Anywhere
Main
MyAOL
Mail
People
Search
Shop
Channels
Devices
A L a i r
Keep As New
Delete
Page 1 of 2
Subj Greenbelt vs Valley Route
Date Thu, 13 Dec 2001 2:05:25 PM Eastern Standard Time
From Jim.Mills@mortenson.com
To: rsgoldin@aol.com
CC: chris.brungardt@ibhc.com, kevin.doyle@ibhc.com, EBaker@TycomLtd.com,
richw@jsanet.com
I plan on sending you the relative drawings yet today showing the actual
amount of work in the Greenbelt currently proposed by us. In the meantime,
the following is our list of advantages for discussion why we feel the
Greeenbelt is a better option than digging up Valley Dr.
Distance of work within Greenbelt is limited to only 700 lf.
South end of Greenbelt does not have heavy pedestrian traffic.
Work will progress faster in landscaped area than in the street.
Valley Drive is a busy two lane road and utility work will require street
closure.
Amount of noise generated by work in the street vs Greenbelt will be
greater.
Restoration of landscaping will be quicker than pavement.
Greenbelt alignment will provide greater sound separation for residences to
the West.
Greenbelt work will not impact access to residences.
Greenbelt route will provide better transition alignment across Herondo St.
In your write up, we request that the discussion points above be included
for consideration by the council.
Headers
Return -Path: <Jim.Mills@mortenson.com>
Received: from rly-yb05.mx.aol.com (rly-yb05.mail.aol.com
[172.18.146.5]) by air-ybOl.mail.aol.com (v82.22) with ESMTP id
MAILINYB17-1213140524; Thu, 13 Dec 2001 14:05:24 1900
Received: from is.mortenson.com ([64:210.93.130]) by
rly-yb05.mx.aol.com (v83.18) with ESMTP id
MAILRELAYINYB58-1213140510; Thu, 13 Dec 2001 14:05:10 -0500
Subject: Greenbelt vs Valley Route
To: rsgoldin@aol.com
Cc: chris.brungardt@ibhc.com, kevin.doyle@ibhc.com,.
EBaker@TycomLtd.com, richw@jsanet.com•
From: Jim.Mills@mortenson.com
Date: Thu, 13 Dec 2001 13:04:06 -0600
r Include
original text
in Reply.
Reply
Reply All
4/4
Forward
Address
Book
AIMMEgri go.48
12/13/01
http://aolmail.aol.com/mail.dci?id=82&count=84&box=inbox&list=l-84&read.x=1
M. it MI - sae.. tit/01V. b..n +Wept. %9*try +.aa-oco.m
SEE DVM TON -204
17+50
X ii��
F
k
n x
,
/", ,h\,`
2 r
'.,.....,
... � !
t 1 I '._
11 II
i
�!!r• (/,,\V\
1"
'ii
1`\
\
*�,v\-�+
;so
!L! OF HERA/
CITY Oi RE 00 N00'
BEACH
-�:.:-..,.
0s?
J0 f'
'1il
l
III
1.
II
�i
;I
lit
ks
II
\1.j
\\\\\11:,,e.\‘
, , \'{
L i
,
B
-=y;
r
i; ;
llt, I
' r'
�
I ;
'' + ti
' 1 <
1•: 147+5
Iy
i
�................I.
1•..{nJ
IIfififf
Ei
J "I+
�..;
~
i/
} I
lf
?il \,/
7 './
.VA , r j
l y,.. A.
\..
;..
�..
^ /
7 Ys„.„,,,, -
0 r
fy''.....
/
-aHaR� �
L. .Ni • •
'•
\
19+93
rl
0 I
.aT"`fit j
ba
$\ 7\ 1
,`, I
RW k `,1•�H
,\d\`yam,
\ # ~'
1,\� ``t \ \ \'
YV'�� �.\
11,i ,
e
CN-`�r-ir.-
-t -r
Nu—1\N=�..s:
/ 1
_ I i
I 2
r' t Z
!
nt i
!
I4
�
1.
! 1
le
t�I
10
r
7
�',!
-
(
1
• rt
�
1
„
i
•
N
(
cL
0
N
t. 1
1' I ••••
_
�I '-1-.....'-'7
I 1 -
j�
i.Cr..._
fe.'
N
rf:
' !I
!I,
,NE
20+12
R
I )
s
S
4O
wit
21+s2
-
�.::.i�...:
R
30 �„�
7 ` .-00
fRON
Jt
-
Naz
22+23
SCC DVM 704-305
1 ¢
a
1
`'
i Nil
i1.
1
/Iil
1 xi
11;
1 Ililli
1111111 JJI1 il i
i
li
— ,-,-,,,-,--..,' •,-:•-- "- ....-.6.4-••!..-Ini:•:.
ii ' I .Jj F1' .121.."-- - -",t:=14,-=',-4;-,i - -----):k.----'-• ""r-----; --/ 1,-,
'-'----')
=)•
, 1, iv,
•
---r---. .
''-r--4-r-7--(1'-',' 0. _________J---17 i - ^•,...__--.A,...-..-
-------'''''''
-
f
T,..11.
' I i I IN
,t
i
t , i
•1
I ji : 1 {I
'''...-=r-4.--• ' '-' i r--,,--,, ___t_ j ,IL.... —Tr:
F...
I
, ',, -'•
1 .
. . 3.--•,1-'',.--7-,--7'-1----- , 1 1 i .1:::
' IF- 1, j,-, _ I f -x_--1,---"--,...,-
`,' 1 '
r1
Z
-...„... ---_____--- __,.,-,..,...,...,,,.---
toixturattre
r.,‘,.„......„..
M.N.
acevt.lessamweis
.194 <00../.
g......y.....,
.........lt
.........•
.......10
.........
4.......M..
,l .........
........r....
-
-7tPi..4.:-:'-e-
- _,,..._........
0
A 1
'
r .......4,..„,,,,,...../
i I ....
0 I UM 13.67 -6 - ,...a ..., , '''''''.
i ' le
4 4' • 4* . 6. VI - ..........,
1Pt • 41' rOC MD ST.-
......... Z.
-PW "•--.1.-Zt .., 7 `r: - 4' , . I
-----4--- '*',•-• . .
,r-••••-• -:-..).- --. ", ? ,; II , . - '
-z,,:t.ft-..- .---I,
•
_ sr roc VALLEY
..
-..,,t-.-4-4--_--Z-- -21±-7 --- - • - - -
_.,.. - -
••, - -T... 4;11 i- - ja c
'''•,--- s j! .
1 if 1 II,- i
, • ; ,- I ff7 . -
L
Opp
__ ,,,„ _
_,,,,, _ R. - ...
- ...,_,..-__,_-4,-;:.„--,14-- ---_--t472--7----,-„, _ t
__, ,.-,F-C.T6i45.7",•-•i
t,...-,47,...,--,,,--• r. -
.„._ ,
- --.1‘ ,. 41-1 1,- i
' ) - - - - '' q / s•
v
- -;"
,rt
INSTALL 75' OF 10' HOPE CASING 1/3
STA 13.01 10 St 13.76 r‘
5 1.1•4_ DEP111 1 1
,e-jr.:757-77'------
'----.-,:•:-:-. .---;-. --'---...;:,,a--7.--t--_,...,--.-,, '$---- `,...,...-..,!..,771..1`.,---n-e:7-7.4:--_,..._--
-,..-_-_,,z-----,;-_,.„,„„....-.17...„..;1s3-L t, .1...,... / „ ,,,,...„,...7- . :7,7{77,77:,..4,-
.....-E.0_,5,-----•-•-•--_-.:1:2,-q.-_--
....._............-...........„..„..-4.4
--_:-"' r f.az,L,s°' VALLEY DR. ''''..-FOC - -NV ,,,,..---'
,
---2.L.1-6.:213k,41,9 ', ,'"-..! 'Zil i 1 / ... ,1! -.;;;;.,,,,__„...7.-Eflq„.==.-.7.-_...1p----.7_-,,S12.== = fir-511--,---or-S12,-,-4,-_7--- 7......_=_-_-_-__.,,_,.,—......,......-....._r } (., •
--,_-_,,,,,..--7„-_,-,...,:;;;;,.‘„,,,,..,.,,,3/
,„,,,,,:..,
WryC01//:
.
. Iil i ° - 7-• ---. __,,,,,_____—_,..,--_--..,....=-_-..,..._______7.7.7:-:_-.7-
/
_,./-, i,
., ,-., - , -. , ./ ,, f.....
, ,, 7,2,pN,.;"
' . 4. I : roc `r
- f! • i i -' •-, .-z- -^"s. ...,'. / .•
P .•!;, , 0 .:
4' ' :!.... --- - :.: ‘-',
---- -L. -- , 0 111 i i I :,C
,, ... i i g ,.. , ,
, 1 i ':: ; •
-°2+Zi
------241; I. .0
I . '1 ! -0 i
Ift P 1 , ,, , : , ,
j0 10. 7 0 !
MOCIDISOM.
r;t5r,kao•-2....cau.
-7.,7"
,„,.....„,
...................... ...
...... ...
1.431.1 ../. 0/101H
`'......-,,........
6.1,02.1•10EIAILY
kw C:TY Or 14004054 MACH PU13L1C 16010,3 PERM'S
TRE11011 OETMS DETAIL A 0E1A4. A
DOPE
I I
OE1AR. E 0E1A/L I 1PEN014 DEGAS
2
r
2
C
Q"A
•.......
....,
.......
VMS M.
e,
t.... ,., -.
106116461PACIPIC
11610.4014.110,1611.1,1
2-e Pvc 8/8810806,070 l-10' HOPE CASINO
17.60 13.01 rr6"
v,01 13.76
75'
2-C 2-4.
.4'
Wde 6-1 1/
8060
2-e PK W/ INWEROUCTS
13.89
17.53
)61'
2-4_
6-1 1/
• 4"
TRENCH
.' .
.:_t 5
5
,06.6466,40,16.111.16
06.....11C..11
ALVAM.0../..,
6.4.4...1
TGN-304
4c.
ATTACHMENT NO. 5 REGARDING TYCOM'S
BURIAL AND REBURIAL COMMITMENTS WILL BE
PROVIDED AS A SUPPLEMENTAL PRIOR TO THE
DECEMBER 18TH COUNCIL MEETING
ATTACHMENT NO 5
Mum =?
ID`.>
Ig
per;
x.�
Early .
Start
2
MAR
APR
MAY - I
JUN'
JUL i4
Al8 "25^ .1 '-'8r- 3/15 -22' 29'& `- /13 = 20 27 "3 .10 - 17 24 ,15 x.22 29
100
CDP PERMIT ISSUED
1
0
08MAR02'
08MAR02
110
TERRESTRIAL OSP
20
0
15MAR02
11APR02
120
BEACH MANHOLE
7
0
22MAR02
01APR02
130
INNERDUCT/CABLE PULLING
15
0
29MAR02
18APR02
170
OCEAN GROUND BEDS
3
0
16APR02
18APR02
140
BEACH CABLE LANDING
15
0
19APR02
09MAY02
150
MARINE CABLE INSTALLATION
30
0
26APR02
06JUN02
160
CABLE POST -LAY BURIAL
30
0
17MAY02
27JUN02
I
Start dates based upon timely issuance of construction permits.
Durations do not include street or landscaping restoration.
Sequencing of activities may vary.
Mutually agreeable detailed schedule to be submited prior to
start of work.
Stan Dale 01MAR02
Finish Date 27JUN02
Data Dale 01MAR02
Ron Dale 13DEC01 12:14
ID Primavera Systems, Inc.
Early Bar
Float Bar
Aggress Bar
S Crhical Activity
1
CAU Sheet 1 of 1
TyCom Networks
TyCom Transpacific Fiber Optic Cable
HERMOSA BEACH PROJECT OVERVIEW
Dale
Revision I Checked
Approved
mrcgHEgr Fb. 6
Reference: (engineering schematic) Staging Area Detail at 2nd Street, Brungardt. Honomichl & Company, P.A., June 14 2001
6- to 8 -foot -high
chainlink fence.
(covered with privacy fabric)
Berm
(made from
existing top sand)
300' -
Storage Area for
Unassembled Pipe
Me Strd
Lifeguard
Tower
Restrooms
WO five -inch
burled cunduita
tZr
8Parb. h
•
rytpnhptEET e 2ND -S I
uat� Beach
sr��c-¢"�� Attess
2 a" +4 i a e I
sl •
! )1 I I J' I ...Li
fii� �ttuiP
0
Strand Wall
100 200 300 FEET
(approximate scale)
•
Ecology and Environment, Inc.
Figure 2-4
TyCom's Proposed South Staging and Cable Landing Area
001346.HB02.06.m (7.64) 09/21/2001
EXHIBIT "A"
FINDINGS AND FACTS IN SUPPORT OF FINDINGS
1) THE CITY COUNCIL FINDINGS REGARDING IMPACTS MITIGATED TO A
LEVEL OF INSIGNIFICANCE
a) Aesthetics
i) The proposed project would have negative aesthetic effects on views from the
Strand, the beach and surrounding public areas.
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site
from further consideration and consider only the Second Street landing site and
alignment, using the direct burial method of installation, which reduces the overall
environmental impacts of the project as related to aesthetics. Following installation of
the fiber optic cable system, there is be no above ground facilities visible from view.
As a result, the aesthetic impacts are reduced to level of insignificance.
Facts Supporting Finding: This fiber optic cable project is considered a public
facility. Since the fiber optic cables would be buried on the beach at a single landing and
in the street to connect to the cable station in Redondo Beach, and either buried or laid on
the sea floor, the presence of these fiber optic cables would not be in conflict the General
Plan goals of preserving open space or protecting the beach and ocean as a recreational
resource. The alternative of a single landing site at Second Street would eliminate the
environmental impacts relating to aesthetics during installation at the Longfellow site and
along either the Manhattan Avenue or Greenbelt alignments. Furthermore the use of a
direct burial method of installation for the beach segment will also significantly reduce
the staging area required, the type and amount of equipment needed for installation and
the overall time required for completion.
ii) Temporary View Impacts. Construction staging areas on the beach could have
temporary adverse effects on views from the beach and The Strand.
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site from
further consideration and consider only the Second Street landing site and alignment,
using the direct burial method of installation, which reduces the overall environmental
impacts of the project as related to temporary views.. Conditions and mitigation
measures have been incorporated into the project, which avoid or substantially lessen
the significant environmental effect identified above.
Facts in Support of Finding: The alternative of a single landing site at Second Street
would eliminate the environmental impacts relating to temporary views during
installation at the Longfellow site and along either the Manhattan Avenue or Greenbelt
alignments. Furthermore the use of a direct burial method of installation for the beach
segment will also significantly reduce the staging area required, the type and amount of
equipment needed for installation and the overall time required for completion. Pursuant
SUPPLEMENTAL
INFORMATION
Findings and Facts in Support of Findings for PDP 01-10
to Mitigation Measure #MU/LU/R-1 1: TyCom shall fence the staging areas and cover
the fence with screening acceptable to the Community Development Director to
prevent public access and reduce the visibility of construction activities.
b) Short -Term Air Quality Impacts.
Fugitive Dust. Clearing, excavation and grading operations, construction vehicle
traffic on unpaved ground and wind blowing over exposed earth surfaces will generate
dust at and near the project site during the construction period.
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site from
further consideration and consider only the Second Street landing site and alignment,
using the direct burial method of installation, which reduces the overall environmental
impacts of the project as related to short-term air quality. Conditions and mitigation
measures have been incorporated into the project, which avoid or substantially lessen
the significant environmental effect identified above.
Facts in Support of Finding: The alternative of a single landing site at Second Street
would eliminate the environmental impacts relating to short-term air quality during
installation at the Longfellow site and along either the Manhattan Avenue or Greenbelt
alignments. Furthermore the use of a direct burial method of installation for the beach
segment will also significantly reduce the staging area required, the type and amount of
equipment needed for installation and the overall time required for completion.
SCAQMD Rule 402, which requires that there be no dust impacts off-site sufficient to
cause a nuisance, SCAQMD Rule 403, which restricts visible emissions from
construction, and other feasible dust control measures shall be implemented as part of
the proposed project Air Quality Pursuant to Mitigation Measure #A-1: TyCom shall
implement at least one of the reasonably available control measures specified in
SCAQMD Rule 403 to minimize fugitive dust impacts. Measures to minimize this
impact may include using water on a periodic basis on uncovered stockpiles or
cleaning the tires of work vehicles to limit the amount of dirt tracked onto streets.
Pursuant to Mitigation Measure #A-2: TyCom shall use best available control
technology for construction equipment (CBACT).
c) Biological Marine Resources: Impacts of the project may have adverse impacts
on whales and result in marine mammal entanglement
Finding: Conditions and mitigation measures have been incorporated into the project,
which avoid or substantially lessen the significant environmental effect identified
above.
Facts in Support of Finding: TyCom has agreed to bury the marine cables, where
feasible, in water depths less than 1,200 meters. TyCom has also agreed to attempt to
retrieve fishing gear that may become snagged on the cables and that subsequently
could threaten whales. Given the mitigation measures agreed to by TyCom, impacts
on marine mammal entanglement will be less than significant. Pursuant to Mitigation
Page 2J1
Findings and Facts in Support of Findings for PDP 01-10
Measure #MB -4 — 13, support vessels shall make every effort to maintain an
acceptable distance sighted whales and other threatened or endangered marine
mammals and sea turtles or not cross in front of migrating whales. TyCom shall bury
the marine fiber-optic cable to reduce the probability marine mammal entanglement.
d) Biological Resources/Fisheries and Recreation: The project may have adverse impacts
on fisheries.
Finding: Conditions and mitigation measures have been incorporated into the project,
which avoid or substantially lessen the significant environmental effect identified
above. The California Coastal Act requires that the economic, commercial and
recreation importance of fishing activities be recognized and protected.
Facts in Support of Finding: Pursuant to Mitigation Measure #F-1: TyCom shall
advise commercial and recreational fishermen of a definite work schedule two weeks
in advance of installation. Pursuant to Mitigation Measure #F-2 — 7, TyCom has
agreed to notify commercial fisheries of the installation and repair activities two
weeks in advance, will bury the marine cables, where feasible, in water depths of than
1,200 meters to reduce the likelihood 'that fishing gear will become snagged, will
compensate fishers for loss of gear and will hold the fishers hold harmless for
unintentional damage to the cable.
e) Cultural Resources: The project may have adverse impacts on archaeological or
paleontological resources.
Finding: In regards reducing environmental impacts for the terrestrial and beach
segments, TyCom has elected to eliminate the Longfellow Avenue landing site from
further consideration and consider only the Second Street landing site and alignment.
This alternative would decrease environmental impacts relating to cultural resources,
since the Longfellow Avenue site and the Manhattan Avenue and Greenbelt
alignments are no longer applicable. Conditions and mitigation measures have been
incorporated into the project, which avoid or substantially lessen the significant
environmental effect identified above, particularly for the marine segment.
Facts in Support of Finding: The California Coastal Act requires reasonable
mitigation measures where development would adversely impact archaeological or
paleontological resources as identified by the State Historic Preservation Officer.
TyCom has agreed to have a qualified archaeologist monitor construction wherever
soil -disturbing activities could affect known or potential terrestrial cultural resources.
There are no known marine cultural resources along the marine routes. Because
shipwrecks could be present, TyCom has agreed to conduct marine surveys under the
direction of a qualified marine archaeologist. If potentially significant marine cultural
resources are identified, TyCom has agreed to reroute the cables and avoid the
potential resources. Pursuant to Mitigation #CR -1- 4, TyCom shall conduct enhanced
monitoring for all soil -disturbing activities, conduct standard archaeological
monitoring for all soil -disturbing activities north of Fifth Street in Hermosa Beach,
Page Z
Findings and Facts in Support of Findings for PDP 01-10
and conduct additional marine surveys and to avoid any features identified during the
survey that could be cultural resources of potential significance.
f) Hazardous Material and Risk of Upset: The project may create a hazard to the public
or to the environment during construction and installation of the fiber optic cable
system.
g)
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site from
further consideration and consider only the Second Street landing site and alignment,
using the direct burial method of installation, which reduces the overall environmental
impacts of the project as related to risk of upset and the use of hazardous materials.
Conditions and mitigation measures have been incorporated into the project, which
avoid or substantially lessen the significant environmental effect identified above.
Facts in Support of Finding: The alternative of a single landing site at Second Street
would eliminate the environmental impacts relating to risk of upset impacts during
installation at the Longfellow site and along either the Manhattan Avenue or Greenbelt
alignments. Furthermore the use of a direct burial method of installation for the beach
segment will also significantly reduce the staging area required, the type and amount of
equipment needed for installation and the overall time required for completion. The
proposed project is subject to local, state and federal requirements governing the used
of hazardous materials. Standard safety measures shall be incorporated into vessel
operating procedures to limit the risk of fire and explosion. TyCom shall ensure all
hazardous materials used at the staging area shall be stored in the proper storage
containers and shall have sufficient . secondary containment to contain any potential
spill. Pursuant to Mitigation Measure #H-1-23,. TyCom shall prepare a Spill
Prevention and Contingency Plan (SPCP) for construction activities, site workers will
be trained to recognize and respond to spills, and have an emergency spill kit
containing sorbent booms and pads, personal protective equipment (PPE), and
emergency response guidance. Any refueling shall be conducted at least 30.5 meters
(100 feet) away from the mean high tide. Pursuant to Mitigation Measure #H-5:
TyCom shall ensure all hazardous materials used at the staging area shall be stored in
the proper storage containers and shall have sufficient secondary containment to
contain any potential spill. TyCom shall identify all utilities before construction, using
utility locator services. Pursuant to Mitigation Measure #H-16: As described in
Section 16.1.5 of the EIR, other mitigation measures detailing construction offsets will
be required if utilities are encountered and notification of the proper authorities if a
utility is damaged.
Noise Impacts. General construction activities during installation will result in
temporary significant increases in noise levels.
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site from
further consideration and consider only the Second Street landing site and alignment,
using the direct burial method of installation, which reduces the overall environmental
impacts of the project as related to noise. The proposed project is considered a public
Findings and Facts in Support of Findings for PDP 01-10
utilitiesproject and therefore is not subject to restricted hours of construction stated
with the State Health and Safety Code. However, there will be noise generated during
the short-term construction of the terrestrial and marine activities. Conditions and
mitigation measures have been incorporated into the project to address these impacts,
but are still found to be unavoidable.
Facts in Support of Finding: The alternative of a single landing site at Second Street
would eliminate the environmental impacts relating to noise during installation at the
Longfellow site and along either the Manhattan Avenue or Greenbelt alignments.
Furthermore the use of a direct burial method of installation for the beach segment will
also significantly reduce the staging area required, the type and amount of equipment
needed for installation and the overall time required for completion. Some construction -
related noise impacts are inevitable from any construction project. Pursuant to
Mitigation Measure #N-1- 4, TyCom will be restricted to the hours of construction to
8 a.m. to sunset, Monday through Friday, for construction on the beach which is more
restrictive than currently permitted for general construction throughout the City. This
limitation of work hours should reduce the impacts to adjacent residential uses. In
addition, conditions are recommended in the EIR to implement operational constraints
such as operating one piece of equipment at a time when on the beach. Notification
prior to start of construction by TyCom to residents will also be required. Prior to
construction, TyCom shall prepare a plan containing noise control measures for
construction equipment and submit it to the cities of Hermosa Beach and Redondo
Beach for review and approval. This plan will detail how the equipment noise will be
muffled.
h) Public Utilities and Services: General construction activities during installation will
result in temporary adverse impacts on existing public services and facilities.
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site from
further consideration and consider only the Second Street landing site and alignment.
This alternative would decrease environmental impacts during installation relating to
public services, since the Longfellow Avenue site is no longer applicable. Conditions
and mitigation measures have been incorporated into the project, which avoid or
substantially lessen the significant environmental effect identified above.
Facts in Support of Finding: The alternative of a single landing site at Second Street
would eliminate the environmental impacts relating to public utilities and services
during installation at the Longfellow site and along either the Manhattan Avenue or
Greenbelt alignments. Furthermore the use of a direct burial method of installation for the
beach segment will also significantly reduce the staging area required, the type and
amount of equipment needed for installation and the overall time required for
completion. The proposed project is considered a public utilities project. However,
there will be the short-term construction impacts on public services and facilities
affecting fire, police, public works departments and County Life Guards for the
terrestrial and marine activities. Mitigation measures have been adopted to address
these impacts. TyCom shall work with local police and fire departments and utility
Page 3
Findings and Facts in Support of Findings for PDP 01-10
service providers, and prepare and implement an Emergency Response Plan. Pursuant
to Measure #PU/S-1 — 10, prior to issuance of construction permits, TyCom shall
disseminate information to the Los Angles County Life Guards and fire, police, and
public works departments in Hermosa Beach, Redondo Beach, and Manhattan Beach
to notify them of construction on affected roads. TyCom shall work with local police
and fire departments and utility service providers, and prepare and implement an
Emergency Response Plan. Prior to issuance of construction permits, TyCom shall
submit detailed maps of the proposed fiber optic cable route to utility providers and
agencies. TyCom shall coordinate with utility providers and applicable agencies to
determine 'the appropriate depth of fiber optic cable and construction method for
installation, through the use of "Dig Alert" and other means approved by the Director
of Public Works. TyCom shall comply with State and Federal law concerning location
of fiber optic cable relative to other utilities. TyCom shall ensure that there will be no
time lapse between the establishment of temporary lifeguard towers and the
displacement of lifeguard towers at Longfellow Avenue and Second Street. TyCom
shall provide mock up designs of the proposed fencing around the beach construction
area to the Los Angeles County Lifeguards to ensure that visibility from the lifeguard
towers is maintained.
i) Recreation: The proposed project may not protect the public's right of access to the
beach and the sea.
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site from
further consideration and consider only the Second Street landing site and alignment,
using the direct burial method of installation, which reduces the overall environmental
impacts of the project as related to temporary loss of recreational opportunities.
TyCom has elected to eliminate the Longfellow Avenue landing site from further
consideration and consider only the Second Street landing site and alignment. This
alternative would decrease environmental impacts during installation relating to the
public's right of access and use of the beach, since the Longfellow Avenue site is no
longer applicable. Conditions and mitigation measures have been incorporated into the
project, which avoid or substantially lessen the significant environmental effect
identified above.
Facts in Support of Finding: The alternative of a single landing site at Second Street
would eliminate the environmental impacts relating to recreation impacts during
installation at the Longfellow site and along either the Manhattan Avenue or Greenbelt
alignments. Furthermore the use of a direct burial method of installation for the beach
segment will also significantly reduce the staging area required, the type and amount of
equipment needed for installation and the overall time required for completion. Pursuant
to Mitigation Measure #MU/LU/R-1- 20, during project construction, the public will
be precluded from using a portion of Hermosa Beach at the two cable landing
locations. If construction occurs during off peak months, this will be a minor impact,
and visitors will use alternative recreational sites easily within 50 meters of the cable
landings. TyCom shall maintain access to neighborhood businesses, including parking
lots, at all times during project construction in a manner approved by the Director of
Findings and Facts in Support of Findings for PDP 01-10
Public Works. However, if construction occurs during summer peak usage, this impact
may be significant. The applicant has agreed to compensate the City for public access
impacts by paying a sum of money into a fund dedicated to improving recreational
activities and maintenance of the beach, storm drains, adjacent streets, walkways,
public parking areas, the lifeguard building on the pier and the pier. Mitigation
measures have been adopted to address these impacts, but are found to be unavoidable.
TyCom shall protect public safety by preventing public access to the marine
construction zone by using barriers, buoys, or other controls in an manner approved by
the CCC or other applicable permitting agency. TyCom shall submit a plan to the City
of Hermosa Beach Community Development Director and Public Works Directors for
City and CCC approval showing how TyCom will ensure that the cable stays buried in
the shoreline area such that it won't impact beach users. In the event the cable
becomes exposed, TyCom shall initiate actions to rebury the cable in a manner and
time frame approved by the Director of Public Works. TyCom shall provide written
notice to the City of Los Angeles, City of El Segundo, City of Lawndale, City of
Manhattan Beach, City of Redondo Beach, and City of Torrance one month prior to
the commencement of construction to alert these municipalities that a portion of the
beach will be closed, the length of time it will be closed. TyCom shall relocate any
affected existing municipal facilities on the beach. Notice will also be given to local
residents through announcement in The Beach Reporter and on the City of Hermosa
Beach's website. Pursuant to Mitigation Measure #MU/LU/R-15: TyCom shall ensure
that access to The Strand is not disrupted for more than 4 hours at any location. During
construction of segments at pedestrian or bike paths, the construction crews will keep
all construction equipment and trenching equipment off the paved roadway or it will
be maintained to the maximum extent feasible to allow bicyclists to continue to use
the road or detours. TyCom shall maintain access to neighborhood businesses,
including parking lots, at all times during project construction in an manner approved
by the Director of Public Works.
j) Transportation:
i) Construction of the project will temporarily displace public parking spaces along
Manhattan Avenue.
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site from
further consideration and consider only the Second Street landing site and alignment.
This alternative eliminates the displacement of parking concerns along Manhattan
Avenue regarding displacement of parking. Conditions and mitigation measures have
been incorporated into the project, which avoid or substantially lessen the significant
environmental effect identified above.
ii) Construction of the project will temporarily cause traffic delays
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site from
further consideration and consider only the Second Street landing site and alignment.
This alternative would decrease environmental impacts during installation, mainly in
Page 3 2.
•
Findings and Facts in Support of Findings for PDP 01-10
relation to traffic delays. This alternative eliminates the concerns along Manhattan
Avenue regarding traffic delays. Construction along these streets will no longer delay
local traffic and prevent residential street parking. Construction along the affected
streets will be adjacent to the city boundary along these streets may force higher traffic
volumes on adjacent streets, particularly in Manhattan Beach, during this construction
period. Construction in front of a specific residential or commercial driveway is likely
to last no longer than 3 hours to 4 hours. Access to each driveway will be maintained
using steel plates over open trenches. The road and street pedestrian and bicycle
circulation network will not be impacted from the terrestrial operation of the cable
lines. Traffic delays associated with construction are expected to be 3 to 5 minutes.
The proposed route does not traverse signalized intersections with a LOS of D or
worse.
Facts in Support of Finding: The alternative of a single landing site at Second Street
would eliminate the environmental impacts relating to traffic impacts during installation
at the Longfellow site and along either the Manhattan Avenue or Greenbelt alignments.
Furthermore the use of a direct burial method of installation for the beach segment will
also significantly reduce the staging area required, the type and amount of equipment
needed for installation and the overall time required for completion. Pursuant to
Mitigation Measure #T-1 - 7, TyCom shall notify the Public Works Department, Fire
Department, Police Department, medics, and school bus garage of Hermosa Beach,
Redondo Beach, and Manhattan Beach, before operations so that they may re-route
emergency and service vehicles around the construction zones. Trenchless
construction will be used at major intersections, such as Pier and Manhattan Avenues,
and Pier Avenue and the greenbelt. During the permitting process, the cities of
Hermosa Beach and Redondo Beach will route project plans to the fire and police
departments in order to inform them of the potential effect on emergency response
along the terrestrial route. The equipment and materials will be delivered daily to the
individual work sites from this main site. Delivery of materials is expected to take
approximately 10 minutes to 20 minutes for unloading. In most cases, pedestrian
traffic will be diverted around the delivery truck, although it may be necessary to
divert pedestrian traffic to an adjacent bike path or street as an alternative. Standard
construction cones, signs, and traffic control personnel will be used to direct
pedestrians. The contractor shall prepare and submit traffic control plans prepared in
accordance with Caltrans and city guidelines to the Cities of Hermosa Beach and
Redondo Beach for review and approval before beginning construction. All business
and residences that would be directly affected by a blocked driveway or loss of
parking will be provided with advance notification from TyCom of one week as to
when the access and/or parking will be blocked. TyCom shall submit a parking plan to
the City of Hermosa Beach, subject to the review and approval by the Public Works
Director.
Findings'and Facts in Support of Findings for PDP 01-10
FINDINGS REGARDING SIGNIFICANT AND UNAVOIDABLE •
ENVIRONMENTAL IMPACTS.
a) Air Quality Impacts. Approval of the project will result in increased regional
and local air pollutant levels on a project -specific and cumulative basis.
Finding: Although mitigation measures have been adopted to address the
project's impacts on air quality, air emissions from the ocean segment installation will
exceed daily allowable limits established by the South Coast Air Quality Management
District (SCAQMD). Over a period of 12 to 24 days, the marine cable installation
activities generated from TyCom's sea vessels will result in daily emissions that
exceed the Southern California Air Quality Management District (SCAQMD)
thresholds for oxides of nitrogen, reactive organic compounds, carbon monoxide and
sulfur dioxide. Therefore,• vessel emissions from the project are considered significant
and unavoidable. TyCom will comply with the requirements imposed upon the project
by the City through the CEQA process. The City finds that there are specific economic
and operational considerations that make infeasible other mitigation measures or
alternatives identified in the EIR relating to air quality, including modifications or
substitutions to the vessel's existing engine systems. The benefits of the project
outweigh its potential adverse, air quality impacts, in that it will be a very limited
period of time in which the emissions are exceeded and that TyCom is conditioned to
mitigate that impact through credits out to three nautical miles. A Statement of
Overriding Considerations has been prepared and is set forth below.
Facts in Support of Finding: Pursuant to Mitigation Measure #A-4: TyCom shall
acquire emission credits, as per rules of the SCAQMD to further reduce NOX and
SO2 emissions. Pursuant to Mitigation Measure #A-5: TyCom shall use ARB on -road
diesel fuel to reduce ROC emissions for terrestrial vehicles only. Pursuant to
Mitigation Measure #A-6: TyCom shall implement a comprehensive maintenance
program for vessel diesel engines, to reduce CO emissions. Pursuant to Mitigation
Measure #A-7: TyCom shall use clean diesel fuel having a maximum sulfur content of
15 ppm, out to three nautical miles.
3. FINDINGS REGARDING ALTERNATIVES
The City Council has considered various project alternatives as analyzed in
the EIR and makes the following findings:
No Project Alternative. This alternative is required by CEQA. A No Project
alternative means the fiber optic cable would not be installed. With a No Project
alternative, none of the environmental impacts of the fiber optic cable installation,
operation or repair would occur. The No Project alternative is a no impact alternative,
since the existing project site conditions would not change.
Page 3 if
Findings and Facts in Support of Findings for PDP 01-10
Finding: Specific economic and operational considerations make this alternative
infeasible.
Facts in Support of Finding: The No Project Alternative is infeasible because it is
inconsistent with the City's goals, among others, enhancing beach and recreational
resources. Approval of the project allows the City to upgrade and maintain existing
beach related facilities and services. The No Project Alternative is also inconsistent
with the Applicant's goals, among others, of providing a financially sound project to
serve the transpacific ring and the LA Basin.
ii. Alternative route with a cable landing site in Manhattan Beach. This alternative
was identified to reduce the potential impact to fishers and whales. This alternative
was selected because Global -West installed fiber optic cable last year in Manhattan
Beach. This alternative would parallel the Global -West route, creating a cable
corridor.
Finding: Specific economic, social and operational considerations make this
alternative infeasible.
Facts in Support of Finding: This alternative would result in more impacts to the
length and time of construction, aesthetics, noise, public access and transportation. In
addition, the City of Manhattan Beach rejected the idea for a cable landing in its
jurisdiction, making this alternative infeasible.
iii. Terrestrial Route for Segment #5. A terrestrial cable system would have many more
environmental impacts than would Segment 5.
Finding: Specific economic and operational considerations make this alternative
infeasible.
Facts in Support of Finding: Although this alternative would reduce the marine
impacts, it would have more significant impacts on air quality, biological resources,
and terrestrial waters, making this alternative infeasible.
iv. One cable landing site rather than two in Hermosa Beach. A single fiber optic cable
site alternative was evaluated to reduce the noise and public access impacts associated
with two cable sites.
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site from
furtherconsideration and consider only the Second Street landing site and alignment.
This alternative would decrease many of the environmental impacts during installation
and is therefore a preferred alternative over the original project proposal.
Facts in Support of Finding: TyCom has elected to eliminate the Longfellow Avenue
landing site from further consideration and consider only the Second Street landing
site and alignment. This alternative would decrease environmental impacts during
Findings and Facts in Support of Findings for PDP 01-10
installation, mainly in relation to beach access, traffic, recreation, and noise. This
alternative would reduce beach and terrestrial impacts, but would not reduce the
marine impacts. Based on re evaluation by the applicant, this alternative can meet the
project objectives.
v. Terrestrial route using existing fiber. This alternative would require TyCom to lease
multiple routes of existing fiber and would not fulfill TyCom's objective to provide
their customers with reliable and uninterrupted service diverse from the terrestrial
corridors, making this alternative infeasible.
Finding: Specific economic and operational considerations make this alternative
infeasible.
Facts in Support of Finding: This alternative would reduce beach and terrestrial
impacts, but would not reduce the marine impacts and did not meet the project
objectives, since it would somewhat comprise the security of a ring system.
vi. Boring to the cable landing rather than trenching. According to the Coastal
Commission staff, projects that use boring rather than trenching have minimized or
eliminated impacts on public access recreation and biological resources.
Finding: Specific economic, physical and operational considerations make this
alternative infeasible.
Facts in Support of Finding: Boring from a single site does not allow for route
segment diversity and does not meet the project the objectives, making this alternative
infeasible. Boring from the staging area in Redondo Beach has substantial technical
limitations, which make this alternative infeasible. In addition, the use of direct burial,
as discussed below, will have very short-term impacts on beach usage avoiding the
need for boring.
vii. Alternative fiber optic cable installation method in the beach. A direct cable landing is
the method typically used in the submarine cable industry and utilized for most shore -
end cable installations around the world. The time period to do a direct burial is fairly
short in comparison to other methods, including drilling.
Finding: TyCom has elected to eliminate the Longfellow Avenue landing site from
further consideration and consider only the Second Street landing site and alignment.
This alternative of using direct burial would decrease many of the environmental impacts
during installation and is therefore a preferred alternative over the original project
proposal. The applicant has chosen to utilize this alternative to help reduce and/or
avoid potentially significant impacts. The City concurs with the use of the method of
burial.
Facts in Support of Finding: The alternative of a single landing site at Second Street
would eliminate the environmental impacts relating to traffic, noise, beach access,
Page 3
Findings and Facts in Support of Findings for PDP 01-10
parking, and public services impacts during installation at the Longfellow site and along
either the Manhattan Avenue or Greenbelt alignments. Furthermore the use of a direct
burial method of installation for the beach segment will also significantly reduce the
staging area required, the type and amount of equipment needed for installation and the
overall time required for completion, but would have similar impacts on the marine
segment.
4. Statement of Overriding Considerations.
The City Council has considered the potentially unavoidable adverse
environmental impact identified above (air quality) in deciding whether to approve the
Project. Although the City Council believes that the unavoidable impact identified in
the EIR relating to air quality will be substantially lessened by the mitigation measures
incorporated into the project, it recognizes that approval of the Project will nonetheless
result in an unavoidable impact.
The City Council specifically finds that, to the extent that adverse impact set
forth above have not been mitigated to level of insignificance that specific economic,
operational, social, legal, environmental, technological or other benefits of the project
outweigh the significant effect on the environment. Furthermore, the City Council
finds that any and each of the considerations is sufficient to approve the Project
despite the unavoidable impact identified and that each of the overriding
considerations is adopted with respect to the impact individually and that each
consideration is severable from any other considerations should one or more
consideration be shown to be legally insufficient for any reason. The following
considerations support approval of the Project:
a) The Project will implement the City's General Plan. The City has determined
pursuant to its General Plan, Coastal Land Use Plan and other plans, that the sites,
routes and alignments are appropriate for the fiber optic cable system. Given all
the facilities will be underground or under the sea floor, the existing character of
the surrounding areas will not be affected.
b) The Project will provide a needed public service of increasing capacity and
reliability for voice data and Internet transmission from Asia to the United States
and eventually serving the LA Basin. This fiber optic cable project is considered a
public facility, public utility/structure and a public corridor under the FCC.
c) The Project, following installation, will not adversely impact the beachfront, affect
views, impact parking or would increase traffic, in that the fiber optic cables will
be buried on the beach the street or greenbelt, and either buried or laid on the sea
floor, therefore the presence of these fiber optic cables will not be in conflict with
the goals of the General Plan and Zoning Ordinance relating to preserving open
space or protecting the beach and ocean as a natural resource.
Page -2,7
Findings and Facts in Support of Findings for PDP 01-10
d) There is a very limited period of time (approximately 12-24 days) in which the
emissions are exceeded and that TyCom is required to mitigate that impact through
acquiring emission credits out to three nautical miles.
e) TyCom has elected to eliminate the Longfellow Avenue landing site from further
consideration and consider direct burial at only the Second Street landing site.
These alternatives help reduce and/or avoid potentially significant short-term air
quality impacts.
f) The air quality related mitigation is imposed to the extent of the City's three
nautical mile jurisdictional limits.
cd.TyCom.Exhibit A CC 12-11 (12-6)
Page 3 S
E)CI-ibir t�o.
MITIGATION MONITORING PROGRAM PLAN
TYCOM TRANSPACIFIC FIBER OPTIC CABLE AND HERMOSA BEACH
LANDING PROJECT
LEAD AGENCY: CITY OF HERMOSA BEACH
Prepared: November 2001
INTRODUCTION
The purpose of this plan is to describe the mitigation monitoring program for the TyCom
Transpacific Fiber Optic Cable and Hermosa Beach Landing Project. The plan covers the
environmental mitigation measures adopted by the City of Hermosa Beach (City) based
on the Environmental Impact Report (EIR) prepared for the project. This plan has been
prepared in accordance with Section 15097 of the CEQA Guidelines. It describes the
roles and responsibilities for implementing the project's mitigation measures. It also lists
the responsible party for monitoring and documenting their implementation and describes
how compliance will be enforced.
The attached Mitigation Monitoring Program table summarizes the plan's components.
Although the attached table provides only a summary of each' mitigation measure, a full
description of each measure is included in the project's Draft EIR (September 2001). In
order to fully implement this plan, each responsible party must consult the full text of the
mitigation measure in the Draft EIR.
ROLES AND RESPONSIBILITIES
Project Applicant
TyCom Networks (US), Inc. is the project applicant and is therefore responsible for
implementing all of the project mitigation measures.
Lead Agency
The City of Hermosa Beach is the project's CEQA Lead Agency. The City's Community
Development Department (CDD) is responsible for coordinating the mitigation
monitoring program for this project. Although several City departments will be involved
in documenting compliance with the mitigation monitoring plan, the CDD is responsible
for the City's overall mitigation monitoring program and all final mitigation monitoring
reports.
Responsible Agencies
The City of Hermosa Beach will consult with Responsible Agencies regarding adequate
compliance with certain mitigation measures, as discussed in the Draft EIR. For
example, in the Marine Biological Resources section of the Draft BIR, Mitigation
Measure #MB -2 requires that the City consult with the California Coastal Commission to
confirm that an adequate compensation fee has been paid for impacts to hard -bottom
substrate. Compliance with permit conditions adopted by a Responsible Agency as part
"2a
of the project's permitting process is not part of this mitigation measure monitoring
program.
REPORTING AND DOCUMENTATION
Reporting and documentation of mitigation monitoring program compliance is outlined in
the following paragraphs.
Pre -construction Surveys
If a pre -construction survey is required due to the selection of the Greenbelt Option, the
City will contract with a qualified third -party biologist. The biologist will conduct the
survey as required in the Draft EIR and provide a report to the City prior to construction.
Daily Logs
The City will contract with third -party resource specialists to monitor compliance with
cultural resources and marine mammal mitigation measures where required in the Draft
EIR. These specialists will maintain daily logs documenting compliance with mitigation
measures.
In addition, TyCom will have a construction inspector keep daily logs documenting
compliance with mitigation measures throughout the cable installation process. These
daily logs will be available to a City inspector who will visit the construction site at least
once per week.
Monthly Reports
TyCom will submit to the City of Hermosa Beach (CDD) monthly reports documenting
compliance with all mitigation measures during that period. The reports will be
submitted to the CDD by the first day of every month. These reports will contain proof
that each mitigation measure has been implemented.
Post -construction Report
When cable installation is complete, TyCom will prepare a final report documenting
implementation of each mitigation measure. The report will include such documentation
as photographs, proof of compliance with notification requirements and an appendix
containing the daily logs.
ONGOING REPORTING
Some mitigation measures identified in the Draft EIR require ongoing reporting. TyCom
will provide the City copies of surveys and other documentation, as required.
SPECIAL EVENT REPORTING
SpilVAccident Reporting
If a spill is detected, the procedures described in the Spill Prevention and Contingency
Plan will immediately be enacted to safely contain and remove spilled material. The first
person to observe the spill will report the incident to their supervisor, who will report it to
the construction supervisor. The construction supervisor will have primary responsibility
for contacting the appropriate governmental agencies. All spills that have the potential to
adversely affect the environment or human health will be reported to the City. In addition
to incident notification at the time it occurs, incident reports will be included in the
routine monthly reports discussed above. TyCom will also make all other agency
notifications as required by applicable laws and regulations.
Unanticipated Hazardous Waste
In the event that unanticipated, potential hazardous substances are encountered along the
right-of-way, the construction supervisor will make all agency notifications as required
by applicable laws and regulations. TyCom will also notify the City immediately and
include an incident report in the monthly monitoring report.
Unanticipated Cultural Resources
If the construction contractor encounters items that may be cultural resources in areas not
previously documented to have cultural resources present, TyCom will notify the
cultural resources monitor.
FINAL MITIGATION MONITORING PROGRAM REPORT
The Community Development Department will prepare a final mitigation monitoring
program report when all of the installation activities covered by the Draft EIR are
complete.
ENFORCEMENT
If the project applicant does not implement the mitigation measures as required, the
Community Development Director will work with the City Public Works Director to
bring the project into compliance. The steps that could be taken to require compliance
include: reducing daily work hours, limiting activities or stopping the construction if it is
not in compliance with the EIR and/or City permits.
COMMUNICATIONS
The Community Development Department Director will present a fmal mitigation
monitoring program report to the Planning Commission in order to inform its members of
the program's level of success. The Director will also provide the fmal mitigation
monitoring program report to Responsible Agencies upon request.
t� I
Mitigation Monitoring Program Summary Table
Ref.
: .. :
Impact
mile: sein"Yr - : creatlotLP .;
•
Mitigation •
.
.,„, t ',, ” a . r. 2'.,. i-.. . 1 F 1
Responsible
Party
(Implementation)
Monitoring Report
Timing of or Other
Implementation Documentation
Required
, �.. .
Responsible
Agency for
Mitigation
Monitoring
a
, ntMt
#MU/LU/R-1
During cable installation, the
project may cause vessels to
change their course which
would limit fishing activities in
the vicinity of the cable.
•
Mitigation Measure #MU/LU/R-1: TyCom
will keep its Notice to Mariners current by
providing written update notices to the
Commander, Eleventh Coast Guard District,
501 West Ocean Boulevard, Long Beach
California 90802, every two weeks during
project installation.
Tycom, Project
Applicant
Every two weeks
during project
installation
Written update notices
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-2: Similar
to the Notice to Mariners, TyCom shall
provide notice to Department of
Conservation, U.S. Navy, CCC, and the
Cities of Hermosa Beach and Redondo Beach
two weeks before commencement of marine
cable installation.
Tycom, Project
Applicant
Two weeks before
commencement of
marine cable
installation.
Written update notice
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-3: After the
marine alignments have been installed,
TyCom will submit as -laid plans, including
depth of burial from the mean high tide to
1,800 -meter water depth, to the Department
of Conservation, U.S. Navy, CCC, and the
Cities of Hermosa Beach and Redondo
Beach.
Tycom, Project
Applicant
After the marine
alignments have
been installed
As -laid plans,
including depth of
burial from the mean
high tide to 1,800-
meter water depth
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-4: Every 18
months for the life of the project, or at a
modified frequency if authorized by the CCC,
TyCom will survey the marine alignments
from mean high-water line to the 1,200 -meter
seawater depth mark to verify that the
alignments have remained buried consistent
with the as -laid plans detailed in Mitigation
Measure #MU/LU/R-3.
Tycom, Project
Applicant
Every 18 months for
the life of the
project, or at a
modified frequency
if authorized by the
CCC
Survey report of the
marine alignments
from mean high-water
line to the 1,200 -meter
seawater depth mark
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-5: Ninety
days before taking the marine cables out of
service or expiration of the submerged land
lease or permits with Hermosa Beach,
TyCom will apply for amendments to all
applicable marine permits to retire, abandon,
or remove the cable.
Tycom, Project
Applicant
Ninety days before
taking the marine
cables out of service
or expiration of the
submerged land lease
or permits
Application
City of Hermosa
Beach
1
Ref.
Impact
'
Mitigation
Responsible
Party
mplementation)
(IRequired
Timing of
Implementation
Monitoring Report
or Other
Documentation
•
Responsible
Agency for
Mitigation
Monitoring
#MU/LU/R 2:
Construction of the proposed
project, its maintenance, and
any planned/emergency repairs
will temporarily disrupt
nearshore recreational uses.
Mitigation Measure #MU/LU/R-6: TyCom
will protect public safety by preventing public
access to the marine construction zone using
barriers, buoys, or other controls.
Tycom, Project
Applicant
Construction in
marine zone close to
shore
Monitoring
City of Hermosa
Beach
#MU/LU/R 3:
The project will limit beach use
during construction of the
north and south landings.
Mitigation Measure #MU/LU/R-7: TyCom
will compensate for the displacement of
public use of the beach by providing
monetary compensation to fund beach -related
improvements that is being negotiated with
the City of Hermosa Beach as part of a lease
agreement. The compensation will be greater
if beach or other public access is displaced
during the peak beach -use season between
Memorial Day and Labor Day..,
Tycom, Project
Applicant
Prior to construction
Part of lease
agreement with the
City of Hermosa
Beach
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-9: A plan
will be submitted to the City of Hermosa
Beach Community Development Director and
Public Works Directors for City and CCC
approval showing how TyCom will ensure
that the cable stays buried in the shoreline
area such that it won't impact beach users.
Tycom, Project
Applicant
Prior to construction
Burial Plan
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-10: TyCom
will submit detailed engineering (plan, profile
and cross section) as -laid plans of the
nearshore and beach areas (30 meter sea
water depth mark to the western edge of The
Strand) along the cable alignments including
depth of burial to the CCC, County of Los
Angeles Lifeguards and Hermosa Beach. The
cable location shall be recorded to national
map standard accuracy.
Tycom, Project
Applicant
Prior to construction
As -laid plans of the
nearshore and beach
areas (30 meter sea
water depth mark to
the western edge of
The Strand)
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-11: TyCom
will fence the staging area and cover the
fence with screening acceptable to the
Community Development Director to prevent
public access and reduce the visibility of
construction activities.
Tycom, Project
Applicant
Prior to construction
Photograph
City of Hermosa
Beach
Ref. Im pact
Mitigation
Responsible
Party
(Implementation)
Timing of
Implementation
Monitoring Report
or Other
Documentation
Required
Responsible
Agency for
Mitigation
Monitoring
Mitigation Measure #MU/LU/R-12: TyCom
will provide written notice to the City of Los
Angeles, City of El Segundo, City of
Lawndale, City of Manhattan Beach, City of
Redondo Beach, and City of Torrance one
month prior to the commencement of
construction to alert these municipalities that
a portion of the beach will be closed, the
length of time It will be closed and to provide
a telephone number for answers to questions
regarding the project.
Tycom, Project
Applicant
One month prior to
the commencement
of construction
Written update notice
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-13: A week
before preparation of staging and construction
areas, TyCom will relocate the existing
municipal facilities on the beach.
Tycom, Project
Applicant
Week before
preparation of
staging and
construction areas
Photograph
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-14: One
month before commencement of construction,
TyCom will coordinate with the Caltrans,
County of Los Angeles Lifeguards and
Hermosa Beach to provide signage along the
Pacific Coast Highway, Hermosa Avenue,
Longfellow Avenue, Second Street, Pier
Avenue and at the beach, to alert visitors that
a part of the beach will be closed, the length
of time it will be closed and a telephone
number for answers to questions regarding
the project. Notice will also be given to local
residents through announcement in The
Beach Reporter and on the City of Hermosa
Beach's website.
Tycom, Project
Applicant
One month before
commencement of
construction
Daily log/Monthly
Report
City of Hermosa
Beach
#MU/LU/R-4:
Terrestrial cable construction
will disrupt access to bicycle
lanes, The Strand, and the
beach.
Mitigation Measure #MU/LU/R 15: TyCom
will ensure that access to The Strand is not
disrupted for more than 4 hours at any
location. Detours to maintain access will be
marked and designed to protect public safety.
Tycom, Project
Applicant
During construction
near The Strand
Daily log
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-16: Before
initiating construction, TyCom will
coordinate with Hermosa Beach and provide
signage along the length of all affected roads
to advise bicyclists of the temporary
construction and the estimated period of
construction along these routes.
Tycom, Project
Applicant
Prior to construction Daily log
City of Hermosa
Beach
3
Ref. Im pact
Mitigation
Responsible
Party
(Implementation
Timing of
Implementation
Monitoring Report
or Other
Documentation
Required • •
Responsible
Agency for
Mitigation
Monitoring
Mitigation Measure #MU/LU/R 17:: During
construction of segments at pedestrian or bike
paths, the construction crews will keep all
construction equipment and trenching
equipment off the paved roadway or it will be
maintained to the maximum extent feasible to
allow bicyclists to continue to use the road or
detours. Otherwise, alternate routes.
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-18: During
construction when equipment is located in the
roadway, the project applicant will provide
flag persons to guide pedestrian, bicyclists
and motor vehicles past the construction
zone.
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
Mitigation Measure #MU/LU/R-19: Upon
completion of construction, the project
applicant will repair all pedestrian bicycle
lanes that have been damaged by the
construction process to City standards (or
other jurisdictional standards such as the
Caltrans if applicable).
Tycom, Project
Applicant
Upon completion of
construction
Photograph/monthly City of Hermosa
report Beach
#MU/LU/R 6:
Construction nuisances
associated with cable
installation will adversely
affect residential and
commercial areas.
Mitigation Measure #MU/LU/R-20: TyCom
will maintain access to neighborhood
businesses including parking lots at all times
during project construction.
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
GEOI.oGY/SOU.SIMWERAL RESOURCE8::.
#G -l:
Construction activities will
disturb soil, leaving it
unprotected and more
susceptible to erosion,
especially during periods of
rain.
Implement Mitigation Measure #W-6.
Tycom, Project
Applicant
During construction
Monitoring
City of Hermosa
Beach
#G2:
Earthquakes may result in
tsunamis, landslides or
liquefaction, which could
present an increased risk to
humans, or threaten the
integrity of the project
components, requiring repair,
re -installation and/or removal
activities.
Mitigation Measure #G-1: All components
will be built to City -approved standards,
incorporating appropriate seismic design
standards.
Tycom, Project
Applicant
During construction
City building
inspector's report
City of Hermosa
Beach
Ref.
#6-3:
Impact
The project may result in an
accidental collision with an
active or inactive (plugged and
abandoned) well in the project
area.
Mitigation
Mitigation Measure #G-2: No action is
required for the proposed route. If any
alterations are made to the route aligning
within 50 feet of any oil and gas wells, the
wells should be identified and flagged in the
field so that all construction activities will
avoid them. If the route collides with a well,
the immediate area will be evacuated and
flagged off. CDC, Division of Oil and Gas,
will be notified immediately. The
construction supervisor will initiate
consultation with the division for remedial
operations.
Responsible
Party
(Implementation)
Tycom, Project
Applicant
Timing of
` Implementation
Project Changes
could cause impact
and require
mitigation
Monitoring Report
or Other
Documentation
Required
Monthly Report
Responsible
Agency for
Mitigation
Monitoring
City of Hermosa
Beach
#G-4:
Construction of the project
could accelerate or otherwise
alter the natural migration of
sand at Hermosa Beach.
Mitigation Measure #6-3: A plan showing
how TyCom will ensure that the fiber optic
cable stays buried in the shoreline area shall
be submitted to the City of Hermosa Beach
Community Development Director.
Tycom, Project
Applicant
Prior to construction
Burial Plan
City of Hermosa
Beach
#G-5:
Scouring due to cable
installation may result in a
preferential pathway of water
through the project area,
ultimately leading to increased
beach sand erosion or an
alteration of natural sand
migration.
Mitigation Measure #G-4: Trench
backfilling will begin immediately after the
cable is placed in the trench. Backfill
material will be compacted to eliminate
erosion and sand settlement in conformance
with the specifications of the City of Hermosa
Beach and the City of Redondo Beach.
Monitoring activities are included in
Mitigation Measure #G-3.
Tycom, Project
Applicant
During construction
Monitoring/Monthly
Report
City of Hermosa
Beach
#G-8:
Installation may result in an
accidental collision with an
active or inactive (plugged and
abandoned) well in the project
area.
Mitigation Measure #6-5: The route as
proposed will not result in a collision with
any offshore oil and gas well. However, if
the route collides with an offshore well (out
to 3 statute miles), the immediate area will be
evacuated and the area flagged off. The
CDC, Division of Oil and Gas will be notified
immediately. The construction supervisor
will initiate consultation with the division for
remedial operations. In the event of collision
with a well outside the 3 statute mile line, the
Mineral Management Service will be
contacted.
Tycom, Project
Applicant
During construction
Monitoring/Monthly
Report
City of Hermosa
Beach
5
Ref.
Impact
Water :Resoutcos .
Mitigation
Responsible Timing of
(Implementation) Implementation
Party
Monitoring Report
or Other
Documentation
Required
Responsible
Agency for
Mitigation
Monitoring
#W-4:
Vessel fuel discharges may
cause exceedances of water
quality standards.
Mitigation Measure #W-1: The proponent
will have a shipboard oil pollution emergency
plans (SOPEPs) for their installation, repair,
and monitoring. The SOPEPs will comply
with International Convention for the
Prevention of Pollution from Ships
(MARPOL) Annex 1. .
Tycom, Project
Applicant
Prior to construction
Shipboard oil
pollution emergency
plans (SOPEPs)
City of Hermosa
Beach
Mitigation Measure #W-2: The primary
work vessel will carry on board a minimum
of 122 m. (400 feet) of sorbent boom; five
bales of sorbent pads at least 45cm by 45cm
(18 inches by 18 inches) square and a small
powered boat for rapid deployment to contain
and clean up any small spill or sheen on the
water surface
Tycom, Project
Applicant
During construction
Monthly Report
City of Hermosa
Beach
#W -S:
The discharge of contaminants
associated with sewage waste,
deck drainage, bilge water, or
ballast water to marine waters
from working vessels could
violate water quality standards.
Mitigation Measure W-3: Ballast water will
not result in the discharge of ballast in waters
less than 22.2 kilometers of shore (12
nautical mile [(nm]). Ballast water
management, record keeping and reporting
will be in compliance with applicable
MARPOL and USCG regulations.
Mitigation Measure W-4: Vessels will not
discharge untreated sewage into marine
waters less than 22.2 kilometers off -shore (12
nautical miles). Vessels must be equipped to
collect and contain or treat sewage wastes.
Vessels will not discharge untreated bilge
water to the marine waters less than 22.2
kilometers off -shore (12 nautical miles [nun]).
Treatment and handling of sewage, bilge
water, and deck drainage will be in
accordance with applicable MARPOL and
USCG regulations.
Tycom, Project
Applicant
Prior to construction
Ballast water
management, record
keeping and reporting
will be in compliance
with applicable
MARPOL and USCG
regulations
City of Hermosa
Beach
Mitigation Measure W-5: All work vessels
will maintain a logbook to keep track of all
debris created by objects of any kind that may
fall into waters within the jurisdictional areas
of permitting agencies. Types, date, time,
and location of debris that enters water during
offshore operations will be documented to
facilitate identification and location of debris
for debris recovery and site clearance
verification.
Tycom, Project
Applicant
During offshore
operations
Maintain a logbook City of Hermosa
Beach
Ref.
Impact
Mitigation
Responsible
Party
(Implementation
Timing of.
Implementation
Monitoring Report
or Other
Documentation
Required
Responsible
Agency for
Mitigation
Monitoring
Mitigation Measure W-4: Vessels will not
discharge untreated sewage into marine
waters less than 22.2 kilometers off -shore (12
nautical miles). Vessels must be equipped to
collect and contain or treat sewage wastes.
Vessels will not discharge untreated bilge
water to the marine waters less than 22.2
kilometers off -shore (12 nautical miles).
Treatment and handling of sewage, bilge
water, and deck drainage will be in
accordance with applicable MARPOL and
USCG regulations.
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
Mitigation Measure W-5: All work vessels
will maintain a logbook to keep track of all
debris created by objects of any kind that may
fall into waters within the jurisdictional areas
of permitting agencies. Types, date, time,
and location of debris that enters water during
offshore operations will be documented to
facilitate identification and location of debris
for debris recovery and site clearance
verification.
Tycom, Project
Applicant
During construction
Maintain a logbook
City of Hermosa
Beach
#W-6:
On -shore construction may
cause sand and sediments to
erode, leading to increased
turbidity in the marine waters
and violations of marine water
quality standards.
Mitigation Measure #W-6: The proponent
will develop and implement a SWPPP that
identifies BMPs to be used during all
construction activities.
Tycom, Project
Applicant
Prior to construction
Develop and
implement a SWPPP
City of Hermosa
Beach
Marine Biology
Ref.
I pact
Mitigation
•
Responsible
Party
(Implementation)
Timing of
Im plementation
Monitoring Report
or Other
Documentation
Required
Responsible
Agency for
Mitigation
Monitoring
#MB -2:
Excavation of the beach area in
April or May could violate
CDFG Code 8381.
Mitigation Measure #MB -1: If the intertidal
beach work occurs in March through August,
a biologist will monitor the beach within 30
meters of each cable landing site on the third
or fourth night following a full moon or new
moon and one to five hours after high -high
tide within the two weeks before installation.
If a spawning event occurs during the two
weeks before construction activities,
additional monitoring would be conducted
during the next high tide cycle to determine if
a, new spawn has occurred. Beach
construction activities will be limited to a
time period that will avoid impacts to
spawning, incubation, and hatching.
Monitoring will occur based on CDFG's
predicted grunion spawning run schedule (see
www.dfg.ca.gov/mrd/). A qualified biologist
will determine the day on which the
construction can begin again after a spawning
event.
Tycom, Project
Applicant
During intertidal
beach construction
Monitoring
City of Hermosa
Beach
#MB -3:
Direct harm and disturbance to
hard -substrate benthic biota
caused by installation, cable
strumming, or cable retirement
is a significant adverse impact
because the community will
not re-establish itself within
one year of the project
activities.
Mitigation Measure #MB -2: In order to
reduce the potential impact to hard -bottom
substrate, TyCom has designed the route to
minimize crossing high -relief outcrops.
TyCom has agreed to pay the established
compensation fees for actual impacts that
result in disruption to slow growing
organisms that take longer than one year to
recover within jurisdictional areas of the
USACE, CCC or other relevant regulatory
agencies.
Tycom, Project
Applicant
One year after
construction is
completed
Letter to USACE and
CCC or other relevant
regulatory agencies
City of Hermosa
Beach
#MB -8:
Project -related vessels could
collide with a marine mammal
during the pre -lay grapnel run,
cable installation, maintenance,
post -lay burial verification
surveys, and retirement.
Mitigation Measure #MB -3: To reduce the
potential for interference, four biologists
familiar with marine mammal behavior will
be aboard the cable vessel or on a separate
vessel engaged for post lay inspection, cable
repair operations or burial of the cable to
watch for marine mammals that approach the
project area during operations. Monitors will
be on board cable vessels or on a separate
vessel within the jurisdictional limits of
relevant permit authorities. This protocol will
be followed unless otherwise determined by
the CCC in consultation with NMFS.
Tycom, Project
Applicant
During construction Monitoring
City of Hermosa
Beach
Ref. Im pact
Mitigation
Responsible
Party
(Implementation)
Timing of
Implementation
Monitoring Report
or Other
Documentation
Required
Responsible
Agency for
Mitigation
Monitoring
Mitigation Measure #MB -4: Support vessels
will make every effort to maintain a distance
of 1,000 feet from sighted whales and other
threatened or endangered marine mammals
and sea turtles.
Tycom, Project
Applicant
During construction
Monitoring
City of Hermosa
Beach
Mitigation Measure #MB -S: Support vessels
will not cross in front of migrating whales
Tycom, Project
Applicant
During construction
Monitoring
City of Hermosa
Beach
Mitigation Measure #MB -6: When
paralleling whales, support vessels will
operate at a constant speed that is not faster
than the whales.
Tycom, Project
Appl leant
During construction
Monitoring
City of Hermosa
Beach
Mitigation Measure #MB -7: Female whales
will not be separated from their calves.
Tycom, Project
Applicant
During construction
Monitoring
City of Hermosa
Beach
Mitigation Measure #MB -8: Support vessels
will not be used to herd or drive whales.
Tycom, Project
Applicant
During construction
Monitoring
City of Hermosa
Beach
Mitigation Measure #MB -9: If a whale
engages in evasive or defensive action,
support vessels will drop back until the
animal calms or moves out of the area.
Tycom, Project
Applicant
During construction
Monitoring
City of Hermosa
Beach
Mitigation Measure #MB -10: Collisions with
marine mammals or sea turtles shall be
reported promptly to the federal and state
agencies listed below, pursuant to each
agency's reporting procedures.
Tycom, Project
Applicant
During construction
#MB -9:
Unburied or suspended cable
on the seafloor could cause
abandonment of fishing gear or
otherwise entangle a sperm
whale or grey whale as it feeds
on or near the seafloor.
Mitigation Measure #MB -11: As discussed
in the Project Description, TyCom will bury
the marine fiber-optic cable to reduce the
probability that fishing gear will become
snagged.
Tycom, Project
Applicant
During construction
Monitoring and
reports promptly to
the federal and state
agencies listed below,
pursuant to each
agency's reporting
procedures
Post -installation
survey
City of Hermosa
Beach
City of Hermosa
Beach
Mitigation Measure #MB -12. TyCom will
inspect the route immediately following
installation, every 18 months thereafter
(unless otherwise authorized by the CCC),
and after events that affect the cables for the
life of the project to ensure that the fiber-optic
cables remain buried.
Tycom, Project
Applicant
After construction is
completed and every
18 months thereafter
Annual report
City of Hermosa
Beach
Mitigation Measure #MB -13: TyCom will
attempt to rebury any cable that becomes
exposed after installation for any reason (e.g.,
fishing gear snags, cable repair, or shifting
sediments).
Tycom, Project
Applicant
During and after
construction
Annual report
City of Hermosa
Beach
Mitigation Measure #MB -14: TyCom will
attempt to retrieve lost fishing gear.
Tycom, Project
Applicant
During and after
construction
Annual report
City of Hermosa
Beach
9
Responsible Monitoring Report Responsible
• Timing of or Other Agency for
Ref. Impact Mitigation Party•
Implementation Documentation � Mitigation
(Implementation) Required Monitoring
#MB -10:
Project -related vessels could
collide with a sea turtle during
the pre -lay grapnel run, cable
installation, maintenance, post-
lay burial verification surveys,
and retirement.
Mitigation Measure #MB -15: To reduce the
potential for interference, four biologists
familiar with sea turtle basking behavior will
be on the cable lay or support vessel to watch
for sea turtles that approach the project area
during operations. If an individual
approaches the work area, the monitor will
have the authority to cease operations (stop
the vessel) until the animal leaves the area.
Tycom, Project
Applicant
During construction
Monitoring
City of Hermosa
Beach
Fisheries' .i
#F-3:
.
The exclusion of fishers from
fishing grounds near cable
laying vessels could increase
fishing pressure in areas where
fishing is not precluded.
Mitigation Measure #F-1: TyCom will
advise commercial and recreational fishermen
of a definite work schedule two weeks in
advance of installation.
Tycom, Project
Applicant
Two weeks prior to
construction
Work schedule
City of Hermosa
Beach
#F-6:
•
The loss of fishing gear could
impact fish and other marine
animals.
'
•
Mitigation Measure #F-2: TyCom will bury
the entire marine cable 1 meter below the
seafloor for areas where the water depth is
less than 1,200 meters, except where the
bottom features prevent burial.
Tycom, Project
Applicant
During construction
Survey Results
City of Hermosa
Beach
Mitigation Measure #F-3: Unless otherwise
permitted by CCC, TyCom will inspect the
route immediately following installation,
every 18 months thereafter, and after events
that affect the cables for the life of the project
to ensure that the cables remain buried.
Tycom, Project
Applicant
After construction is
completed and every
18 months thereafter
Annual Report
City of Hermosa
Beach
Mitigation Measure #F-4: TyCom will
attempt to rebury any cable that becomes
exposed after installation.
Tycom, Project
Applicant
During construction
Annual Report
City of Hermosa
Beach
Mitigation Measure #F-5: Commercial
fishers will be compensated for fishing gear
(including anchors) that is damaged or lost
during installation or becomes snagged on the•
marine cables.
Tycom, Project
Applicant
During and after
construction
Annual Report
City of Hermosa
Beach
Mitigation Measure #F-6: TyCom will
attempt to retrieve lost fishing gear
immediately.
Tycom, Project
Applicant
During construction
Annual Report
City of Hermosa
Beach
Mitigation Measure #F-7: Fishers will be
held harmless for unintentional damage to a
buried cable, as long as fishers exercise a
reasonable standard of care and are
complying with international and national
laws.
Tycom, Project
Applicant
During and after
construction
Annual Report
City of Hermosa
Beach
#F-8:
Fishing gear could damage the
fiber optic cable.
Implement Mitigation Measures #F-3, #F-4,
and #F-7.
Tycom, Project
Applicant
During construction
See above
City of Hermosa
Beach
Ref.
#F-10:
Impact
Increased fishing pressure in
areas away from the cables
could result in overfishing.
Mitigation
Implement Mitigation Measures #F-5, and
#F-7.
Responsible
Party
(Implementation)
Tycom, Project
Applicant
Monitoring Report
Timing of or Other
Implementation Documentation
Required
During construction See above
•
Responsible
Agency for
Mitigation
Monitoring
City of Hermosa
Beach
Terrestrial Biological Resources . , , , ° ?t ,,..,
#TB -1:
Trenching activities could
disturb the habits of common
wildlife species and their
habitats protected by the City
of Hermosa Beach General
Plan Conservation Element.
Mitigation Measure #TB -1: Measures will
be implemented to further minimize impacts
to common wildlife, including covering or
fencing holes or trenches, and monitoring
construction area for trapped wildlife.
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
#TB -3
Trenching activities and
associated noise created by this
activity has the potential to
disturb nesting and foraging
habitat of protected migratory
bird species and raptors.
Mitigation Measure #TB -2: TyCom will
conduct preconstruction raptor surveys if
construction occurs in the greenbelt between
March and August (i.e., the period covering
the nesting seasons of Cooper's hawks,
American kestrels, red -shouldered hawks,
red-tailed hawks, and peregrine falcons). If
active nests are identified, a no -construction
zone will be established around the nest.
Tycom, Project
Applicant
Prior to and during
construction
Survey report
•
City of Hermosa
Beach
Cultural Resources ' 4,
#CR -1:
The destruction or substantial
adverse change in the
significance of a historic or
archaeological resource,
including human remains, as a
direct or indirect result of
TyCom's project would be a
significant environmental
impact.
Cultural Resources Mitigation #CR -1:
TyCom has agreed to conduct enhanced
monitoring for all soil -disturbing activities
from Fifth Street south to the TyCom Cable
Station.
-
Tycom, Project
Applicant
During construction
Monitoring
City of Hermosa
Beach
#CR -2:
The destruction or substantial
adverse change in the
significance of an unrecorded
historic or archaeological
resource, including human
remains, as a direct or indirect
result of TyCom's project
would be a significant
environmental impact.
Cultural Resources Mitigation #CR -2:
TyCom has agreed to conduct standard
archaeological monitoring for all soil -
disturbing activities north of Fifth Street in
Hermosa Beach.
Tycom, Project
Applicant
During construction
Monitoring
City of Hermosa
Beach
#CR -3:
The destruction or substantial
adverse change in the
significance of an historic or
archaeological resource, as a
direct or indirect result of
TyCom's project, would be a
significant environmental
impact.
Cultural Resources Mitigation #CR -3:
TyCom has agreed to conduct additional
marine surveys and to avoid any features
identified during the survey that could be
cultural resources of potential significance.
Tycom, Project
Applicant
Prior to construction
Survey reports and
monitoring
City of Hermosa
Beach
Ref.
Im pact
Mitigation
Responsible
Party
(Implementation
Timing of
Implementation
Monitoring Report
or Other
Documentation
Required
Responsible'
Agency for
Mitigation
Monitoring
Cultural Resources Midgadon #CR -4: The
additional survey identified in #CR -3,
above, will cover about 10% of the total
distance of the routes, including nearshore
areas where most shipwrecks would be
expected. Historic shipwrecks tend to be
better preserved in deep water (i.e., in excess
of 100 meters). If that survey does not reveal
potential shipwrecks that were not already
identified by sidescan sonar no further
surveys would be required. If, however, the
survey reveals potential shipwrecks that were
not already identified by the sidescan sonar,
then the entire portions of the route where the
water depth is less than 1,200 meters would
have to be surveyed with a magnetometer. If
features are identified that could be cultural
resources of potential significance, TyCom
has agreed to reroute the cable(s) and avoid
the identified feature(s) by at least 100
meters.
Tycom, Project
Applicant
Prior to construction
Survey reports
City of Hermosa
Beach
Noise
#N-1:
Project construction noise will
result in a potentially
significant impact.
Mitigation Measure #N-1: The applicant will
limit construction to 8 a.m. to dusk, Monday
through Friday.
Tycom, Project
Applicant
During construction
Daily logs/City
inspector
City of Hermosa
Beach
Mitigation Measure #N-2: The contractor
will implement operational constraints, to the
extent feasible, such as operating only one
piece of equipment at a time, and shutting it
off when not in use.
Tycom, Project
Applicant
During construction
Daily logs/City
inspector
City of Hermosa
Beach
#N-2:
Cable construction will
increase noise levels above
ambient levels, affecting
nearby residential and
commercial uses.
Implement Mitigation Measure #N-1 and
Mitigation Measure #N-2.
Tycom, Project
Applicant
During construction
See above
City of Hermosa
Beach
Mitigation Measure #N-3: The applicant will
notify residences and commercial buildings
adjacent to proposed construction by mail at
least 2 weeks prior to construction.
Tycom, Project
Applicant
Two weeks prior to
construction
Written notification
City of Hermosa
Beach
Mitigation Measure #N-4: The applicant will
prepare a plan containing noise control
measures for construction equipment and
submit it to the Cities of Hermosa Beach and
Redondo Beach. This plan will detail how
the equipment noise will be muffled.
Tycom, Project
Applicant
Prior to construction
Noise Control Plan
City of Hermosa
Beach
Ref. Im pact
#N-3:
Terrestrial cable construction
in Hermosa Beach may
increase ambient noise levels
in Manhattan Beach.
Transportation.
Mitigation
Implement Mitigation Measure #N-1 to #N-4.
(Implementation) Implementation
Tycom, Project
Applicant
During construction
• Monitoring Report
or Other
Documentation
Required
See above
Responsible
Agency for
Mitigation
Monitoring
City of Hermosa
Beach
Cable installation along the
Option 1—greenbelt route may
disrupt traffic in Manhattan
Beach,
Mitigation Measure #T-1: The contractor
shall notify the Public Works Department,
fire department, police department, medics,
and school bus garage of Hermosa Beach,
Redondo Beach, and Manhattan Beach,
before operations so that they may re-route
emergency and service vehicles around the
construction zones.
Tycom, Project
Applicant
Prior to construction
Written notification
City of Hermosa
Beach
Mitigation Measure #T-2: Delivery of
construction materials to individual work
sites on state highways and city streets shall
be conducted during off-peak commute hours
(before 730 a.m. and after 9 a.m., and before
5 p.m. and after 7 p.m.).
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
Mitigation Measure #T-3: The contractor
will prepare and submit traffic control plans
prepared in accordance with Caltrans and city
guidelines to the Cities of Hermosa Beach
and Redondo Beach before beginning
construction. Copies of the traffic control
plans shall be on site during construction.
Tycom, Project
Applicant
Prior to construction
Traffic Control Plan
City of Hermosa
Beach
#T-2:
Cable installation along public
rights-of-way may result in
reduced response times for
emergency vehicles.
Mitigation Measure #T-4: MI affected
business and residences that would be directly
affected by a blocked driveway or loss of
parking will be provided with advance
notification of one week as to when the
access and/or parking will be blocked.
Implement Mitigation Measure #T-3.
Mitigation Measure #T-5: The contractor
will notify the Public Works Department, fire
department, police department, medics, and
school bus garage of Hermosa Beach,
Redondo Beach, and Manhattan Beach, and
the Los Angeles County MTA, before
initiating construction so that they may ensure
that there is adequate emergency access
around the construction zones.
Tycom, Project
Applicant
One week prior to
construction
Written notification
City of Hermosa
Beach
Tycom, Project
Applicant
Prior to construction
Written notification
City of Hermosa
Beach
13
Ref.
Impact
•
Mitigation
Mitigation Measure #T-6: During non-
working hours, the contractor will keep the
existing traffic lanes clear for traffic without
interference from the operations, equipment,
and materials.
Responsible
Party
(Implementation)
Tycom, Project
Applicant
Timing of
Implementation
During construction
Monitoring Report
or Other
Documentation
Required
Daily log/City
inspector
Responsible
Agency for
Mitigation
Monitoring
City of Hermosa
Beach
#T-3:
Terrestrial cable installation
may displace public parking
temporarily.
Implement Mitigation Measure #T-3.
Mitigation Measure #T-7: The applicant will
submit a Parking Plan to the City of Hermosa
Beach, subject to the approval by the Public
Works Director.
Tycom, Project
Applicant
Prior to construction
Parking Plan
City of Hermosa
Beach
#T-4:
Marine cable installation may
delay or disrupt marine traffic
to local ports or harbors.
Mitigation Measure #T-8: A Notice to
Mariners will be issued two weeks before
construction.
Tycom, Project
Applicant
Two weeks prior to
construction
Written notification
City of Hermosa
Beach
Mitigation Measure #T-9: The applicant
shall notify USCG of dates of construction,
and potential dates of crossing traffic lanes.
Tycom, Project
Applicant
Prior to construction
Written notification
City of Hermosa
Beach
#T -S:
Marine vessels may cause
navigational hazards to marine
traffic during cable installation
and repair.
Implement Mitigation Measure #T-8, and
Mitigation Measure #T-9.
Tycom, Project
Applicant
Prior to construction
Written notification
City of Hermosa
Beach
#T-6:
Marine fiber optic cable
installation and repair may
increase potential for marine
accidents that may result in
injury.
Implement Mitigation Measure #T-7, and
Mitigation Measure #T-8.
. Tycom, Project
Applicant
Prior to construction
Written notification
City of Hermosa
Beach
Alr Quallty ,
#4-1:
Project construction activities
may increase the fugitive dust
levels in the area.
Air Quality Mitigation Measure #A-1:
TyCom will implement at least one of the
reasonably available control measures
specified in SCAQMD Rule 403 to minimize
fugitive dust impacts. Measures to minimize
this impact may include using water on a
periodic basis on uncovered stock piles or
cleaning the tires of work vehicles to limit the
amount of dirt tracked on to streets.
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
#4-2:
Marine cable installation
activities will result in
emissions that exceed
SCAQMD thresholds for NOx
Mitigation Measure #A-2: Best available
control technology for construction
equipment (CBACT) will be used (No. l &
4). See DEER
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
ROC, CO, and SO2.
Ref. Im pact
Mitigation
Responsible
Party
(Implementation
Timing of
Implementation
Monitoring Report
or Other •
Documentation
Required
Responsible
Agency for
Mitigation
Monitoring
Mitigation Measure #A-4: The applicant will
acquire emission credits, as per rules of the
SCAQMD to further reduce NOx, ROC and
SO2 emissions. See DEIR
Tycom, Project
Applicant
Prior to construction
Written
documentation from
SCAQMD
City of Hermosa
Beach
Mitigation Measure #A-6: The applicant will
implement a comprehensive maintenance
program for vessel diesel engines, to reduce
CO emissions.
Tycom, Project
Applicant
Prior to and during
construction
Daily logs
City of Hermosa
Beach
Hazardous Materials and Risk of Upset
Mitigation Measure #A-7: The applicant will
use clean diesel fuel having a maximum
sulfur content of 15 ppm. OR
Mitigation Measure #A -7a: The applicant
will acquire emission credits, as per rules of
the SCAQMD, to reduce SO2 emissions to
less than significant levels according to the
SCAQMD
Tycom, Project
Applicant
Priot to and/or
during construction
Written
documentation from
SCAQMD
City of Hermosa
Beach
#11-1:
Improper handling and storage
of hazardous materials or
accidents could result in spills,
exposing workers or the public
to hazardous materials.
Mitigation Measure #H-1: TyCom will
prepare a Spill Prevention and Contingency
Plan (SPCP) for construction activities. The
SPCP plan will be submitted to the Hermosa
Beach Fire Department for approval prior to
issuance of the City's construction permit.
Tycom, Project
Applicant
Prior to construction
Prepare a Spill
Prevention and
Contingency Plan
(SPCP)
City of Hermosa
Beach
Mitigation Measure #11-2: Before
construction begins, site workers will be
trained to recognize and respond to spills in
accordance with the SPCP plan and which
authorities to contact. Construction crews
will have an emergency spill kit containing
sorbent booms and pads, personal protective
equipment (PPE), and emergency response
guidance.
Tycom, Project
Applicant
Prior to construction
Training materials
City of Hermosa
Beach
Mitigation Measure #11-3: Construction
equipment will be maintained and kept in
operating condition to reduce the likelihood
of line breaks and leakage.
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
Mitigation Measure #H-4: Absorbent
material or drip pans will be placed
underneath vehicles during equipment
maintenance or refueling. Refueling may
take place on the beach, but only within a
designated and contained refueling area. Any
refueling will be conducted at least 30.5
meters (100 feet) away from the mean high
tide.
Tycom, Project
Applicant
During construction Daily logs
City of Hermosa
Beach
15
Ref.
Impact
Mitigation
Responsible
Party (Implementation
Timing of
.Implementation
Monitoring Report
or Other
Documentation
Required
Responsible
Agency for
Mitigation
Monitoring
Mitigation Measure #H -S: Hazardous
materials used at the staging area will be
stored in the proper storage containers and
will have sufficient secondary containment to
contain any potential spill.
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
Mitigation Measure #H-6: Human waste at
the construction area will be disinfected.
Portable chemical toilets will be used.
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
Mitigation Measure #H-7: The Cable
Station's underground diesel storage tank and
the piping will be installed and operated in
compliance with applicable state and federal
regulations.
Tycom, Project
Applicant
During construction
Plans and permits
City of Hermosa
Beach
Mitigation Measure #H-8: All hazardous
waste generated through maintenance
activities or ifa spill occurs during
construction will be disposed of according to
appropriate State and federal regulations.
Tycom, Project
Applicant
During construction
Daily logs/manifests
City of Hermosa
Beach
#H-2:
Existing soil contamination
could be excavated during
construction, thereby exposing
workers or the public to
hazardous materials.
Mitigation Measure #H-9: The construction
crew will be informed of the types of
hazardous substances that could be
encountered and the indicators of the
contaminants.
Tycom, Project
Applicant
Prior to and during
construction
Training and written City of Hermosa
training materials Beach
.
Mitigation Measure #H-10: If hazardous
substances are encountered, the appropriate
agencies will be immediately notified to
determine further courses of action.
Installation work will not resume until it is
determined by the local regulatory agencies
that installation will not create an adverse
impact to human health.
Tycom, Project
Applicant
During construction
Monitoring and City of Hermosa
written notifications to Beach
appropriate agencies
#H-3:
Construction activities could
affect worker and public safety.
Mitigation Measure #H-11: TyCom's
construction contractor will develop and
implement a Health and Safety Plan (HSP)
consistent with 29 CFR 1910 (OSHA
Occupational Safety and Health Standards)
and 29 CFR 1926 (OSHA Safety and Health
Regulations for Construction).
Tycom, Project
Applicant
•
Prior to construction
Health and Safety City of Hermosa
Plan (HSP) Beach
Mitigation Measure #H-12: The construction
crew will be trained on safety measures
regarding trenching and excavation, work
zone CPR, spill prevention, and driving
safety.
Tycom, Project
Applicant
Prior to construction
Training and written City of Hermosa
training materials Beach
Ref.
Impact
Mitigation
Responsible
Party
(Implementation)
Timing of ' .
Implementation
. Monitoring Report
or Other
Documentation
Required
Responsible
Agency for
Mitigation
Monitoring
Mitigation Measure #H-13: The contractor
will prepare and submit traffic control plans
prepared in accordance with Caltrans and city
guidelines to the Cities of Hermosa Beach
and Redondo Beach before beginning
construction. Copies of the traffic control
plans shall be on site during construction.
Tycom, Project
Applicant
Prior to construction
Traffic Control Plan
City of Hermosa
Beach
Mitigation Measure #11--14: Contractors will
receive training regarding the proper handling
and/or storage of potential fire hazards,
potential ignition sources (such as smoking or
sparking equipment), and appropriate types of
fire protection equipment.
Tycom, Project
Applicant -
Prior to construction
Training and written
training materials
City of Hermosa
Beach
#H-4:
Construction activity could
result in damage or rupture of
utility lines.
Mitigation Measure #H--15: TyCom will
identify all utilities before construction, using
utility locator services.
Tycom, Project
Applicant
Prior to construction
Written notification
City of Hermosa
Beach
Mitigation Measure #H-16: Other mitigation
measures, detailing construction offsets if
utilities are encountered and notification of
the proper authorities if a utility is damaged,
are described in Section 16.1.5.
Tycom, Project
Applicant
Prior to and during
construction
Written notification
City of Hermosa
Beach
#H -S:
Operations of the cable could
result in hazards to the public.
Mitigation Measure #H-17: The Cable
Station will be equipped with an automatic
protection system to prevent power surges.
Tycom, Project
Applicant
Prior to construction
Building Permit
City of Hermosa
Beach
#H-6:
Marine activities associated
with installation, monitoring,
or repair of the cable could
result in a hazardous materials
or oil spill to marine waters.
'
Mitigation Measure #H-18: Before entering
the project area, the vessel will notify USCG,
which will issue a Notice to Mariners to alert
marine users in the area of the project
activity. .
Tycom, Project
Applicant
Prior to construction
Written notification
City of Hermosa
Beach
Mitigation Measure #H-19: A Shipboard Oil
Pollution Emergency Plan (SOPEP) will be
developed and implemented before the cable
vessel enters the project area for installation,
repair, and monitoring
Tycom, Project
Applicant
Prior to construction
Shipboard Oil
Pollution Emergency
Plan (SOPEP)
City of Hermosa
Beach
Mitigation Measure #H-20: A critical
operations and curtailment plan will be
developed and implemented before the cable
vessel enters the project area for installation,
repair, and monitoring to delineate and
maintain safe operating conditions aboard the
cable -lay vessel. This plan will specify the
appropriate wind and sea conditions for the
operation of the vessel, will refer to the
appropriate personnel and evaluation
procedures, and will require adherence to the
ship's oil spill response plan.
Tycom, Project
Applicant
Prior to construction
Critical Operations
and Curtailment Plan
City of Hermosa
Beach
17
Ref.
Impact
Mitigation
•
Mitigation Measure #H-21: The primary
work vessel will carry on board a minimum
of 122 m. (400 feet) of sorbent boom, five
bales of sorbent pads at least 45cm by 45cm
(18 inches by 18 inches) square and a small
powered boat for rapid deployment to contain
and clean up any small spill or sheen on the
water surface.
Responsible •
Party
(Implementation)
Tycom, Project
Applicant
Timing of
.Implementation
During construction
Monitoring Report
or Other
Documentation
Required •
Daily logs
Responsible
Agency for '
Mitigation
Monitoring
City of Hermosa
Beach
Mitigation Measure #11-22: A local on-
water response vessel, an oil spill response
organization (OSRO) located in Los Angeles,
will be placed on standby during installation
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
#11--7:
A fire or explosion could result
in the loss of life and/or severe
damage to the vessel.
Mitigation Measure #11-23: Standard safety
measures will be incorporated into vessel
operating procedures and confirmed by the
safety certificate issued by USCG to limit the
risk of fire and explosion to a less -than -
significant level.
Tycom, Project
Applicant
Prior to construction
Certificate
City of Hermosa
Beach
Aesthetics
#4-1:
Construction equipment and
activities will be visible to
receptors along The Strand,
Hermosa Avenue, Longfellow
Avenue, Ingleside Drive, 30th
Street, the greenbelt,
Manhattan Avenue, and
Second Street, and therefore
may degrade existing
viewsheds.
Mitigation Measure #A-1: The applicant will
minimize visual impacts of beach staging
areas with berms and fences.
Tycom, Project
Applicant
During construction
Photograph
City of Hermosa
Beach
#4-2:
Construction materials and
equipment will change the
anticipated views of the beach,
Santa Monica Bay, and the
greenbelt.
Implement Mitigation Measure #A-1.
Tycom, Project
Applicant
During construction
•
See above
City of Hermosa
Beach
Public Utilities: and Services .
#PU/S-2:
Terrestrial fiber optic cable
installation and repair may
disrupt existing utility .
infrastructure.
Mitigation Measure #PU/S-1: Prior to
issuance of construction permits, the
applicant shall disseminate information to the
fire, police, and public works departments in
Hermosa Beach, Redondo Beach, and
Manhattan Beach to notify them of
construction on affected roads.
Tycom, Project
Applicant
Prior to construction
Written notifications
City of Hermosa
Beach
Ref. Im pact
#PU/S-4:
Mitigation
Mitigation Measure #PU/S-2: The applicant
shall work with local police and fire
departments and utility service providers, and
prepare and implement an Emergency
Response Plan. This plan shall include
provisions for a confined space rescue team.
Responsible
Party
(Implementation
Tycom, Project
Applicant
Timing of
Implementation
Prior to construction
Monitoring Report
or Other
Documentation
Required
Emergency Response
Plan
Responsible
Agency for
Mitigation
Monitoring
City of Hermosa
Beach
Mitigation Measure #PU/S-3: Prior to
issuance of construction permits, the
applicant shall submit detailed maps of the
proposed fiber optic cable route to utility
providers and agencies. If the proposed route
crosses existing utility lines, the applicant
shall coordinate with utility providers and
applicable agencies to determine the
appropriate depth of fiber optic cable and
construction method for installation.
Tycom, Project
Applicant
Prior to construction
Detailed maps of
route
City of Hermosa
Beach
Mitigation Measure #PU/S-4: The applicant
will coordinate with utility providers, and.
have utilities located, and will pothole as
necessary to avoid disrupting utilities, thereby
minimizing the risk of accidental striking.
Tycom, Project
Applicant
Prior to construction
Monthly Report
City of Hermosa
Beach
Mitigation Measure #PU/S-5: The applicant
will comply with State law concerning
location of fiber optic cable relative to other
utilities.
Tycom, Project
Applicant
Prior to construction
Monthly Report
City of Hermosa
Beach
Mitigation Measure #PU/S-6: In the event of
an accidental striking, the applicant will
replace or repair any damaged utility lines,
pipelines, or any other utility infrastructure.
Tycom, Project
Applicant
During construction
Written notification to
the City
City of Hermosa
Beach
The project may reduce the
response times of fire and
police services in Hermosa
Beach, Redondo Beach, and
Manhattan Beach.
Implement Mitigation Measures #PU/S-1,
#PU/S-2, and #PU/S-6. Mitigation Measure
#PU/S-7: The applicant will ensure
maintenance of at least 25 feet of beach
access around the perimeter of the staging
area for emergency vehicle access.
Tycom, Project
Applicant
During construction
Daily logs
City of Hermosa
Beach
#PU/S-5
Landing construction will
displace lifeguard towers
temporarily.
Mitigation Measure #PU/S-8: The applicant
shall ensure that there will be no time lapse
between the establishment of temporary
lifeguard towers and the displacement of
lifeguard towers at Longfellow Avenue and
Second Street.
Tycom, Project
Applicant
During construction Daily logs
City of Hermosa
Beach
19
Ref.
Impact
Mitigation
Mitigation Measure #PU/S-9: The applicant
shall identify beach tower communication
lines and avoid striking them during
construction. The applicant shall relocate the
lines with the lifeguard towers, so that
communication and beach safety are
maintained.
Mitigation Measure #PU/S-1O: The applican
shall provide mock up designs of the
proposed fencing around the beach
construction area to the Los Angeles County
Lifeguards to ensure that visibility from the
life:uard towers is maintained.
Responsible
Party
(Implementation
Tycom, Project
Applicant
Tycom, Project
Applicant
•
Timing of
Implementation
•
Prior to and during
construction
During construction
Monitoring Report
or Other •
Documentation
Required
Daily logs/Monthly
Report
Photograph
Responsible
Agency for
Mitigation
Monitoring
City of Hermosa
Beach
City of Hermosa
Beach
•
•
oy
�mproy�rr�ents. shill. he reina��ecf.rQtn th���ch �mat�h�pie. ��i�.p�
t.:.e.piex.�nd �v.ativ�te�r.d�p�h ieye�.�fs�ucxi t��ters.be.�atv.�ne�zi.�a�er�o�u
at' r le l mJ!w) see DEIR for other requirements and detailed discussion)
..................
12. Pursuant to Mitigation Measure #MU/LU/R-6: TyCom shall protect public safety
by preventing public access to the marine construction zone•by using barriers,
buoys, or other controls in an manner approved by the CCC or other applicable
permitting agency.
13. Pursuant to Mitigation Measure #MU/LU/R-7: TyCom's payments to the City
pursuant to the lease shall, in part, compensate the City of Hermosa Beach for the
displacement of the beach and use of public property by providing monetary
compensation to fund beach -related improvements, reimbursement of costs for
City inspections and other terms identified in the lease.
14. Pursuant to Mitigation Measure #MU/LU/R-8: TyCom shall schedule the
construction of the project to avoid construction during peak summer use of the
beach and in areas where access to the beach would be affected, unless otherwise
authorized by the City and CCC.
15. Pursuant to Mitigation Measure #MU/LU/R 9: TyCom shall submit a plan to the
City of Hermosa Beach Community Development Director and Public Works
Directors for City and CCC approval showing how TyCom will ensure that the
cable stays buried in the shoreline area such that it won't impact beach users. In
the event the cable becomes exposed, TyCom shall initiate actions to rebury the
cable in a manner and time frame approved by the Director of Public Works.
tthrire meters on.
.........................
........................................................................................
fpr acg xi tntal;urzal
e rs..�n,the ur z ni .
1` meters. an. th e.l
:uon:d. the..suEf.znt,_;7
krill he triggered when theabliti becnrnes expose
ith: i ie is
ea�eh and one t.t.0. iii
rehurial„requ w+emeflt
with i 4:4i)t. of.th
s:urface::ir'
In addition, TyCom shall maintain adequate slack in the cable pay out of the
manhole during the initial installation, in the event the cable later becomes
exposed on the beach, along the shoreline or out a distance comparable to the end
of the pier and reburial of the cable is required.
The City, at its discretion, shall have the ability to require TyCom to rebury the
cable at the lowest sand migration period of the year to ensure future exposure of
the cable is minimized. Prior to reburial, a reburial plan shall be submitted to the
City for review and approval and TyCom shall obtain all required applicable
permits.
16. Pursuant to Mitigation Measure #MU/LU/R-10: TyCom shall submit detailed
engineering (plan, profile and cross section) as -laid plans of the nearshore and
beach areas (30 meter sea water depth mark to the western edge of The Strand)
along the cable alignments including depth of burial to the CCC, County of Los
Angeles Lifeguards and Hermosa Beach. The cable location shall be recorded to
national map standard accuracy.
17. Pursuant to Mitigation Measure #MU/LU/R-11: TyCom shall fence the staging
areas and cover the fence with screening acceptable to the Community
Development Director to prevent public access and reduce the visibility of
construction activities.
18. Pursuant to Mitigation Measure #MU/LU/R-12: TyCom shall provide written
notice to the City of Los Angeles, City of El Segundo, City of Lawndale, City of
Manhattan Beach, City of Redondo Beach, and City of Torrance one month prior
to the commencement of construction to alert these municipalities that a portion
of the beach will be closed, the length of time it will be closed and to provide a
telephone number for answers to questions regarding the project.
9
MARINE ZONE (-5m +)
(BURIAL DEPTH 1m MIN.)
SURF ZONE (MHW TO -5m)
(BURIAL DEPTH 2m M N.)
11111111111•1111111MM11111111111111111111=1111111MIEZ
11111111111111111111111111111111 11•1111111111111111111111111111111111•11111111
III MEM 1.1111111•1111111111111111111
e
INTENSITY- Et NI
STORM S
LOOR PRO
H - Et NI
SEAS
PROF!
11111111111111111
MIMMIIIIIMMIIMIIIIIII
. mi....
- --mom
--
..................
..........
----- ---S
iiIIIIIMIMMAMIIIIIMMIIIIMMIIIIIII
------
p
IIIIIIII—MII' ---
IIIIIIIIIIMPRIMMIII�mai
�---IIIIIIII
iiiIIIIIMMINIMMIIIMMI
—..MIIIIMMIMIIIIMIMIMMI
-.
up'—
400m
350m
--.
111111111111111111111111
OFILE
PICAL W*ITER
SEAFLOOR PROFILE
PROPOSED
2 -DA CABLES
REVISIONS:
BEACH ZONE (THE STRAND TO MHW)
(BURIAL DEPTH 3m MIN.)
NOTES:
-U--- --
MINEMIIIMIMMIII •
f1----------
mom
1111
II%/.MIIi111111211111---111111111sa
1
/msoiimU--
.—_11111.111_1111111111111,111111--
■� --�
-- -
11111111111111
/-��1
—��--�I•.
1111
FA/M111111111,2111111111111111111111111111111111111111— --
pp/ 1111111111
111111111111.111M11111111M111111111 Mil NM MIN
IlL=PAR 1111110111111111111111111111111111111.
MIMEIMMI
11111111111
NMI
11111111MOM
A
'ate mm
ammumum
111111111111.
i m
111111111111MU111111111
11111111111111111111
INITIAL INSTALLATION
(APRIL 2902)
300m
aft.
mumuma nom_
MUM MIN
— I_
■
250m 200m
150m
100m
50m
•Tycom
MONIIINOW
PREPARED FOR RECORD
APPROVED FOR
OUTSIDE PLANT
ENGINEER
DATE
I ICY CHRIST N IATTW3 DOCUMENT WAS
PREPARED SY MR OR UNC MY ERECT SUNNI -
VISION AM" THAT IAll ADULY SSDBT
ENGINEER UNDER LAPS OF TIM STATE
OF
CALIFORNIA.
RIDDED
DATE DEC. ND.
BHC
Ilmsa or Mom= a CawR P.A.
tNI SMII
PROPRIETARY
USE PURSUANT TO COMPANY INSTRUCTIONS
IMIXEZWELI
-10m
OWNERSHIP:
LINE CODE:
CABLE CLLI:
SCALE:
AS NOTED
TGN TRANSPACIFIC
HERMOSA BEACH, CA
SHORE END OPERATIONS
SAND MIGRATION
PLAN & PROFILE
"I(.;N-100
. a'
RECORDED AT THE REQUEST OF AND
WHEN RECORDED MAIL TO:
CITY OF HERMOSA BEACH
City Manager
1315 Valley Drive
Hermosa Beach, California 90254
CITY OF HERMOSA BEACH
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code
Section 27383
SPACE ABOVE THIS LINE FOR RECORDERS USE
County: Los Angeles
FIBER OPTIC CABLE EASEMENT AND ASSOCIATED
CONSTRUCTION EASEMENT
THE CITY OF HERMOSA BEACH, hereinafter referred to as Grantor, for the consideration
specified in this Easement Agreement, does hereby grant to TYCOM NETWORKS (US) INC.,
and its successors and assigns, hereinafter referred to as Grantee, a non-exclusive easement for
fiber optic cable purposes and an exclusive easement for construction purposes as provided
below. These easements consist of the following attached and incorporated parts:
Section 1 Summary of Basic Provisions
Section 2 Special Provisions
Section 3 Description of Easement Areas
Section 4 General Provisions
12193\0001\676422.7
SUPPLEMENTAL S a
INFORMATION
SECTION 1
SUMMARY OF BASIC PROVISIONS
MAILING ADDRESSES: TyCom Networks (US) Inc.
10 Park Avenue
Morristown, New Jersey
Attn: Catherine Creese
Director of Permits
LOCATION:
LAND USE OR PURPOSE:
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach California 90254
Attn: City Manager
Through the public right of way in the locations described in
Section 3 and across the beach, tidelands and submerged lands in
the locations described in Section 3.
The construction, installation, operation, maintenance, and use of
no more than four fiber optic cables. Such improvements will
provide additional capacity for global voice and data transmission
and global access to planned and existing land-based
communication networks in the project area.
TERM: 25 years with two five year options that may be exercised by
Grantee.
CONSIDERATION FOR EASEMENT TO CROSS BEACH AND
WITHIN THE PUBLIC RIGHT OF WAY:
$ 1.1 million paid on the Effective Date, $275,000 paid within 30
days after the Commencement Date, $300,000 paid upon the first
anniversary of the Commencement Date, and
$75,000 paid quarterly for the remainder of the Term, first quarterly
payment due at the end of the fifteenth month following the
Commencement Date.
12193\0001\676422.7 -2-
r ' _ •
CONSIDERATION FOR EASEMENT WITHIN TIDELANDS AND SUBMERGED
LANDS:
Payment of $800,000 on the Effective Date for purpose of
construction of one new bathroom as generally. described in Exhibit
A, renovation of three existing bathrooms as generally described in
Exhibit A and other beach and pier improvements, at the discretion
of Grantor.
12193\0001\676422.7 -3-
SECTION 2
SPECIAL PROVISIONS
2.1. FIBER OPTIC CABLE EASEMENT
Grantor for itself and for its successors and assigns, hereby grants, establishes and
conveys to Grantee, its successors and assigns a non exclusive easement (the "Cable
Easement") along, over, under and across the property described in Section 3 (the "Cable
Easement Area") for the purposes of installing, using, operating, maintaining, upgrading,
repairing, modifying, relocating and removing no more than four fiber optic cables and any
related appurtenances and equipment, which appurtenances and equipment include,
without limitation, conduit and manholes (collectively, the "Cable"). The terrestrial
portion of the fiber optic cables shall be located underground and the marine portion of the
fiber optic cable shall be buried as described in the Final Environmental Impact Report
prepared for the Cable project. Grantor also grants to Grantee access to, over and across
the Cable Easement Area to the extent reasonably necessary to effectuate any of the
purposes for which this Cable Easement is granted. The cable shall be laid (or relocated,
if necessary) within reasonable proximity to the location described in Section 3.
Additionally, the parties agree that the description of the Cable Easement Area will be
conformed to match a centerline identified by the precise location of the cable disclosed by
the "as built" survey required in Section 4.1.
2.2. CONSTRUCTION EASEMENT
Grantor, for itself and for its successors in interest hereby grants, establishes and
conveys to Grantee, its successors and assigns a temporary exclusive easement (the
"Construction Easement") along, over, under and across the Property described as the
Construction Easement Area in Section 3 and shown schematically in Section 3 (the
"Construction Easement Area") for the purposes of installing, constructing and locating
the Cable. Grantor also grants to Grantee access to, over and across the Construction
Easement Area to the extent reasonably necessary to effectuate any of the purposes for
which this Construction Easement is granted. The Construction Easement shall terminate
immediately after the date when the Cable has been fully and completely installed,
constructed and located. At the time of termination of the Construction Easement, the
Grantee shall record a notice to that effect (the "Notice of Termination of Construction
Easement"). If the Grantee fails to record the Notice of Termination of Construction
Easement, then Grantor may record such Notice of Termination of Construction Easement
upon providing five days written notice to Grantee of its intent to do so.
12193\0001\676422.7
2.3. TERM
Except as otherwise provided herein, the term of this Cable Easement is twenty
five (25) years (the "Term"), beginning on the date that either of the parties record the
Notice of Termination of Construction Easement (the "Commencement Date") unless
terminated sooner pursuant to the provisions of Section 2.7. The Notice of Termination
of Construction Easement shall also serve as, and be designated as, a notice of the
Commencement Date.
2.4. EXTENSION OF TERM
Grantee shall have the option to extend this Cable Easement for two (2) additional terms
of five (5) years each. Grantee shall exercise this option by providing written notice of its election
to extend the term at least six (6) months prior to the expiration of the Term (the "Notice of
Extension"). Grantee shall not be entitled to extend the Term if it is in default under the terms of
this Easement Agreement at the time the option to renew is exercised. The terms and conditions.
of any extension shall be the same as set forth in this Easement Agreement.
2.5. COMPENSATION FOR EASEMENT TO CROSS TIDELANDS, AND SUBMERGED
LANDS AND ASSOCIATED CONSTRUCTION EASEMENT.
In exchange for those rights granted Grantee under this Easement Agreement, in the
tidelands and submerged lands, and upon the Effective Date of this Easement Agreement, as
defined below, Grantee shall pay to Grantor the sum of eight hundred thousand dollars
($800,000). This money shall be used for the purpose of constructing one new bathroom at the
beach and renovating three existing bathrooms at the beach in general accordance with the
descriptions attached as Exhibit A. If the cost of constructing and renovating the bathrooms as
generally described in Exhibit A is less than $800,000, Grantor shall use the remaining money for
the purpose of making renovations, repairs or improvements for the public benefit in the Hermosa
Beach pier and/or the beach. The parties agree that the construction, improvement renovation
and repair of these facilities will improve the lands transferred in trust to the City by the State
Legislature, are consistent with the provisions of the trust, and will improve the public use and
access to the trust lands and the coastal zone.
Grantor shall provide public acknowledgement of the contribution of Grantee to the
improvements funded by the payments made pursuant to this Section 2.5.
12193\0001\676422.7
S
2.6. COMPENSATION FOR EASEMENT AND ASSOCIATED CONSTRUCTION
EASEMENT IN THE BEACH AND PUBLIC RIGHT OF WAY
In exchange for those rights granted under this Easement Agreement in the beach and
public right of way, Grantee shall pay to Grantor one million one hundred thousand dollars
($1,100,000) on the Effective Date. Additionally, within thirty days after the Commencement
Date, Grantee shall pay to Grantor two hundred seventy five thousand dollars ($275,000).
Finally, upon the first anniversary of the Commencement Date, Grantee shall pay to Grantor three
hundred thousand dollars ($300,000). Thereafter, beginning on the third month following the
$300,000 payment, and for the remainder of the Term, Grantee shall make quarterly payments to
Grantor in the amount of seventy five thousand dollars ($75,000) with adjustments as provided
below for changes to the consumer price index.
(a) CPI Adjustment. The annual fee set forth in this Section shall be adjusted
beginning with the payment due upon the fifth anniversary of the Commencement
Date, and again each five years thereafter for the remainder of the Term. The
adjustment shall be up or down in accordance with the change in the United States
Department of Labor, Bureau of Labor Statistics, Consumer Price -Index for All
Urban Consumers, Los Angeles/Anaheim/Riverside Average, Subgroup "All
Items" (or in accordance with a comparable index if that Consumer Price Index is
no longer available) as calculated using the most recent three year average for the
index. Such adjustment shall be capped, without regard to the change in the index,
at a maximum of plus or minus ten percent for the interval of adjustment.
2.7. DEFAULT AND TERMINATION
Any material failure to comply with a material term of this Cable Easement or the
conditions of Hermosa Beach Planned Development Permit/Precise Development Plan No. 01-10
shall be considered a material breach of this agreement. The party aggrieved by such breach may
deliver a Notice of Default to the party in breach specifying such noncompliance and the
appropriate cure. If the breach has not been corrected within a period of 120 days after receipt of
the Notice of Default, or in the case of breach of an obligation to pay money or to maintain
required insurance in full force and effect, within thirty (30) days after receipt of the Notice of
Default, then the aggrieved party may terminate this Easement Agreement. Provided however, if
the breach cannot reasonably be corrected in the applicable above -referenced day periods after
receipt of the Notice of Default, then the aggrieved party may not terminate this Cable Easement
if the breaching party begins to correct such noncompliance within the applicable number of days
after receipt of the Notice of Default and diligently pursues corrective measures to completion.
2.8. NON EXCLUSIVITY AND NON INTERFERENCE
Grantee acknowledges that the Cable Easement is non exclusive. However, Grantor may
not lease, convey, or encumber the Cable Easement Area to third parties for facilities or
improvements that may cross over or under Grantee's Cable except upon written approval of
12193\0001\676422.7 -6-
Grantee. Grantee shall approve any request to lease, convey or encumber the Cable Easement
Area within thirty (30) days of receipt if Grantee reasonably determines that the proposed use of
the Easement Area will not be inconsistent with the Cable Easement, incompatible with the Cable
Easement or interfere with Grantee's use of the Cable Easement Area, including, without
limitation, Grantee's ability to maintain and repair the Cable, as described in this Easement
Agreement.
2.9. SCHEDULE AND LIQUIDATED DAMAGES
Prior to commencement of construction of the Cable, Grantee shall provide to Grantor a
schedule for construction of the Cable that is reasonably acceptable to Grantor. The schedule
shall provide for ninety (90) calendar days between the Effective Date and the Commencement
Date. Upon presentation ofa proposed schedule to Grantor, Grantor shall have fifteen business
days to review the schedule_ Unless Grantor provides Grantee with written notice that the,
schedule is not acceptable within that fifteen business day period, then the schedule shall be
deemed accepted.
If Grantee fails to meet the accepted schedule date for completion of construction,
including recordation of the Notice of Termination of Construction Easement, then Grantee shall
pay to Grantor liquidated damages in the sum of ten thousand dollars ($10,000) per day of delay
beyond the completion date set forth in the accepted construction schedule unless such delay is
caused by events or circumstances beyond the control of Grantee or Grantee's contractors,
employees or agents. In no event shall the amount of liquidated damages exceed $200,000.
2.10. FUTURE LANDINGS
Prior to entering into any agreement with a local government to land any other underwater
fiber optic cable system wholly owned by Grantee within the Santa Monica Bay, Grantee shall
enter into a thirty (30) day good faith negotiating period with Grantor to attempt to negotiate an
agreement with Grantor which would provide that Grantee shall land the fiber optic cable within
the City of Hermosa Beach.
Additionally, if Grantee chooses to implement a second landing of cable in the Santa
Monica Bay, but not within the City of Hermosa Beach, to replace the Longfellow landing
described in the environmental impact report for the Cable project, and if the cost of landing the
cable within the jurisdiction of the other government is reasonably equivalent to the cost of
landing the same cable within the City of Hermosa Beach, then Grantee shall provide Grantor
with notice of the terms of Grantee's proposed agreement with the other local government, and
Grantor shall have the right to accept those same terms for the City of Hermosa Beach within
thirty (30) days of that notice. If Grantor accepts those same terms, then the parties shall
negotiate in good faith to reach an agreement to land such cable in Hermosa Beach based upon
those terms.
2.11. EFFECTIVE DATE
12193\0001\676422.7 -7-
This Easement Agreement shall not become effective unless and until Grantee receives a
Coastal Development Permit and any additional approvals and permits required from the
California Coastal Commission, and all other federal, state and local approvals and permits
required to construct and operate the Cable and Grantor and Grantee each accept the conditions
imposed upon the permits by those agencies.
Upon obtaining all required approvals and permits and acceptance by Grantor and Grantee
of the conditions contained in those approvals and permits, the parties hereto shall record a notice
designating the date upon which this Easement Agreement becomes effective (the "Effective
Date").
2.12. INTERNAL CONFLICTS
In the event of any conflict between the provisions of Section 2 and Section 4 of this
Easement Agreement, the provisions of Section 2 shall prevail.
12193\0001\676422.7 -8-
SECTION 3
DESCRIPTION OF CABLE EASEMENT AREA
12193\0001\676422.7
DESCRIPTION OF CONSTRUCTION EASEMENT AREA
12193\0001\676422.7
-10-
SECTION 4
GENERAL PROVISIONS
4.1. AS BUILT DRAWINGS
Within six (6) months after recordation of the Notice of Termination of Construction Easement,
Grantee shall provide Grantor with an "as built" survey and drawings in a form reasonably satisfactory
to Grantor, for the purpose of establishing a final Cable Easement Area as provided in Section 2.1.
4.2. NOTIFICATION OF MAINTENANCE ACTIVITIES
Except in cases of emergency, Grantee shall provide Grantor with fifteen days written notice of
any significant activities to be undertaken by Grantee in the Cable Easement Area after the
Commencement Date. In cases of emergency, including, without limitation, a fault in the Cable,
Grantee shall notify Grantor of such activity conducted on land, or conducted in the water but from a
land based operation, no later than twenty four (24) hours after such activity is commenced and shall
notify Grantor of such activity conducted in the water from a water borne vessel, not later than seventy
two (72) hours after such activity is commenced. "Significant activity" means any maintenance or other
activity (other than entry to and exit from the Cable Easement Area) that will be readily noticeable from
surrounding property.
4.3. PERMITS
This Easement Agreement shall not become effective unless Grantor issues all permits necessary
to construct the Cable, the permits allow construction of the Cable to begin immediately upon issuance
of the final permit required to construct the Cable, and no such permit includes conditions that are
inconsistent with the rights granted by this Easement Agreement or in addition to the conditions
included in this Easement Agreement except for those standard conditions imposed upon construction
activities to protect vehicular and pedestrian safety during construction on public property. .
This Easement Agreement shall expire thirty months from the date of grantor's approval of this
agreement if, for whatever reason grantee fails to obtain all necessary permits to construct the Cable.
4.4. REPAIR OF DAMAGE
Grantee shall promptly repair, at its sole cost, all damages to any improvements which damages
are caused directly by Grantee's activities. All work performed by Grantee shall be completed in a
careful and worker like manner to Grantor's reasonable satisfaction, free of any claims or liens. Upon
completion of any work performed by Grantee, Grantee shall remove all debris and restore the Cable
Easement Area and the Construction Easement Area, as nearly as possible, to their condition prior to
commencement of the Cable construction.
12193\0001\676422.7 -11-
4.5. HAZARDOUS SUBSTANCES
Grantee covenants and agrees that Hazardous Substances will not be used, stored, generated,
processed, transported, handled, released, or disposed of in, on, under, or above the Cable Easement Area
or the Construction Easement Area, except in accordance with all applicable laws. In the event that during
the construction and installation of the Cable, Hazardous Waste is discovered in the Cable Easement Area
or the Construction Easement Area in any amount that would require remediation, and if such Hazardous
Waste was not deposited in the subject Easement Area by Grantee, then Grantor shall promptly agree to
any reasonable revision to the description of the subject Easement Area requested by Grantee in order to
avoid further contact by the Cable or Grantee with such Hazardous Waste.
For the purposes of this Section, Hazardous Substances shall have the meaning given such
term in Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C.
§ 9601 et seq, and applicable California law and the regulations promulgated thereunder. Also for the
purposes of this Section, Hazardous Waste shall mean any hazardous, toxic or dangerous waste, substance
or material, or contaminant, pollutant or chemical, known or unknown, defined or identified as such in (or
for the purposes of) any existing or future local, State or federal law, statute, code, ordinance, rule,
regulation, guideline, decree or order relating to human health or the environment or environmental
conditions, including but not limited to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C.
§ 6901 et seq.; the Toxic Substances Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; the Federal Water
Pollution Control Act, 49 U.S.C. § 1801 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300 et seq.; the
Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601
et seq.; the Clean Air Act, 42 U S.C. § 7401 et seq.; the Hazardous Materials Transportation Act, 49
U.S.C. App. § 1802 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.
4.6. REMOVAL OF FACILITIES
Following the expiration of the Term or any earlier termination of the Cable Easement pursuant to
Section 2.7, Grantor may require Grantee at its expense to remove the Cable from the Cable Easement Area
and to restore the Cable Easement Area to its prior condition within a reasonable period of time specified
by Grantor. Two years prior to the expiration of the term of the Cable Easement, or any extension thereof;
upon the request of Grantor, Grantee shall procure and file with Grantor a surety bond to secure the
removal of the Cable and restoration of the Easement Area_ The bond shall be issued by a surety authorized
to do business in California and acceptable to Grantor and shall be in an amount mutually agreed upon by
the parties to reflect the cost of removal of the Cable. In the alternative, Grantor may authorize Grantee
to abandon the Cable in place_ If Grantor authorizes Grantee to abandon the Cable in place, then Grantee
shall cause to be executed, acknowledged, and delivered to Grantor such instruments as Grantor may
require in order to convey ownership of the Cable to Grantor without payment of compensation or
consideration of any kind.
4.7. INDEMNITIES
Grantee shall indemnify, defend, and hold harmless Grantor, its employees, officers, and agents from
any and all liability, damages, expenses, causes of action, suits, claims, costs, fees (including attorneys fees),
12193\0001\676422.7 -12-
•
penalties, or judgments, of any nature whatsoever, brought by or owed to third parties, arising out of the
operations of Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees,
except as may arise solely out of the willful or negligent act of Grantor or Grantor's officials, employees,
contractors, or agents.
In the event that Grantor must conduct maintenance, repair or other underground activities in or
near the Cable, Grantor may notify Grantee and Grantee shall provide a monitor to guide any activity in a
manner that will avoid interference with the Cable.
4.8. INSURANCE
Grantee shall procure and maintain for the duration of the Cable Easement, insurance against claims
for injuries to persons or damages to property which may arise from or in connection with exercise of
Grantee's rights under the Cable Easement or the Construction Easement. Insurance shall be of the type,
in the amounts and subject to the provisions described below.
(1) Commercial general liability coverage at least as broad as Insurance Services Office
Commercial General Liability occurrence coverage ("occurrence" form CG0001, Ed. 11/88) with a limit
of not less than $2,000,000 per occurrence.
(2) Business automobile liability insurance at least as broad as Insurance Services office
form CA 0001 (Ed. 12/90) covering Automobile Liability, code 1 "any auto" and endorsement CA 0029
(Ed. 12/88) with a limit not less than $1,000,000 per accident.
(3) Workers Compensation Insurance as required by the State of California.
(4) Construction Payment and Performance Insurance or bonding in an amount equal
to $1,000,000. Coverage, however, may be discontinued after recordation of the
Notice of Termination of Construction Easement.
(5) Evidence of Coverage:
(a) Prior to commencement of construction of the Cable, Grantee shall file
certificates of insurance with original endorsements evidencing coverage in compliance with this contract
and in a form acceptable to Grantor. The certificate shall be on Grantor's standardproof of insurance
form.
(b) Grantee shall provide to Grantor, on request, a complete copy, including all
endorsements and riders, of any applicable insurance policy.
12193\0001\676422.7
-13-
(c) During the Term, Grantee shall maintain current valid proof of insurance
coverage with Grantor at all times. Proof of renewals shall be filed prior to expiration of any required
coverage and shall be provided on Grantor's standard proof of insurance form.
(6) All insurance coverages shall be provided by insurers with a rating of A-; VII, or
better in the most recent edition of Best's Key Rating Guide, Property -Casualty Edition.
(7) Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided or canceled and shall not be reduced in coverage or limits except after 30 days prior
written notice provided to Grantor. Upon prior request of the carrier, the notice period may be reduced
to 10 days in the event of non-payment of premium.
(8) All liability coverages shall name Grantor, and every elected official, officer, agent
and employee of Grantor as additional insureds with respect to activities undertaken pursuant to the Cable
Easement or the Construction easement.
(9) Grantee's insurance and any insurance provided in compliance with these
specifications, shall be primary with respect to any insurance or self-insurance programs covering Grantor.
(10) Where available, the insurer shall agree to waive all rights of subrogation against. the
Grantor and every officer, agent and employee of Grantor.
(11) In the event that Grantee does not provide continuous insurance coverage, Grantor
shall have the right, but not the obligation, to obtain the required insurance coverage at Grantee's cost, and
reimbursement of insurance costs shall become a material obligation of the Cable Easement.
As an alternative to all other requirements of this Section 4.8, Grantee may provide self-insurance
reasonably satisfactory in kind and amount to Grantor.
Additionally, on or after the fifteenth (15te) anniversary of the Commencement Date, Grantor may
increase the minimum amount of the required commercial general liability insurance to four million dollars
($4,000,000) per occurrence.
4.9. RESTORATION BOND
Prior to commencing any work on public property pursuant to the Cable Easement or the
Construction Easement, Grantee shall provide, or shall cause its general contractor to provide, a restoration
bond or corporate guaranty to guarantee that, upon any abandonment or other permanent cessation or
termination of the work relating to the construction and installation of the Cable, Grantee's public property
and public rights-of-way will be restored to the condition existing prior to such construction and installation
work, reasonable wear and tear excepted. Any restoration bond must be issued by a surety authorized to
conduct business in the State of California and shall remain in full force and effect until recordation of the
Notice of Termination of Construction Easement. Grantor shall execute any documents necessary to release
any bond or guaranty within thirty days after recordation of the Notice of Termination of Construction
12193\0001\676422.7 -14-
Easement. The restoration bond or guaranty will be in the sum of $500,000. Grantor shall be named as
the obligee in any restoration bond.
4.10. CORPORATE GUARANTY OF OBLIGATIONS
Within fifteen (15) days after the Effective Date of this Easement Agreement, Grantee shall provide
to Grantor a Guaranty of Grantee's obligation executed by TyCom Ltd. The Guaranty shall be substantially
in the form attached as Exhibit B. Such Guaranty may also be used to fulfill the requirements of Section
4.9.
4.11. TAXES
Grantee shall promptly pay all taxes relating to construction and operation of the Cable.
4.12. NOTICES
Notices, consents, requests and other communications required or permitted by this Easement
Agreement shall be in writing and shall be deemed duly given by one party and received by the other party
when: (a) personally delivered; or (b) sent by United States mail, postage prepared, certified mail, return
receipt requested, and actually received by, or rejected by, the party to whom it is addressed. The notice
shall be addressed to the applicable party at the respective address set forth above in the Summary of Basic
Provisions with a copy to:
For TyCom:
TyCom Networks (US) Inc.
10 Park Avenue
Morristown, New Jersey
Attn: Catherine Creese
Director of Permits
With a copy
to: Laurence Wiener
Richards, Watson & Gershon
355 S. Grand Avenue, 40th Floor
Los Angeles, California 90071
For City: City of Hermosa Beach
1315 Valley Drive
Hermosa Beach California 90254
Attn: City Manager
With a copy
to: Michael Jenkins
Jenkins & Hogin
1325 Nineteenth Street
Manhattan Beach, California 90266
12193\0001\676422.7 -15-
Any party may change its address by notifying the other party in accordance with the
procedure set forth above.
4.13. ASSIGNMENT BY GRANTEE
Upon written notice submitted to Grantor not less than thirty (30) days prior to each transfer or
assignment, the rights and obligations of Grantee pursuant to this Easement Agreement may be transferred
or assigned from time to time during the Term. Any such transfer or assignment shall be subject to the
provisions of this Section and the controls and limitations contained herein.
Concurrently with the submission of the notice of impending transfer or assignment by Grantee,
Grantee shall submit to Grantor: (a) a fully executed instrument, in form and content reasonably acceptable
to Grantor, pursuant to which the transferee expressly assumes and agrees for the benefit of the Grantor
to perform the obligations of Grantee under these easements, and (b) an acknowledgment, in form and
content reasonably acceptable to Grantorand executed by the transferee, pursuant to which the transferee
acknowledges that the transferee has read and understands this Agreement and all of the provisions hereof.
Grantor agrees to pre -approve any form of proposed instruments submitted by Grantee provided that the
form is reasonably acceptable to Grantor.
In addition to the notice referred to above, Grantee shall submit written notice to Grantor upon the
consummation of any such transfer or assignment and shall include in such notice a fully executed copy
(showing all recordation information for any recordable documents) of the instrument(s) by which the
transfer or assignment was effected.
If Grantee transfers or assigns its interest in this Easement Agreement and complies with the
provisions of this Section, Grantee shall be released from its obligations under this Easement Agreement
provided that Grantor reasonably determines that Grantee's assignee's financial capabilities equal or exceed
those of Grantee and such assignee is reasonably capable of fulfilling the financial obligations of this
Easement Agreement. In order to make such determination, Grantor may require Grantee to provide
Grantor with audited financial statements of the assignee conducted in accordance with Generally Accepted
Accounting Principles. Grantor shall provide notice to Grantee of its determination regarding the financial
capability of the assignee within sixty (60) days after receiving such financial statements. If Grantor fails
to provide such notice within that sixty (60) day period, then Grantee shall provide Grantor with a final
request for release. Grantor shall then provide Grantee with notice of its determination within fifteen (15)
days of receiving such final request. If Grantor fails to provide such notice within such fifteen (15) day
period, then, the assignee shall be deemed accepted by Grantor and Grantee shall be released from its
obligations under this Easement Agreement.
Grantor shall accept any assignee as reasonably capable of fulfilling the financial obligations of this
Easement Agreement if the assignee's financial capabilities equal or exceed those of Grantee. Furthermore,
Grantor shall not reject an assignee as not reasonably capable of fulfilling the financial obligations of this
Easement Agreement for the sole reason that the assignee's financial capabilities are not equally as strong
as those of Grantor. The parties anticipate that potential assignees may be reasonably capable of fulfilling
12193\0001\676422.7 -16-
the obligations of this Easement Agreement even though they do not possess the financial strength of
Grantee.
4.14. LIMITATION OF LIABILITY
In no event shall Grantor be liable to Grantee for lost profits, special damages, incidental damages, indirect
damages, or consequential damages of any kind whatsoever.
In no event shall Grantee be liable to Grantor for special or consequential damages or any other damages
beyond actual damages, which actual damages would include the cost of remedial repairs.
4.15. GOVERNING LAW
This Easement Agreement shall be interpreted under and governed by the laws of the State of
California.
4.16. INTEGRATION CLAUSE
This Easement Agreement sets forth the entire agreement of the parties with respect to the Cable
Easement and the Construction Easement and all prior negotiations, representations, warranties and
discussions are superseded by the provisions of this Easement Agreement, except that the parties recognize
that the mitigation measures from the Environmental Impact Report prepared for the Project which have
been incorporated into PDP No. 01-10 are also conditions of the exercise of rights under this Easement
Agreement .
4.17. MODIFICATION
This Easement Agreement may be amended or modified only by a written instrument executed and
acknowledged by the parties or their successors -in -interest and recorded in the Official Records of Los
Angeles County, California.
4.18. COMPLIANCE WITH LAWS
Grantee shall, at its own expense, conform to all applicable laws, regulations, permits, orders, or
requirements of any public authority concerning the Cable. Upon request, Grantee shall supply Grantor
with copies of permits or orders within 5 business days of the request.
4.19. WAIVER
No term, covenant, or condition of this document and no default or breach of any such term,
covenant or condition shall be deemed to have been waived by either party's acceptance of a late or
nonconforming performance or otherwise, unless such a waiver is expressly acknowledged in writing.
12193\0001\676422.7 -17-
Furthermore, no such waiver shall be deemed to be a waiver of any other term, covenant or condition or
any other default or breach of any term, covenant or condition of this document.
4.20. TIME
Time is of the essence for each and all of the terms, covenants and conditions in which time of
performance is a factor.
4.21. SEVERABILITY
If any term, covenant or condition of the Cable Easement or the Construction Easement is
determined by a court of competent jurisdiction to be invalid, it shall be considered deleted and shall not
invalidate any of the remaining terms, covenants and conditions.
4.22. COUNTERPARTS
This Easement Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same document.
4.23. AUTHORITY
The persons signing below warrant that they have authority to bind the party on whose behalf they
are executing this Easement Agreement.
12193\0001\676422.7 -18-
4.24. ATTORNEY FEES
In any litigation between the parties concerning the terms of, or rising from, this agreement,
including any claim of indemnity arising from this agreement, the prevailing party shall be entitled to recover
its costs of suit and reasonable attorney fees.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date hereafter
affixed.
GRANTEE: GRANTOR:
TyCom Networks (US) Inc. City of Hermosa Beach
By:
Its:
By:
Its:
Date:
ACKNOWLEDGMENT
By:
Mayor of the City of Hermosa Beach
ATTEST
By:
City Clerk, City of Hermosa Beach
Date:
12193\0001\676422.7 -19-
EXHIBIT A
[General description of beach bathroom construction and renovation plans]
12193\0001\676422.7
EXHIBIT B
[TyCom Ltd. Parental Guaranty]
12193\0001\676422.7
GUARANTY
by
TyCom Ltd.
in favor of
The City of Hermosa Beach
Dated as of [date]
- 12193\0001\676422.7
GUARANTY
GUARANTY dated as of , 2001 (this "Guaranty") by TyCom Ltd.
("Guarantor"), a Bermuda company having an address at Zurich Center, 2"d floor, Suite 201 90 Pitts
Bay Road, Pembroke, HM08 Bermuda, in favor of The City of Hermosa Beach, a California Municipal
Corporation.
RECITALS
(A) Pursuant to that certain Easement Agreement dated , 2001 (the
"Commitment Agreement") between Beneficiary and TyCom Networks (US) Inc. ("Grantee"), as
Grantee, Beneficiary has granted a fiber optic cable easement and construction easement to Grantee.
(B) Beneficiary has required, as a condition precedent to entering into the Commitment
Agreement, that the Guarantor execute and deliver this Guaranty. Beneficiary would not enter into the
Commitment Agreement with Grantee but for the execution and delivery of this Guaranty by the
Guarantor.
(C) Guarantor wholly owns the capital stock of Grantee.
(D) In furtherance of the business purposes of the Guarantor, the Guarantor desires to guarantee
all payment obligations of the Grantee pursuant to the Commitment Agreement.
NOW, THEREFORE, based upon the foregoing, and in order to induce the Beneficiary to enter
into the Commitment Agreement, the Guarantor hereby agrees as follows:
ARTICLE 1
DEFINITIONS
ARTICLE 1 SECTION 1.1. Definitions Capitalized terms not otherwise defined in this Guaranty
shall have the meanings ascribed to them in the Commitment Agreement. As used in this Guaranty, the
following terms have the following meanings unless the context otherwise requires:
"Guaranteed Obligations" has the meaning ascribed to such term in Section 2.1.
"Guaranty" means this Guaranty, as it may be amended, supplemented or otherwise modified
from time to time in writing signed by the Guarantor and the Beneficiary.
12193\0001\676422.7
-1-
ARTICLE 2
THE GUARANTY
SECTION 2.1. The Guaranty Except as expressly set forth herein, the Guarantor hereby
unconditionally guarantees to Beneficiary the full and punctual performance by Grantee pursuant, to the
Commitment Agreement including but not limited to the payment of damages under the Commitment
Agreement, in each case subject to the conditions and limitations expressly set forth in the Commitment
Agreement (the "Guaranteed Obligations"). The Guarantor and the Beneficiary expressly acknowledge that,
subject to Section 2.5 below, default by the Grantee beyond any applicable notice and grace period or the
failure of the Grantee to perform any Guaranteed Obligation in the time required in each case under the
Commitment Agreement, is a condition of the exercise of this Guaranty.
SECTION 2.2. Termination of Guaranty This Guaranty shall remain in full force and effect until the
earliest date on which (i) all of the Guaranteed Obligations have been completely performed and paid in
full, or (ii) a replacement guarantor reasonably acceptable to the Beneficiary shall have assumed all the
rights and obligation of the Guarantor under this Guaranty. The Guarantor's payment of a portion, but not
all, of the Guaranteed Obligations shall in no way limit, affect, modify or abridge the Guarantor's liability,
as set forth herein, for any portion of the Guaranteed Obligations that has not been completely performed
or paid in full
SECTION 2.3. Guaranty Unconditional Except as expressly set forth herein, the Guarantor agrees
that the obligations of the Guarantor hereunder shall be unconditional and absolute. Notwithstanding any.
provision of this Guaranty to the contrary, the Guarantor shall be entitled to assert as a defense to any claim
for payment of the Guaranteed Obligations, that (i) such Guaranteed Obligations are not currently due under
the terms of the Commitment Agreement or (ii) that such Guaranteed Obligations have previously been paid
in full.
SECTION 2.4. Waivers of Notices and Defenses The Guarantor hereby waives acceptance hereof,
presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any
time any action be taken by any corporation or person against the Grantee or any other corporation or
person.
SECTION 2.5. Stay The Guarantor agrees that, notwithstanding anything to the contrary herein, if
the Beneficiary is stayed upon the insolvency, bankruptcy, or reorganization of the Grantee from exercising
its rights to enforce or exercise any right or remedy with respect to the Guaranteed Obligations, or is
prevented from giving any notice or demand for payment or performance or taking any action to realize on
any security or collateral or is prevented from collecting any of the Guaranteed Obligations, in any such
case, by such proceeding or action, the Guarantor shall pay or render to the Beneficiary upon demand
therefor the amount that would otherwise have been due had such rights and remedies been permitted to
be exercised by the Beneficiary.
12193\00011676422.7
-2-
SECTION 2.6. No Enforcement of Subrogation Upon making any payment or performance with
respect to any Guaranteed Obligation hereunder, the Guarantor shall be subrogated to the rights of the
Beneficiary against the Grantee with respect to such payment; provided that the Guarantor shall not enforce
any payment right by way of subrogation until all Guaranteed Obligations have been paid in full.
ARTICLE 3
REPRESENTATIONS AND WARRANTIES
The Guarantor hereby represents and warrants to the Grantee that the following statements are
true and correct:
SECTION 3.1. Binding Obligation This Guaranty has been duly and validly executed and delivered
by the Guarantor and constitutes the legal, valid and binding obligation of the Guarantor enforceable against
the Guarantor in accordance with its terms, except as the enforceability thereof may be limited by
bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally and by
equitable principles relating to the availability of equitable remedies.
ARTICLE 4
MISCELLANEOUS
SECTION 4.1. Notices All notices, requests and other communications to any party hereunder shall
be in writing (including bank wire, facsimile transmission, telex or similar writing) and shall be given to such
party at its address or telecopy number set forth, in the case of the Guarantor, on the signature pages hereof,
or in the case of the Beneficiary, in the Commitment Agreement, or such other address or telecopy number
or telex number as such party may hereafter specify for the purpose by notice to the other party. Each such
notice, request or other communication shall be effective (i) if given by facsimile transmission, when such
telecopy is transmitted to the telecopy number specified in this Section and answerback has been received,
(ii) if given by telex, when such telex is transmitted to the telex number specified and the appropriate
answerback is received, (iii) if given by mail, three business days after such communication is deposited in
the mails with first class (or, in the case of international mail, airmail) postage prepaid, addressed as
aforesaid, or (iv) if given by any other means, when delivered at the address specified in this Section.
SECTION 4.2. No Waivers No failure or delay by the Beneficiary in exercising any right, power or
privilege hereunder or under the Commitment Agreement shall operate as a waiver thereof nor shall any
single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other
right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive
of any rights or remedies provided by law.
12193\0001\676422.7
SECTION 4.3. Amendments and Waivers This Guaranty constitutes the complete agreement of the
Beneficiary and the Guarantor with respect to the subject matter hereof and supersedes all prior or
contemporaneous negotiations, promises, covenants, agreements or representations. No amendment,
modification, termination or waiver of any provision of this Guaranty, shall in any event be effective without
the written consent of the Beneficiary and Guarantor.
SECTION 4.4. Successors and Assigns This Guaranty is a continuing Guaranty and shall be binding
upon the Guarantor and its successors and assigns, provided, however, that the Guarantor may not assign
this Guaranty or any of the rights or obligations of the Guarantor hereunder without the prior written
consent of the Beneficiary, which shall not be unreasonably withheld or delayed. This Guaranty shall inure
to the benefit of the Beneficiary and its successors and assigns permitted under the Commitment Agreement.
Nothing contained in this Guaranty shall be deemed to confer upon anyone other than the parties hereto
(and their permitted successors and assigns) any right to insist upon or to enforce the performance or
observance of any of the obligations contained herein.
SECTION 4.5. Intentionally omitted.
SECTION 4.6. APPLICABLE LAW THIS GUARANTY SHALL BE CONSTRUED IN
ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK.
SECTION 4.7. JURISDICTION
[Intentionally Omitted].
SECTION 4.8. WAIVER OF JURY TRIAL THE GUARANTOR AND BENEFICIARY HEREBY
IRREVOCABLY WAIVE ANY RIGHTS EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT
OF ANY LITIGATION BASED UPON, OR ARISING OUT OF, THIS GUARANTY OR ANY OTHER
RELATED DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS OR ACTIONS OF THE BENEFICIARY OR THE GUARANTOR RELATING
THERETO.
SECTION 4.9. Severability If any provision in or obligation under this Guaranty shall be invalid,
illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining
provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way
be affected or impaired thereby.
Section 4.10. Interpretation Section headings in this Guaranty are included herein for convenience
of reference.only and shall not constitute a part of this Guaranty for any other purpose or be given any
substantive effect.
Section 4.11. Effectiveness This Guaranty shall become effective upon the Commitment
Agreement becoming effective.
12193\0001\676422.7
IN WITNESS WHEREOF, the Guarantor has executed this Guaranty by its'duly authorized
officer as of the date first above written.
GUARANTOR: TyCom LTD
By:
Name: David W. Van Rossum
Title: Vice President and Chief Financial Officer
Facsimile: (441) 237-3530
Address: Zurich Center, 2nd floor,
Suite 201 90 Pitts Bay Road,
Pembroke, 1-1M08 Bermuda
12193\0001\676422.7