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12/11/01
"Year's end i5 neither an end nor a beginning, but a going on with all the wisdom that experience can instill in us." - Hal Borland AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, December 11, 2001 Hermosa Valley School Multi -Purpose Room 1645 Valley Drive, Hermosa Beach Regular Session - 7:10 p.m. Closed Session - Immediately following Regular Session MAYOR CITY CLERK Kathy Dunbabin Elaine Doerfling MAYOR PRO TEM CITY TREASURER Sam Y. Edgerton John M. Workman COUNCIL MEMBERS CITY MANAGER Michael Keegan Stephen R. Burrell J. R. Reviczky CITY ATTORNEY Art Yoon Michael Jenkins All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. Complete agenda packets are available for public inspection in the Police Department, Fire Department, Public Library, Office of the City Clerk, and the Chamber of Commerce. During the meeting, a packet is also available in the Council Chambers foyer. linity Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS 1 PRESENTATIONS: PRESENTATION OF COMMENDATION TO LAWRENCE MANNING CLOSED SESSION REPORT FOR MEETING OF DECEMBER 5.2001: ACTION(S) OR NO REPORTABLE ACTIONS. PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda. ORAL COMMUNICATIONS Members of the public wishing to address the City Council on any items within the Council's jurisdiction may do so at this time. (Exception: Comments on public hearing items must be heard during the public hearings.) Members of the public wishing to request the removal of an item from the Consent Calendar may do so at this time. Please limit comments to three minutes. Citizens also may speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) with the Mayor's consent, during discussion of items appearing under Municipal Matters; Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 1. WRITTEN COMMUNICATIONS a. Letter from Roger Bacon regarding the present Banner Program for merchants in the City of Hermosa Beach. RECOMMENDATION: Consider request. b. Letter from Jim Lissner requesting permission to utilize the City's cable equipment at Hermosa Valley School to broadcast the school board meetings. RECOMMENDATION: Receive and file. • • 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. (a) Recommendation to approve minutes of the regular meeting of the City Council held on November 27, 2001. (b) Recommendation to ratify check register. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to receive and file action minutes from the Planning Commission meeting of December 5, 2001. (e) Recommendation to accept donations of $250.00 from Hermosa Beach Kiwanis Foundation to be used for the tree lighting ceremony; $300.00 from the Woman's Club of Hermosa Beach to be used for the Halloween Howl activity, the tree lighting ceremony and the Sand Snowman contest; and, $100.00 from Vivian L. Hoffman to be used for the Fire Department training program. Memorandum from Finance Director Viki Copeland dated December 3, 2001. (f) Recommendation to receive and file the list, prepared for posting by the City Clerk pursuant to State law, of all regular and ongoing Hermosa Beach board, commission and committee appointive terms which will expire during the 2002 calendar year. Memorandum from City Clerk Elaine Doerfling dated November 26, 2001. (g) Recommendation to approve Supplemental Agreement No. 1 between the City and Damon Construction for $19,475.00 for CIP 01-168, Manhattan Avenue Street Improvements; authorize the City Manager and the Director of Public Works to execute the Supplemental Agreement No. 1; and, authorize the Director of Public Works to make minor changes as necessary within the contingency of $2,000. Memorandum from Public Works Director Harold Williams dated November 27, 2001. (h) Recommendation to receive and file status report on Project No. CIP 97-182, Myrtle Avenue Undergrounding, and Project No. CIP 97-183, Loma Drive Undergrounding. Memorandum from Public Works Director Harold Williams dated December 3, 2001. 3 (i) a) • • Recommendation to adopt resolution approving Final Map #25898 for two 2 -unit condominium projects at 430-432 and 434-436 Ocean View Avenue. Memorandum from Community Development Director Sol Blumenfeld dated December 3, 2001. Recommendation to adopt resolution establishing a Veteran's Preference Program for civil service examinations. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 6, 2001. (k) Recommendation to deny the following claims and refer them to the City's Liability Claims Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 5, 2001. Claimant: James Qutami Date of Loss: 11/24/01 Date Filed: 11/28/01 3. PRESENTATION BY JOE MARK FOR ECONOMIC DEVELOPMENT REVIEW COMMITTEE. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a. PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN NO. 01-10 AND FINAL ENVIRONMENTAL IMPACT REPORT, 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 4, 2001. RECOMMENDATION: Adopt resolutions: 1. Certifying the Final Environmental Impact Report, and adopting a Mitigation Monitoring Program, as amended, Findings and Facts in support of Findings and a Statement of Overriding Considerations relating to air quality; 4 • • 2. Approving the Planned Development Permit/Precise Development Plan No. 01-10 with conditions; 3. Finding the lease agreement to TyCom's use of City owned property is consistent with the City's General Plan; and, 4. Approving the Easement Agreement ("The Lease" will be provided under separate cover). 6. MUNICIPAL MATTERS a. FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM: 2001-02 THROUGH 2005-06. Memorandum from Public Works Director Harold Williams dated November 27, 2001. RECOMMENDATION: Approve and accept the attached report as a planning document to be used during budget preparation encompassing the period fiscal year 2001-02 through 2005-06. b. REQUEST FOR STOP SIGNS ON ARDMORE AVENUE AT 16 STREET TO CREATE A 3 -WAY STOP. Memorandum from Public Works Director Harold Williams dated November 29, 2001. RECOMMENDATION: Uphold the Public Works Commission decision to deny the request to install stop signs on Valley Drive at 16th Street to create a 3 -way stop. c. SAINT PATRICK'S DAY PARADE AND FESTIVAL: SATURDAY, MARCH 16 AND SUNDAY, MARCH 17, 2002. Memorandum from Community Resources Director Mary Rooney dated December 3, 2001. RECOMMENDATION: Approve request; event contract; requested street closures and fee waiver/funding requests as specified in the staff report. UNDERGROUND DISTRICT FORMATION - ENGINEERING COSTS - SOUTHERN CALIFORNIA EDISON. Memorandum from City Manager Stephen Burrell dated December 6, 2001. RECOMMENDATION: That the City Council approve expenditure of $95,000 for engineering planning of three separate assessment district; and, appropriate $95,000 from Capital Projects Funds to be reimbursed following district formation. 5 41 • 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. 2002-2003 STATE BUDGET MEETING WITH STATE REPRESENTATIVES. Memorandum from City Manager Stephen Burrell dated December 5, 2001. RECOMMENDATION: Direct the Mayor and City Manager to arrange to meet with Senator Debra Bowen and Assembly Member George Nakano concerning the upcoming debate on the state budget. b. SPECIAL MEETINGS PROPOSED SCHEDULE. Memorandum from City Manager Stephen Burrell dated December 5, 2001. RECOMMENDATION: Review the list of special meetings for various issues, make any changes to the dates and direct staff to arrange the meeting and any required public notices. c. COMMERCIAL BANNER PROGRAM - FIRST YEAR REPORT. Memorandum from City Manager Stephen Burrell dated December 5, 2001. RECOMMENDATION: Accept report and approve minor changes to the policy based on the operation of the program during its first year. d. INFORMATIONAL ITEM REGARDING NEIGHBORHOOD MEETING WITH VERIZON REPRESENTATIVES. Memorandum from City Manager Stephen Burrell dated December 6, 2001. RECOMMENDATION: Receive and file. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS - SCHEDULE APPLICANT INTERVIEWS FOR PUBLIC WORKS COMMISSION AND PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated December 3, 2001. RECOMMENDATION: Schedule a meeting for 7:00pm on Tuesday, January 15, 2002 in the first floor conference room at City Hall to interview applicants for the commission vacancies, with appointments to be made at the regular meeting of January 22, 2002. 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. NONE ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on December 5, 2001. 2. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Burd v. City of Hermosa Beach Case Number: CV00-10016 CAS (BQRx) ADJOURN TO CLOSED SESSION RECONVENE TO OPEN SESSION ORAL ANNOUNCEMENTS ADJOURNMENT 1 U.1_i. i..S S1-10 PP IN Gs CE N'�'L1_�. NOVEMBER 28, 2001 MR. STEVE BURRELL, CITY MANAGER CITY OF HERMOSA BEACH 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 RE: MERCHANT'S BANNERS Dear Steve: /6z_e_ig46 ,ft-A1P/0)/6/ id//i/D% RECEIVED NOV 29 2001 I would like to appear before the Hermosa Beach City Council Meeting on December 11,.:2001, regarding the present Banner Program for merchants in the City of Hermosa Beach. Please inform me the place that I will appear on the City Council Meeting Agenda. I can be reached at (310) 374-8991. Thank you for your continued support to the Banner Program. It is always a pleasure working with you and your staff. Happy Holidays to you and your family and staff. Sincerely, r Eldon Bac er/Landlord Ralph's • Starbuck's • Bank of America (Kiosk) • Union Bank • McDonald's First Federal Bank • El Polio Inka • Allstate • Fox Photo 1100 Pacific Coast Highway • Hermosa Beach • California 90254 • (310) 374-8991 Mailing Address: P.O. Box 282 • Redondo Beach • California 90277 la DEC-10-01 MON 14:59' . I SSNER-TBDTP 310 376228 7 P_ 01 41, FACSIMILE COVER SHEET AND MESSAGE Total number of pages including this cover sheet 1 Date: MON 12-10-01 Time To: City Council, City of Hermosa Beach Fax: (310) 372-6186 Voice: (310) 318-0216 From: James Lissner, 2715 E1 Oeste, Hermosa Beach, CA 90254 Fax: (310) 376-2287 Voice: (310) 376-4626 Venue: FQ . COUNCIL MEETING OF 12-11-01. WRITTEN CO!* UNIATIONS ADDENDUM TO MY AQENDIZED LETTER DATED 11-29-01: Subject: Request to use -equipment, access to channel 8 Councilmembers: Subsequent to my sending you the agendized letter, Adelphia informed me that the public cannot use channel 8 to show government meetings, whether they are live or tape -delayed, without express permission from the City (because it is the City's channel). They also informed me, on Wednesday December 5 at 4:40 p.m., that the public cannot show city meetings on the alternative to channel 8, channel 54, because there is a 1/2 hour time limit on all channel 54 programming. This is my request that you permit members of the public to show the following meetings on channel 8, live or tape -delayed: Hermosa Beach School Board, usually 1 meeting per month, City council meetings not taped by the City itself, to the extent they occur, so far less than 1 meeting per month, Other official City meetings, a current example being the Economic Development Review Committee (EDRC), usually 1 or 2 meetings per month. Since at present neither channel is available, I ask that you act tonight, on an urgency basis if necessary, on the issue of access to channel 8. Otherwise, it will not be possible to show the tape of last week's EDRC meeting, or the tape of tomorrow's (Dec. 12) school board meeting. Sincerely Important: The page e••... ising thin facsimile transmission contain confidential information from James Lissner. This information is intended solely C .e use of the root"ldUa1 or entity hamea as the recipient hereof. If you are not the incensed recipient, be a,.ary that any discloser =, copying distribution. or use of tna. Contents of this trentmicsion ie prohibited. If you have received thle trdnamieaion in error. please nosity us by telephone immediately co chat we gay arrange to recaieva this troo.. ss:ve .c oo s•+> . �•� SUPPLEMENTAL 1b INFORMATION NOV-29-01 THU 18:3.ISSNER.TBDTP 310 3762287 1—.01 • FACSIMILE COVER SHEET AND MESSAGE Total number of pages including this cover sheet 1 Date: TH 11-29-01 Time To: City Council, City of Hermosa Beach Fax: auto Voice: (310) 318-0216 From: James Lissner, 2715 El Oeste, Hermosa Beach, CA 90254 Fax: (310) 376-2287 Voice: (310) 376-4626 Venue: FOR COUNCIL MEETING OF 12-11-01. MITTEN C9NNUNICATIONS Please agendize Subject: Request to use equipment Councilmembers: For some time I have been videotaping our local school board meetings, for tape -delayed playback on cable. The entire activity is done as a volunteer effort, at no cost to the city or to the schools. The recent installation of the coaxial cable that permits your council meetings to be broadcast live from the school multi-purpose room also brings with it the opportunity to live -broadcast those school board meetings. The only hurdle to doing so is that the device that sends the signal over to the cable company, a 'lmodulator" which was provided by the cable company, is now exclusively under city control - locked in the city's equipment cabinet. This is my request that you make the modulator accessible to me on school board meeting days. The next board meeting will be December 12 (tomorrow). I will not be able to attend the December 11. (tonight's) council meeting to speak on this matter. However, your staff, particularly City Manager Stephen Burrell and Public Works Superintendent Michael Flaherty, is quite familiar with the equipment and should be able to provide any details you may need. cc: Superintendent Michael Flaherty important, The nonce comprising this facsimile transmission contain tonridentiil information from James Llsanay. 1111n in(br ution lb intended solely for tns use of the individual oc entity naaed as the recipient hereof_ ft you ore not the intended recipient. be e...re th►p any disclosure. copying gistcibution. oc use of the contents of this cranrmieaiop is prohibited. It you have reeaivoe Chic transmission in error. please notify us Dy tatephorie immediately to that vs may errs+nge to retrieve this traenaliasioo at nn cost to you. lb MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 27, 2001, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Michelle Keegan ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Dunbabin Absent: None CANVASS OF VOTES AND INSTALLATION OF OFFICERS. Memorandum from City Clerk Elaine Doerfling dated November 20, 2001. Supplemental memorandum and resolution from City Clerk Elaine Doerfling dated November 27, 2001. City Clerk Doerfling presented the staff report. Action: To approve the recommendation to adopt Resolution No. 01-6178, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 6, 2001, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." Motion Mayor Bowler, second Oakes. The motion carried by a unanimous vote. STATE ASSEMBLY PRESENTATION: Assemblyman George Nakano presented plaques of appreciation to outgoing Council members Bowler and Oakes, thanking and commending them for their eight years of service to the community. STATE SENATE PRESENTATION: Marisela Caraballo, field representative for Senator Debra Bowen, presented plaques of appreciation to outgoing Council members Bowler and Oakes, thanking and commending them for their eight years of service to the community. UNITED STATES CONGRESS PRESENTATION: Linda Wolin, district director for Congresswoman Jane Harmon, presented plaques of appreciation to outgoing Council members Bowler and Oakes, thanking and commending them for their eight years of service to the community. She noted that Congresswoman Harmon read the statements into the Congressional record today. LOS ANGELES BOARD OF SUPERVISORS PRESENTATION: In the absence of Supervisor Don Knabe, Mayor Dunbabin presented plaques of appreciation from the County of Los Angeles (which had been delivered earlier today to the City for presentation this evening) to outgoing Council members Bowler and Oakes, thanking and commending them for their eight years of service to the community City Council Minutes 11-27-01 Page 10683 a 1 • PRESENTATION OF CITY PLAQUES: Mayor Dunbabin presented tile plaques of appreciation to outgoing Councilmembers John Bowler and Julie Oakes, thanking and commending them for their eight years of service on the City Council, including two terms as Mayor. Outgoing Councilmember Oakes spoke of the numerous accomplishments achieved over the past eight years due to the teamwork of the City Council and the vision and involvement of so many people in the city. She thanked her family, the City staff and the community for their support and assistance. She thanked her fellow colleagues seated with her on the dais and former Councilmember Bob Benz who served with her during her first six years, for their hard work and their respect and their camaraderie, noting that she would miss them all. She congratulated the newly elected Councilmembers and hoped their lives would be as enriched by the experience as hers had been. Outgoing Councilmember Bowler thanked the citizens for the trust they placed in him and reviewed the many accomplishments of the past eight years, noting that the City was dragging itself from the depths of a recession when he was first elected in 1993. He said he was proud to have served on the team that worked together to put the City back in shape, effecting more changes in eight years than had occurred in the previous four decades, noting the City was now on sound financial standing with a sustainable budget and rising property values - a town where the quality of life is as excellent as its views. He thanked the City staff and his family and congratulated the newly elected members. Councilmembers Edgerton and Reviczky congratulated the newly elected Council members, and thanked outgoing Councilmembers Oakes and Bowler for their hard work and excellent service, saying they have earned them the gratitude of everyone in the community, and for their friendship, noting the special bond they all shared. Mayor Dunbabin said it had been her great pleasure to have had the opportunity to work with Councilmembers Bowler and Oakes over the past two years. Former Councilmember Bob Benz led the singing of "The Christmas Song: Chestnuts Roasting on an Open Fire," - which this Council traditionally sang at the close of the December meetings when he was a member. The meeting recessed at 7:57 P.M. The meeting reconvened at 8:05 P.M. OATH OF OFFICE TO INCOMING OFFICIALS City Clerk Doerfling congratulated, presented the certificates of election and administered the oath of office to newly elected Council members Michael Keegan, Art Yoon, and J.R. Reviczky. After being sworn in, the new members took their seats at the dais. City Council Minutes 11-27-01 Page 10684 • • Councilmember Keegan thanked his wife and his brother and family for all of their help throughout his campaign, thanked the voters and all of his supporters, and said he looked forward to serving with the other members of the City Council for the next four years. Councilmember Yoon thanked current and former Councilmembers for their great leadership, thanked the other candidates and members of the community who inspire him with their selfless dedication, and said he looked forward to serving on the Council for the next four years. Councilmember Reviczky congratulated Councilmembers Keegan and Yoon and thanked the other candidates for their commitment to the community, thanked his wife and other family members for their understanding and support, and thanked the voters for their continued confidence, saying he looked forward to serving them for another four years. The meeting recessed at 8:13 P.M. The meeting reconvened at 8:25 P.M. ANNOUNCEMENTS - Mayor Dunbabin announced that (1) the annual holiday tree lighting event would take place on the Pier Plaza from 6 to 8 p.m., on Thursday, December 6; (2) the annual sand snowman contest would take place on the north side of the Pier from 9 to 11:30 a.m., on Saturday, December 8; and (3) the next Economic Development meeting would take place in Room 4 of the Community Center at 7 p.m., on Wednesday, December 5. Councilmember Edgerton announced that this year's Beach Cities Holiday Toy Drive was currently underway, with toys being collected at the Hermosa Beach and Manhattan Beach Fire Departments and urged everyone to donate toys to this worthwhile cause, which benefits underprivileged children, noting that the wrapping party would take place at 10 a.m. Saturday, December 15, at the Clark building. PROCLAMATIONS WORLD AIDS DAY 2001 SATURDAY, DECEMBER 1, 2001 Mayor Dunbabin read the proclamation and proclaimed Saturday, December 1, 2001 as 'World Aids Day" in Hermosa Beach, noting that the day's events would conclude with a candlelight ceremony. CLOSED SESSION REPORT FOR MEETING OF NOVEMBER 13, 2001: NO REPORTABLE ACTIONS. PUBLIC PARTICIPATION: City Council Minutes 11-27-01 Page 10685 ORAL COMMUNICATIONS - None 1. WRITTEN COMMUNICATIONS - None 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items, whichwere removed for discussion in item 4, but are shown in order for clarity: (e) Reviczky, (j) Reviczky, and (k) Edgerton. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 13, 2001. Action: To approve the minutes of the regular City Council meeting of November 13, 2001, as presented. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 27157 THROUGH 27286 INCLUSIVE AND TO APPROVE THE CANCELLATION OF CHECK NOS. 26503 AND 27032 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register, as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items, as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 2001 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and (3) Investment report. Action: To receive and file the October 2001 financial reports, as presented. (e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PUBLIC WORKS COMMISSION MEETING OF NOVEMBER 14, 2001. This item was removed from the consent . calendar by Councilmember Reviczky for separate discussion later in the meeting. City Council Minutes 11-27-01 Page 10686 (f) (g): Action: To initiate a Council review of the November 14 action of the Public Works Commission (agenda item 6a) concerning a request for stop signs on Ardmore Avenue at 16th Street to create a three-way stop. Proposed by Reviczky and supported by Edgerton. Final Action: To receive and file the action minutes of the Public Works Commission meeting of November 14, 2001. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. RECOMMENDATION TO SCHEDULE A CLOSED SESSION MEETING FOR WEDNESDAY, DECEMBER 5, 2001 AT 7:00 PM. Memorandum from City Manager Stephen Burrell dated November 20, 2001. Action: To schedule. a Closed Session meeting for Wednesday, December 5, 2001, at 7:00 P.M. (instead of 5:30 P.M. as initially recommended by staff). RECOMMENDATION TO RECEIVE • AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Harold Williams dated November 14, 2001. Action: To receive and file the staff report giving the status of capital improvement projects that are either under design or construction. (h) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 14, 2001. (i) Claimant: Patrick and Stacy Michela Date of Loss: 09/21/01 Date Filed: 11/13/01 Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. RECOMMENDATION TO AUTHORIZE THE PURCHASE OF TWO POLICE KAWASAKI MOTORCYCLES FROM VIP KAWASAKI OF BUENA PARK, CALIFORNIA FOR $17,972.28 (INCLUDES TAX). Memorandum from Police Chief Michael Lavin dated November 20, 2001. Action: To authorize the purchase of two Police Kawasaki Motorcycles from VIP Kawasaki of Buena Park, California, for $17,972.28 (includes tax), as recommended by staff. (j) RECOMMENDATION TO APPROVE THE CITY COUNCIL MEETING SCHEDULE FOR 2002. Memorandum from City Manager Stephen Burrell dated November 20, 2001. • City Council Minutes 11-27-01 Page 10687 . This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Action: To approve the staff -recommended City Council meeting schedule for 2002, with the following amendments: (1) change the Tuesday, May 28, meeting to Thursday, May 30, due to the Memorial Day holiday on Monday, May 27; and (2) reverse the August meeting schedule to hold the meeting of August 13 and cancel the meeting of August 27. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (k) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR CIP 01-166, STREET IMPROVEMENTS - SLURRY AND CRACKING SEALING AT VARIOUS STREETS EAST OF PCH, TO PAVEMENT COATING COMPANY OF CYPRESS, CALIFORNIA, IN THE AMOUNT OF $97,419.96; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN BUDGET. Memorandum from Public Works Director Harold Williams dated November 20, 2001. (I) This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Williams responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to: (1) Award the construction contract for CIP 01-166, Street Improvements - Slurry and Cracking Sealing At Various Streets East of Pacific Coast Highway, to Pavement Coating Company of Cypress, California, in the amount of $97,419.96; (2) Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and (3) Authorize the Director of Public Works to make minor changes as necessary within budget. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 20, 2001. Action: To receive and file the action minutes from the Planning Commission meeting of November 20, 2001. City Council Minutes 11-27-01 Page 10688 (m) RECOMMENDATION TO AWARD BID TO INSTALL EIGHTEEN SINGLE WALL MOUNTED NATURAL GAS HEATERS AT THE COMMUNITY CENTER PUBLIC AND LEASED ROOMS TO RUSTH HEATING AND AIR CONDITIONING OF MANHATTAN BEACH, IN THE AMOUNT OF $31,548.96; AUTHORIZE THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES AS NECESSARY WITHIN THE BUDGET. Memorandum from Public Works Director Harold Williams dated November 21, 2001. Action: To approve the staff recommendation to: (1) Award the bid to install eighteen single wall mounted natural gas heaters at the Community Center public and leased rooms to Rusth Heating and Air Conditioning of Manhattan Beach, in the amount of $31,548.96; (2) Authorize the City Manager to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and (3) Authorize the Director of Public Works to make changes as necessary within the budget. 3. CONSENT ORDINANCES - None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (j) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. 5. PUBLIC HEARINGS - None 6. MUNICIPAL MATTERS - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. CALIFORNIA WATER SERVICE COMPANY PROPOSED RATE INCREASE. Memorandum from City Manager Stephen Burrell dated November 21, 2001. City Manager Burrell presented the staff report and responded to Council questions. City Council Minutes 11-27-01 Page 10689 • • Action: To direct staff to track the application filed by California Water Service Company for a rate increase effective January 2002. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated November 15, 2001. City Clerk Doerfing presented the staff report and responded to Council questions. Action: To approve the City Council committee assignment list as amended at the meeting of November 13, and with the following changes made this evening to committee appointments: (1) Beach Cities Committee - Reviczky to remain as delegate, Yoon to serve as alternate; (2) Independent Cities Association - Keegan to serve as delegate, Yoon to serve as alternate; (3) LAX Committee and South Bay Cities Council of Governments - Dunbabin to remain as delegate, Edgerton to serve as alternate; (4) League of California Cities - Board of Directors - Yoon to serve as delegate, Keegan to serve as alternate; (5) Metropolitan Transportation Authority City Selection Committee - Reviczky to serve as delegate, Keegan to serve as alternate; (6) Sister City Association, Inc. - Reviczky to remain as delegate, Keegan to serve as alternate; (7) South Bay Youth Project - Yoon to serve as delegate, Reviczky to remain as alternate; (8) West Basin Water Association - Reviczky to remain as delegate, Keegan to serve as alternate; and (9) Santa Monica Bay Restoration - Yoon to serve as delegate, Dunbabin to serve as alternate; with the following changes made this evening to temporary subcommittee appointments: (1) City -School District Partnership Yoon to serve with current member Edgerton; (2) Fiesta - Keegan and Yoon to serve on this subcommittee; (3) Library - Reviczky to serve with current member Dunbabin; and (4) Retail Business Development Plan - Keegan to serve with current member Reviczky; with the addition to the list of the following (inadvertently omitted) existing subcommittee: (1) Community Center Paint - Keegan to serve with current member Dunbabin; and with the deletion of the following obsolete subcommittees. City Council Minutes 11-27-01 Page 10690 (1) Pier Reconstruction; (2) Valley Park; and (3) Council Chambers Remodel. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. b. VACANCIES - BOARDS AND COMMISSIONS - UNEXPIRED TERMS. Memorandum from City Clerk Elaine Doerfling dated November 20, 2001. City Clerk Doerfling presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To direct the City Clerk to: (1) Advertise the Public Works Commission and Parks, Recreation and Community Resources Advisory Commission unscheduled vacancies as required by State law and with two Easy Reader newspaper publications and normal posting procedures inviting applications from persons interested in being appointed to fill the unexpired terms, with an application filing deadline in mid-January; and (2) Report back at the December 11 meeting on scheduling a special meeting date for applicant interviews to allow for Commission appointments to be made at the regular meeting of January 22, 2002. Motion Reviczky, second Yoon. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL - None Councilmember Yoon spoke of concerns expressed by residents with regard to the proposed cellular tower and requested that the matter be agendized. City Manager Burrell, City Attorney Jenkins and Community Development Director Blumenfeld responded to Council questions. Councilmember Yoon agreed with the City Manager's suggestion to schedule as quickly as possible a neighborhood meeting to be attended by Verizon representatives rather than agendize the item for a Council meeting at this time. Staff was so directed. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 27, 2001, 'at the hour of 9:15 P.M. to an Adjourned Regular Meeting on Wednesday, December 5, 2001, at the hour of 7:00 P.M., in the City Hall second story Conference Room, for the conduct of a Closed Session. City Council Minutes 11-27-01 Page 10691 .7 VOUCHRE2 11/20/01 07:45 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 27287 11/20/01 000243 HERMOSA BEACH PAYROLL A PAYROLL/11-1 TO 11-15-01 001-1103 279,882.98 PAYROLL/11-1 TO 11-15-01 105-1103 6,088.63 PAYROLL/11-1 TO 11-15-01 109-1103 1,064.96 PAYROLL/11-1 TO 11-15-01 110-1103 28,438.78 PAYROLL/11-1 TO 11-15-01 117-1103 629.80 PAYROLL/11-1 TO 11-15-01 140-1103 54.18 PAYROLL/11-1 TO 11-15-01 145-1103 1,090.25 PAYROLL/11-1 TO 11-15-01 150-1103 57.02 PAYROLL/11-1 TO 11-15-01 152-1103 38.40 PAYROLL/11-1 TO 11-15-01 160-1103 7,064.34 PAYROLL/11-1 TO 11-15-01 301-1103 3,107.61 PAYROLL/11-1 TO 11-15-01 705-1103 2,560.00 PAYROLL/11-1 TO 11-15-01 715-1103 4,771.05 334,848.00 TOTAL CHECKS 334,848.00 2b VOUCHRE2 CITY OF HERMOSA BEACH 11/20/01 07:45 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 279,882.98 105 LIGHTG/LANDSCAPG DIST FUND 6,088.63 109 DOWNTOWN ENHANCEMENT FUND 1,064.96 110 PARKING FUND 28,438.78 117 AB939 FUND 629.80 140 COMMUNITY DEV BLOCK GRANT 54.18 145 PROPOSITION 'A FUND 1,090.25 150 GRANTS FUND 57.02 152 AIR QUALITY MGMT DIST FUND 38.40 160 SEWER FUND 7,064.34 301 CAPITAL IMPROVEMENT FUND 3,107.61 705 INSURANCE FUND 2,560.00 715 EQUIPMENT REPLACEMENT FUND 4,771.05 TOTAL 334,848.00 PAGE 2 VOUCHRE2 11/21/01 17:09 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 27288 11/21/01 006290 AIR SOURCE INDUSTRIES 27289 11/21/01 006827 ALL CITY MANAGEMENT 27290 11/21/01 009500 AT&T 27291 11/21/01 005167 DAVE BEEMAN 27292 11/21/01 008937 DAVID BIZUB 27293 11/21/01 27294 11/21/01 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION OXYGEN TANKS REFILLED/OCT 01 CRSSG GD SERV/10/21-11/03/01 WEST COVINA LINE/NOV 01 INSTRUCTOR PAYMENT/CVL-01 REFUND FORFEIT FEES 008522 BLUE RIDGE MEDICAL INC. MEDICAL SUPPLIES/NOV 2001 000356 CITY CLERKS ASSN OF CAL MEMBERSHIP/E. DOERFLING 27295 11/21/01 008811 DIANE CLEARY 27296 11/21/01 005970 DENNIS COLLINS PLANNING MINUTES/10/16/01 INSTRUCTOR PAYMENT/FALL SV -01 INSTRUCTOR PAYMENT/FALL SV -02 INSTRUCTOR PAYMENT/FALL SV -03 INSTRUCTOR PAYMENT/FALL SV -04 INSTRUCTOR PAYMENT/FALL SBV-01 27297 11/21/01 009614 CONTINENTAL MAPPING SER 300' NOTICING/NOV 2001 27298 11/21/01 000041 VIKI COPELAND 27299 11/21/01 008499 CRAFT COMMUNICATIONS 27300 11/21/01 000850 L. N. CURTIS 27301 11/21/01 008682 DEPARTMENT ISSUE REIMBURSE AIRFARE/12/01 INSTALL CABLES FROM SERVER SAFETY GLOVES/OCT 2001 HOSE FOR ENGINE MOTORCYCLE JACKET/THOMPSON 27302 11/21/01 000154 DEPARTMENT OF ANIMAL CA SHELTER SERVICES/OCT 2001 27303 11/21/01 008242 LYNDA DESLANDES 27304 11/21/01 INSTRUCTOR PAYMENT/RG-01 INSTRUCTOR PAYMENT/FALL RG -01 010909 DIVERSIFIED RISK INSURA TULIP INSURANCE/OCT 2001 27305 11/21/01 011267 ANDERS DOUGLAS 27306 11/21/01 CLASS REFUND 011263 ECOLOGY & ENVIROMENT, I ENVIRONMENTAL SERVICES/6/01 27307 11/21/01 001962 FEDERAL EXPRESS CORP. 27308 11/21/01 010709 FIRE MASTER 27309 11/21/01 008803 GOLD• GRAPHICS EXPRESS MAIL/NOV 2001 EXPRESS MAIL/OCT 2001 FIRE ALARM SECURITY CHECK/NOV FLAG HARDWARE PURCHASE ACCOUNT NUMBER 001-2201-4309 001-2102-4201 001-2101-4304 001-4601-4221 001-2111 001-2201-4309 001-1121-4315 001-4101-4201 001-4601-4221 001-4601-4221 001-4601-4221. 001-4601-4221 001-4601-4221 001-4101-4201 001-1202-4317 001-2101-4201 001-2201-4187 001-2201-5402 001-2101-4187 110-3302-4251 001-4601-4221 001-4601-4221 001-3897 001-2111 001-2114 001-4202-4201 001-1101-4305 001-4204-4321 ITEM AMOUNT 155.80 3,260.83 266.03 602.00 103.00 45.60 110.00 260.00 591.50 315.00 182.00 315.00 784.00 1,497.00 200.00 518.84 21.07 4,611.60 381.63 156.56 525.00 1,137.50 310.32 175.00 69,394.18 10.28 14.96 210.00 109-3301-4319 100.00 PAGE 1 CHECK AMOUNT 155.80 3,260.83 266.03 602.00 103.00 45.60 110.00 260.00 2,187.50 1,497.00 200.00 518.84 4,632.67 381.63 156.56 1,662.50 310.32 175.00 69,394.18 25.24 210.00 100.00 VOUCHRE2 11/21/01 17:09 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 27310 11/21/01 002336 MARCIA HALL 27311 11/21/01 000065 HERMOSA BEACH CAR WASH 27312 11/21/01 005356 JOHN HUNTER & ASSOC. 27313 11/21/01 000559 HYATT REGENCY MONTEREY 27314 11/21/01 000679 IAPMO CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PER DIEM/11/27-11/3O/01 OCT 2001 CAR WASHES OCT 2001 CAR WASHES OCT 2001 CAR WASHES OCT 2001 CAR WASHES ADMIN STORM WATER PROGRAM/9/01 LODGING/11/28-30/01/HALL LODGING/MAPLES CONF #16159078 2002 MEMBERSHIP/BLUMENFELD 27315 11/21/01 009657 INFOLINK SCREENING SERV BACKGROUND CHECK/OCT 2001 27316 11/21/01 004908 JAMESTOWN PRESS 27317 11/21/01 010820 JENKINS & HOGIN,LLP 27318 11/21/01 010248 MARK KLENDER 27319 11/21/01 000167 LEARNED LUMBER PUBLIC NOTICES/TYCOM LEGAL RE: GENERAL/OCT 2001 LEGAL RE:/STOP OIL/OCT 2001 LEGAL RE:LAND USE/OCT 2001 LEGAL RE: TYCOM/OCT 2001 CLASS REFUND/YT-001/FALL LUMBER PURCHASE/OCT 2001 LUMBER & SUPPLIES LUMBER PURCHASE/NOV 2001 NAILS & DRYWALL 27320 11/21/01 011258 LOS ANGELES SHERIFFS 0 TUITION/SADANA/POST CLASS 27321 11/21/01 007701 GLENN MAPLES 27322 11/21/01 007060 AARON MARKS 27323 11/21/01 PER DIEM/11/28-11/30/01 MILEAGE REIMBURSEMENT/11-7-9 008457 MINOLTA BUSINESS SYSTEM COPIER USAGE/OCT 2001 COPIER USAGE/OCT 2001 COPIER USAGE/OCT 2001 COPIER USAGE/OCT 2001 COPIER USAGE/OCT 2001 27324 11/21/01 010279 MITY-LITE 27325 11/21/01 010608 MTC ENGINEERING INC. 27326 11/21/01 010725 OPPORTUNITY NOCS TABLES AND FOLDING CHAIRS GEOTECHNICAL CONSULTING GEOTECHNICAL CONSULTING GEOTECHNICAL CONSULTING AD FOR COMMUNITY CENTER 27327 11/21/01 000321 PACIFIC BELL . COMPUTER HOOK-UPS/NOV 2001 • ACCOUNT NUMBER 110-1204-4317 715-2101-4311 715-4202-4311 715-4201-4311 715-3302-4311 160-3102-4201 110-1204-4317 110-3302-4317 001-4201-4315 001-1203-4201 001-2114 001-1131-4201 001-1131-4201 001-1131-4201 001-2114 001-2111 001-6101-4309 153-2106-5602 001-6101-4309 153-2106-5602 001-2101-4312 110-3302-4317 001-2201-4317 001-1208-4201 001-4601-4201 001-1208-4201 001-2201-4201 110-3302-4201 001-4601-5402 146-8139-4201 146-8139-4201 301-8139-4201 001-4601-4302 001-2101-4304 PAGE 2 ITEM CHECK AMOUNT AMOUNT 200.00 200.00 339.65 36.50 13.85 11.90 401.90 2,232.67 2,232.67 392.70 392.70 785.40 150.00 150.00 36.80 36.80 860.76 860.76 2,198.00 3,666.00 3,178.00 810.00 9,852.00 58.00 58.00 10.74 251.25 11.45 10.29 283.73 185.00 185.00 150.00 150.00 72.45 72.45 197.03 67.17 102.99 67.17 13.44 447.80 3,350.35 3,350.35 2,700.00 1,709.64 1,000.00 5,409.64 140.00 140.00 3.45 VOUCHRE2 11/21/01 17:09 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 27328 11/21/01 011266 FRANCOISE RAVEL CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION COMPUTER HOOK-UPS/NOV 2001 ACCOUNT NUMBER 001-2101-4304 CLASS REFUND/FALL/WINTER 2001 001-2111 27329 11/21/01 002927 REGISTRAR -RECORDER PROCESSING FEE/EXEMPTION 27330 11/21/01 005379 RICHARDS, WATSON & GERS LEGAL RE:SOLID WASTE/7/01 LEGAL RE STOP OIL/7/01 LEGAL RE: OREJEL/JULY 2001 LEGAL RE: LITIGATION/7/01 LEGAL RE:LAND & WATER/7/01 LEGAL RE: COASTAL PROGRAM/7/01 LEGAL RE:CODE ENFORCE/7/01 27331 11/21/01 003353 S.B.C.U. VISA REGIS BURRELL/LEAGUE OF CITIES LUNCH MEETING/EMPLOYEES 2001/02 PROPERTY TAXES & FEES HOTEL/EARL/CA JOINT POWERS HOTEL/EARL/CAPERA NOV 01 SERVICE CHARGE NOV 2001 HOTEL/TINGLEY/CFCA CONF/10/01 HOTEL/DIAZ/AFSS WORKSHOP/10/01 LUNCH MEETING/CM/FIREMEN/10/01 27332 11/21/01 009391 OFFICER RAUL SALDANA MEALS/POST CLASS 27333 11/21/01 011264 JESSE SEDER CITATION REFUND 27334 11/21/01 009811 WILLIAM E. SIGLER INSTRUCTOR PAYMENT/CVL-01 27335 11/21/01 000159 SOUTHERN CALIFORNIA EDI ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/NOV 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/NOV 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 ELECTRIC BILLING/OCT 2001 27336 11/21/01 010158 STEVENS-GARLAND ASSOCIA ENGINEERING SERVICE/SEPT 01 27337 11/21/01 009099 STEWARD JACKSON SPRINKL BACKFLOW DEVICES TESTED BACKFLOW DEVICES TESTED 301-8171-4201 001-1131-4201 001-1131-4201 001-1131-4201 001-1131-4201 001-1131-4201 001-1131-4201 001-1132-4201 001-1201-4317 001-1201-4317 001-1101-4201 705-1209-4317 001-1203-4317 001-1203-4317 001-2201-4317 001-2201-4317 001-2201-4317 001-2101-4312 110-3302 001-4601-4221 105-2601-4303 105-2601-4303 105-2601-4303 105-2601-4303 001-4204-4303 105-2601-4303 105-2601-4303 105-2601-4303 160-3102-4303 001-4204-4303 105-2601-4303 105-2601-4303 109-3304-4303 105-2601-4303 105-2601-4303 109-3304-4303 001-3104-4201 001-6101-4201 105-2601-4201 ITEM AMOUNT 3.57 165.00 25.00 1,172.50 5,799.30 285.00 140.00 54.50 175.50 1,290.55 150.00 40.50 3.45 440.44 653.70 7.00 488.71 306.15 59.88 40.00 20.00 602.00 11,240.23 294.47 11.20 13.82 184.67 16.52 381.91 25.95 301.18 20.28 30.77 245.49 2,846.47 28.04 32.14 60.30 1,530.00 450.00 450.00 PAGE 3 CHECK AMOUNT 7.02 165.00 25.00 8,917.35 2,149.83 40.00 20.00 602.00 15,733.44 1,530.00 900.00 VOUCHRE2 11/21/01 17:09 VOUCHER/ CHECK .CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 27338 11/21/01 005869 T2 SYSTEMS, INC. 27339 11/21/01 000124 TODD PIPE & SUPPLY CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TICKETWRITER REPAIR IRRIGATION SUPPLIES/NOV 2001 DISCOUNT OFFERED DISCOUNT TAKEN 27340 11/21/01 009153 TOSCO FLEET SERVICES RENEWAL & CARD CHARGES RENEWAL & CARD CHARGES RENEWAL & CARD CHARGES 27341 11/21/01 009816 U.S. TRUST COMPANY,N.A. ANNUAL ADMIN FEES/LOMA 27342 11/21/01 004768 UPTIME COMPUTER SERVICE PRINTER MAINT/NOV 2001 PRINTER REPAIRS/PUBLIC WORKS PRINTER MAINT/DEC 2001 27343 11/21/01 000015 VERIZON CALIFORNIA PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 PHONE BILLING/OCT 2001 27344 1129101 PHONE BILLING/OCT 2001 VOID 27345 11/21/01 005125 JOHN WORKMAN, PETTY CAS REIMB PETTY CASH 10/29-11/20 REIMB PETTY CASH 10/29-11/20 REIMB PETTY CASH 10/29-11/20 REIMB PETTY CASH 10/29-11/20 REIMB PETTY CASH 10/29-11/20 REIMB PETTY CASH 10/29-11/20 REIMB PETTY CASH 10/29-11/20 6 ACCOUNT NUMBER 110-3302-4309 001-6101-4309 001-2021 001-2022 715-2201-4310 715-2101-4310 715-4202-4310 618-2252 715-1206-4201 715-1206-4309 715-1206-4201 715-1206-4304 110-3302-4304 001-2101-4304 001-4204-4321 001-2201-4304 001-4601-4304 001-4202-4304 001-4201-4304 109-3304-4304 110-1204-4304 001-1121-4304 001-1201-4304 001-1132-4304 001-1141-4304 001-1201-4304 001-1202-4304 001-1203-4304 715-1206-4304 001-1208-4304 001-2101-4304 001-2201-4304 001-4101-4304 001-4201-4304 001-4202-4304 001-4601-4304 110-1204-4304 110-3302-4304 001-4101-4305 001-4101-4317 001-4201-4317 001-4204-4309 001-4601-4308 001-4202-4317 001-1202-4317 ITEM AMOUNT 550.00 135.05 2.76 2.76- 7.02 7.02 14.03 2,050.00 641.60 85.00 641.60 310.96 63.95 1,274.75 60.34 194.70 58.86 112.85 77.06 36.86 36.05 5.99 1.50 3.00 23.97 25.47 58.44 37.47 38.96 3.00 452.52 191.80 26.97 43.45 302.68 172.32 29.97 80.92 3.29 38.00 75.90 177.43 61.69 73.48 30.00 PAGE 4 CHECK AMOUNT 550.00 135.05 28.07 2,050.00 1,368.20 3,724.81 VOUCHRE2 11/21/01 17:09 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 5 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 27346 11/21/01 010500 XO COMMUNICATIONS REIMS PETTY CASH 10/29-11/20 001-4601-4305 102.24 REIMB PETTY CASH 10/29-11/20 001-2201-4309 32.29 REIMB PETTY CASH 10/29-11/20 001-2201-4305 3.44 REIMB PETTY CASH 10/29-11/20 001-2101-4317 54.20 REIMB PETTY CASH 10/29-11/20 001-2101-4312 8.00 REIMB PETTY CASH 10/29-11/20 001-4601-4308 140.03 REIMB PETTY CASH 10/29-11/20 001-1203-4201 131.99 REIMB PETTY CASH 10/29-11/20 001-1101-4305 4.15 REIMB PETTY CASH 10/29-11/20 001-4101-4305 46.94 DSL CONNECTIONS/NOV 2001 715-1206-4201 983.07 124.00 124.00 TOTAL CHECKS 149,924.04 VOUCHRE2 11/21/01 17:09 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 119,031.02 105 LIGHTG/LANDSCAPG DIST FUND 12,770.54 109 DOWNTOWN ENHANCEMENT FUND 3,043.63 110 PARKING FUND 2,086.29 146 PROPOSITION 'C FUND 4,409.64 153 SUPP'LAW ENF SERV (SLESF) 261.54 160 SEWER FUND 2,533.85 301 CAPITAL IMPROVEMENT FUND 1,025.00 618 LOMA DRIVE ASSESSMENT FUND 2,050.00 705 INSURANCE FUND 440.44 715 EQUIPMENT REPLACEMENT FUND 2,272.09 TOTAL 149,924.04 PAGE 6 VOUCHRE2 11/29/01 17:09 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 27347 11/29/01 •002744 A & E TROPHIES 27348 11/29/01 000935 ADVANCED ELECTRONICS 27349 11/29/01 009119 ALOHA DAYS CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER' FOR ALL PERIODS ITEM DESCRIPTION BRASS PLATES ENGRAVED TWO WAY RADIO MAINT/NOV 2001 REFUND ALOHA DAYS 27350 11/29/01 011089 ALTEC TESTING & ENGINEE ASBESTOS TESTING/CITY YARD 27351 11/29/01 000252 BEACH TRAVEL AIR FARE/BUSH AIR FARE/MARKS 27352. 11/29/01 006237 JACK BECK CONSTRUCTION 8 YARDS PLANTER MIX 27353 11/29/01 005464 BILL'S SOUND & SECURITY SOUND SYSTEM MAINT/SEPT 2001 CHAMBER SOUND SYSTEM MAINT/OCT 27354 11/29/01 009085 BLACKMORE MASTER DISTRI PRISONER MEALS 27355 11/29/01 008585 AARON BUSH 27356 11/29/01 011279 C.A.M. PER DIEM/VFIS TRAINING REFUND WORK GUARANTEE # 2516 27357 11/29/01 000262 CALIFORNIA MARKING DEVI SIGNATURE STAMP 2001 BANDS FOR RECEIVED STAMP NAME PLATES ENGRAVED/NOV 01 27358 11/29/01 000016 CALIFORNIA WATER SERVIC WATER BILLING/OCT 2001 WATER BILLING/OCT 2001 WATER BILLING/OCT 2001 WATER BILLING/OCT 2001 27359 11/29/01 010838 CANON BUSINESS SOLUTION FAX TONER CARTRIDGE 27360 11/29/01 007611 CARMEN'S UNIFORM HANDCUFF PURCHASE/OCT 2001 27361 11/29/01 010535 CHEVALIER,ALLEN & LICHM LEGAL RE: FAA/9/17-10/25/01 27362 11/29/01 008811 DIANE CLEARY TRANSCRIPTIONS/PW/11/14/01 PLANNING MEETING TRANSCRIPTION 27363 11/29/01 000325 COAST GLASS COMPANY MIRROR INSTALLED/COMMUNITY CRT 27364 11/29/01 009110 CONCEPT MARINE 27365 11/29/01 007809 CORPORATE EXPRESS CONTRACT SERVICES/8/01-10/01 CALENDAR RETURNED MERCHANDISE OFFICE SUPPLIES/OCT 2001 OFFICE SUPPLIES/OCT 2001 OFFICE SUPPLIES/OCT 01 RETURNED MERCHANDISE OFFICE SUPPLIES/OCT 2001 9 ACCOUNT NUMBER 001-1101-4319 110-3302-4201 109-3301-4319 001-4204-4321 001-2201-4317 001-2201-4317 105-2601-4309 001-4204-4201 001-4204-4201 001-2101-4306 001-2201-4317 001-2110 001-1121-4305 001-1121-4305 001-1121-4305 105-2601-4303 001-6101-4303 001-4204-4303 109-3304-4303 001-1208-4305 001-2101-4187 001-1131-4201 001-4202-4201 001-4101-4201 001-4204-4309 001-8622-4201 001-1208-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-1208-4305 ITEM AMOUNT 48.06 179.81 1,360.60 320.00 245.00 245.00 400.00 130.00 130.00 194.16 200.00 1,600.00 32.40 30.24 13.50 1,068.75 7,138.23 683.17 76.55 97.20 32.35 1,022.30 110.00 290.00 185.00 3,268.75 5.42 5.42- 6.31 6.31- 32.18 32.18- 149.86 PAGE 1 CHECK AMOUNT 48.06 179.81 1,360.60 320.00 490.00 400.00 260.00 194.16 200.00 1,600.00 76.14 8,966.70 97.20 32.35 1,022.30 400.00 185.00 3,268.75 • VOUCHRE2 11/29/01 17:09 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 27366 11/29/01 007700 CPRS 27367 11/29/01 011280 CPRS 27368 11/29/01 010622 CSMFO 27369 11/29/01 011273 DE BILLO CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MONROE CALCULATOR OFFICE SUPPLIES/OCT 2001 CALENDAR OFFICE SUPPLIES/OCT 2001 CALENDARS/NOV 2001 PRINTER RIBBONS MEMBERSHIP DUES/DONAHUE AWARDS PROGRAM ENTRY FEE APPLICATION/CAFR AWARDS/2001 PRISONER MEALS/NOV 2001 27370 11/29/01 000364 DEPARTMENT OF JUSTICE . FINGERPRINTING/OCT 2001 27371 11/29/01 002055 ELAINE C. DOERFLING 27372 11/29/01 001339 DOUBLETREE INN 27373 11/29/01 011103 ENTENMANN-ROVIN CO. 27374 11/29/01 011119 ESCOM SOFTWARE SERVICES 27375 11/29/01 001294 EXECUTIVE -SUITE SERVICE 27376 11/29/01 008175 FLEMING & ASSOCIATES 27377 11/29/01 008600 GLOBAL RENTAL CO., INC 27378 11/29/01 006518 HATER CONSULTANTS, INC. 27379 11/29/01 004108 HAZELRIGG RISK MGMT SER 27380 11/29/01 011277 HYATT REGENCY PIER 66 R 27381 11/29/01 011272 TOM JOST 27382 11/29/01 008441 LEA ASSOCIATES, INC. 27383 11/29/01 005129 LIEBERT CASSIDY WHITMOR 27384 11/29/01 007060 AARON MARKS 27385 11/29/01 006514 MAXIMUS 27386 11/29/01 001911 MEDICAL INSTITUTE 27387 11/29/01 010668 MOBIL FLEET/GECC PER DIEM/12/5-12/7/01 LODGING/DOERFLING 12/5-12/7/01 BELT BUCKLES LICENSE/TRAINING/TECH FEES JANITORIAL SERV/SO.PARK/10/01 REIMBURSE LIABILITY ACCT/OCT HIGH -LIFT RENTAL/11/12-12/9/01 TEMP BUILD INSPECT/11/1-15/01 REIMBURSE WORKER'S COMP/11/9 REIMBURSE WORKER'S COMP/11/16 LODGING/MARK/BUSH DEC 3-4/2001 CITATION REFUND DATA ANALYSIS/SEPT 2001 LEGAL SERVICES/OCT 2001 PER DIEM/VFIS TRAINING 1/4 STATE MANDATED COST EMPLOYEE MEDICAL EXAMS/OCT 01 GAS CARD PURCHASE/OCT 2001 I0 ACCOUNT NUMBER 001-1202-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-4601-4315 001-4601-4315 001-1202-4201 001-2101-4306 001-1203-4201 001-1121-4317 001-1121-4317 001-2201-4187 715-1206-4201 001-4204-4201 705-1209-4324 105-2601-4201 001-4201-4201 705-1217-4324 705-1217-4324 001-2201-4317 110-3302 001-2114 001-1203-4201 001-2201-4317 001-1202-4201 001-1203-4320 715-2201-4310 PAGE 2 ITEM CHECK AMOUNT AMOUNT 139.32 32.18 5.42 6.31 193.94 45.36 572.39 130.00 130.00 40.00 40.00 25.00 25.00 281.43 281.43 128.00 128.00 150.00 150.00 468.60 468.60 510-95 510.95 4,432.92 4,432.92 41-25 41.25 4,973.35 4,973.35 2,376.00 2,376.00 2,640.00 2,640.00 7,368.77 21,897.96 29,266.73 462.87 462.87 50.00 50.00 374.00 314.00 7/4.50 714.50 200.00 200.00 837.00 837.00 840.00 840.00 12.24 VOUCHRE2 11/29/01 17:09 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME 27388 11/29/01 010486 MYERS TIRE SUPPLY 27389 11/29/01 009182 NORTH STAR GRAPHICS 27390 11/29/01 011271 JOHN 0,HARA,N_D_ 27391 11/29/01 000093 OLYMPIC AUTO CENTER 27392 11/29/01 007158 PEEK TRAFFIC SIGNAL 27393 11/29/01 006909 W.T. PRYOR 27394 11/29/01 005379 RICHARDS, WATSON & GERS 27395 11/29/01 003353 S.B.C.U. VISA 27396 11/29/01 009656 SHRED IT CALIFORNIA 27397 11/29/01 000118 SOUTH BAY MUNICIPAL COU 27398 11/29/01 005136 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS CARD PURCHASES/8/30-9/26 CARD PURCHASES/8/30-9/26 CARD PURCHASES/8/30-9/26 CARD PURCHASES/8/30-9/26 CARD PURCHASES/8/30-9/26 CARD PURCHASES/8/30-9/26 CARD PURCHASES/8/30-9/26 CARD PURCHASES/8/30-9/26 CARD PURCHASES/8/30-9/26 CARD PURCHASES/8/30-9/26 AIR COMPRESSOR MOTORCYCLE GRAPHICS PRE-EMPLOYMENT EXAM/PHILLIPS AUTO BODY WORK/NOV 2001 SIGNAL MAINT/NOV 2001 2001 ASSESSMENT REBATE LEGAL RE: CODE ENFORCE/SEPT 01 STAFF MTG/10/30/01 LUNCH/CITY MANAGER& P.O.A DESTRUCTION SERVICES/NOV 2001 CITATION SURCHARGE/SEPT 2001 CITATION SURCHARGES/OCT 2001 SOUTHERN CAL SHARPSHOOT RANGE QUAL/OCT 2001 27399 11/29/01 005195 STANDARD CONCRETE PRODU 27400 11/29/01 010158 STEVENS-GARLAND ASSOCIA CONCRETE PURCHASE/NOV 2001 DISCOUNT'OFFERED •DISCOUNT TAKEN CITY TRAFFIC ENGINEERING SERV. 27401 11/29/01 009099 STEWARD JACKSON SPRINKL BACKFLOW TESTING & REPAIR BACKFLOW TESTING & REPAIR 27402 11/29/01 009198 STONEBRIDGE PRODUCTIONS ENTERTAINMENT/NEW YEARS EVE 27403 11/29/01 006943 BARBARA LEE SMITE 27404 11/29/01 010529 RUSSELL TINGLEY, 27405 11/29/01 011254 TOSHIBA 2001 ASSESSMENT REBATE PER DIEM FAX MACHINE & HANDSET JI ACCOUNT NUMBER 715-2101-4310 715-2201-4310 715-4201-4310 715-4202-4310 715-3302-4310 715-3104-4310 715-4601-4310 715-2601-4310 715-3102-4310 001-1250 715-4206-5402 715-2101-5403 001-1203-4320 715-2101-4311 001-3104-4201 105-3105 • 001-1132-4201 001-2101-4317 001-2101-4317 001-2101-4201 • 110-3302 110-3302 001-2101-4201 001-3104-4309 001-2021 001-2022 001-3104-4201 001-6101-4201 105-2601-4201 109-3301-4319 105-3105 001-2201-4317 110-1204-5402 PAGE 3 ITEM CHECK AMOUNT AMOUNT 2,734.49 95.60 115.32 289.55 335.75 272.88 44.21 202.87 92.60 53.66 4,249.17 2,389.95 2,389.95 264.60 264.60 250.00 250.00 838.47 838.47 217.50 217.50 24.61 24.61 3,443.50 3,443.50 35.22 45.00 80.22 97.50 97.50 16,219.00 17,670.00 33,889.00 8,989.92 8,989.92 348.22 4.00 4.00- 348.22 1,620.00 1,620.00 416.50 416.50 833.00 10,000.00 10,000.00 24.61 24.61 135.00 135.00 1,648.56 1,648.56 VOUCHRE2 11/29/01 17:09 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 27406 11/29/01 009364 27407 11/29/01 011209 27408 11/29/01 008207 27409 11/29/01 008097 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TOYS R US MONTVALE REG BOARD GAMES/TEEN PROGRAM UCLA CENTER FOR PREHOSP CONTINUING EDUCATION/NOV 01 UNDERGROUND SERVICE ALE UNDERGROUND SERVICE ALERT/OCT UNION BANK OF CALIFORNI SAFEKEEPING FEES/OCT 2001 27410 11/29/01 010601 US DIARY 27411 11/29/01 000015 VERIZON CALIFORNIA 27412 11/29/01, 011276 2002 MONTHLY PLANNER 2002 MONTHLY PLANNER PHONE BILLING/NOV 2001 PHONE BILLING/NOV 2001 VFIS-EDUCATION & TRAINI REGISTRATION/BUSH REGISTRATION/MARKS 27413 11/29/01 009193 WEST COAST LIGHTING 27414 11/29/01 011219 REPAIRS TO PALM TREES WESTCHESTER MEDICAL GRO EMP PHYSICAUBRUCCOLIERI 27415 11/29/01 011278 HAKAN WIBERG 27416 11/29/01 011217 WORKRITE 27417 11/29/01 001206 ZUMAR INDUSTRIES • WORK GUARANTEE REFUND #2460 20 BOMBER JACKETS WITH HOODS PAPERPRINT FOR SIGNS/NOV 2001 TOTAL CHECKS ACCOUNT NUMBER 001-4601-4308 001-2201-4201 160-3102-4201 001-1141-4201 001-1202-4305 001-1121-4305 001-2101-4304 001-2201-4304 001-2201-4317 001-2201-4317 109-3301-4319 001-1203-4320 001-2110 001-2201-4187 001-3104-4309 ITEM AMOUNT 563.13 1,500.00 65.00 291.67 7.94 7.95 40.84 32.55 199.00 499.00 180.00 500.00 5,000.00 7,358.90 162.00 PAGE 4 CHECK AMOUNT 563.13 1,500.00 65.00 291.67 15.89 73.39 698.00 180.00 500.00 5,000.00 7,358.90 162.00 154,307.87 VOUCHRE2 11/29/01 17:09 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 56,186.35 105 LIGHTG/LANDSCAPG DIST FUND 4,310.47 109 DOWNTOWN ENHANCEMENT FUND 11,617.15 110 PARKING FUND 35,767.37 160 SEWER FUND 65.00 705 INSURANCE FUND 34,240.08 715 EQUIPMENT REPLACEMENT FUND 12,121.45 TOTAL 154,307.87 13 PAGE 5 VOUCHRE2 12/05/01 09:43 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS' PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE. NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 27418 12/05/01 000243 HERMOSA BEACH PAYROLL A PAYROLL/11-16 TO 11-30-01 001-1103 378,178.09 PAYROLL/11-16 TO 11-30-01 105-1103 13,714.97 PAYROLL/11-16 TO 11-30-01 109-1103 2,455.43 PAYROLL/11-16 TO 11-30-01 110-1103 43,276.24 PAYROLL/11-16 TO 11-30-01 117-1103 1,010.78 PAYROLL/11-16 TO 11-30-01 140-1103 441.28 PAYROLL/11-16 TO 11-30-01 145-1103 1,076.14 PAYROLL/11-16 TO 11-30-01 150-1103 113.64 PAYROLL/11-16 TO 11-30-01 152-1103 40.31 PAYROLL/11-16 TO 11-30-01 160-1103 13,878.73 PAYROLL/11-16 TO 11-30-01 301-1103 3,005.20 PAYROLL/11-16 TO 11-30-01 705-1103 6,960.61 PAYROLL/11-16 TO 11-30-01 715-1103 9,795.26 473,946.68 TOTAL CHECKS 473,946.68 'Ll VOUCHRE2 CITY OF HERMOSA BEACH 12/05/01 09:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 378,178.09 105 LIGHTG/LANDSCAPG DIST FUND 13,714.97 109 DOWNTOWN ENHANCEMENT FUND 2,455.43 110 PARKING FUND 43,276.24 117 AB939 FUND 1,010.78 140 COMMUNITY DEV BLOCK GRANT 441.28 145 PROPOSITION 'A FUND 1,076.14 150 GRANTS FUND 113.64 152 AIR QUALITY MGMT DIST FUND 40.31 160 SEWER FUND 13,878.73 301 CAPITAL IMPROVEMENT FUND 3,005.20 705 INSURANCE FUND 6,960.61 715 EQUIPMENT REPLACEMENT FUND 9,795.26 TOTAL 473,946.68 I� PAGE 2 VOUCHRE2 12/05/01 09:43 . CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS CLAIMS VOUCHER APPROVAL I HEREBY CERTIFY THAT THE DEMANDS OR CLAIMS COVERED BY THE CHECKS LISTED ON PAGES _ TO _ INCLUSIVE, OF THE VOUCHER REGISTER FOR ARE ACCURATE, FUNDS ARE AVAILABLE FOR PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET. BY FINANCE DIRECTOR DATE PAGE 3 December 6, 2001 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 11, 2001 TENTATIVE FUTURE AGENDA ITEMS NO MEETING Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of December 4, 2001 Recommendation to receive and file action minutes from the Public Works Commission meeting of December 19, 2001 November Activity Reports Community Resources Director Public Works Director All Departments Recommendation to receive and file action minutes from the Planning Commission meeting of January 15, 2002 Community Development Director Text Amendment to Section 17.46.130 -- Walls, fences and hedges in residential, commercial and manufacturing zones (Continued from meeting of 10/23/01) December Activity Reports Community Development Director All Departments AGENDA PLANNING COMMISSION MEETING CITY OF HERMOSA BEACH HERMOSA VALLEY SCHOOL, MILTI-PURPOSE ROOM 1645 VALLEY DRIVE HERMOSA BEACH, CA 90254 December 5, 2001 7:00 P.M. Sam Perrotti Chairman Ron Pizer Vice Chair Peter Hoffman Peter Tucker Langley Kersenboom 1. Pledge of Allegiance 2. Roll Call CHAIRMAN PERROTTI ABSENT. Section I Consent Calendar Any Planning Commissioner or public wishing to pull an item from below may request to do so at this time. 3. Approval of November 20, 2001 minutes ACTION: APPROVED (4-0). 4. Resolution(s) for adoption a. Resolution P.C. 01-36 approving a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 26490 for a two -unit condominium project at 415 Hopkins Avenue. ACTION: APPROVED (4-0). 5. Item(s) for consideration a. Resolution P.C. 01-32 approving a Conditional Use Permit to allow outdoor seating in conjunction with a coffee house/snack shop at 1225 Hermosa Avenue (continued from November 20, 2001 meeting). ACTION: APPROVED (4-0). 2d Section II Oral / Written Communications 6. Anyone wishing to address the Commission regarding a matter not related to a public hearing on the agenda may do so at this time. NONE Section III Public Hearing(s) 7. PDP 01-10 — Planned Development Plan/Precise Development Plan No. 01-10 and Final Environmental Impact Report, 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 (continued from Nov. 20, 2001 meeting). Staff Recommended Action: To recommend approval of said request. ACTION: APPROVED WITH PROPOSED CHANGE TO ONE LANDING SITE (4-0). 8. VAR 01-3 — Variance to parking and setback requirements to allow a 750 square foot second story addition to a dwelling with one parking space and a less than three foot side yard setback at 55 5th Court (continued from October 16 and November 20, 2001 meetings). Staff Recommended Action: To direct staff as deemed appropriate. ACTION: APPROVED (3-1, COMM.HOFFMAN NO). 9. CON 01-14/PDP 01-17 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 26483 for a two -unit condominium conversion project at 1015 & 1017 17th Street (continued from October 16 and November 20, 2001 meetings). Staff Recommended Action: To direct staff as deemed appropriate. ACTION: APPROVED (4-0). 10. CUP 01-6 — Conditional Use Permit to allow on -sale alcohol in the guest rooms (mini - bars) and in the banquet rooms in conjunction with events for hotel guests at the Beach House Hotel at 1300 The Strand. Staff Recommended Action: To approve said request. ACTION: APPROVED (4-0). Section IV Hearing(s) 11. NR 01-4 -- Remodel and addition to an existing single family dwelling nonconforming to parking setback and guest parking resulting in a greater than 50% increase in valuation at 608 1st Street_ Staff Recommended Action: To continue to January 15, 2002 meeting. ACTION: CONTINUED TO JANUARY 15, 2002 MEETING (4-0). • • 12. TEXT 01-7 -- Sign ordinance study on current prohibition of sidewalk signs (continued from September 18, October 16 and November 20, 2001 meetings). Staff Recommended Action: To forward to Public Works Commission for review and comments before setting for public hearing. ACTION: AGENDIZE FOR PLANNING COMMISSION/PUBLIC WORKS COMMISSION JOINT MEETNG. Section V 13. Staff Items a. Memorandum regarding modification to approved plans at 228 Ardmore Avenue for a two -unit condominium. ACTION: DETERMINATION MADE THAT THE REVISION IS A MINOR CHANGE (4-0). b. Tentative future Planning Commission agenda. c. Community Development Department Activity Report of October, 2001. ACTION: RECEIVED AND FILED THE ABOVE 13B -C. 14. Commissioner Items 15. Adjournment 3 • /,////cy December 3, 2001 Honorable Mayor and Members For the City Council Meeting of the City Council of December 11, 2001 ACCEPTANCE OF DONATIONS Recommended Action: It is recommended that the City Council accept donations received by the City to be used as follows: Hermosa Beach Kiwanis Foundation Women's Club of Hermosa Beach Vivian L. Hoffman LR spectfully submitted: ykdcivt} Valerie Mohler Accounting Supervisor c: \donation 2000.doc 250.00 To be used for the tree lighting ceremony 300.00 To be used for the Halloween Howl Activity, the tree lighting ceremony and the Sand Snowman Contest. 100.00 To be used for Fire Department training program. Concur: Viki Copeland Finance Director Stephen Burrell City Manager November 26, 2001 Regular Meeting December 11, 2001 Mayor and Members of the City Council RECEIVE AND FILE LIST OF REGULAR AND ONGOING CITY BOARD, COMMISSION AND COMMITTEE APPOINTIVE TERMS WHICH WILL EXPIRE DURING THE 2002 CALENDAR YEAR Recommendation: It is recommended that the City Council receive and file the attached list, prepared for posting by the City Clerk pursuant to State law, of all regular and ongoing Hermosa Beach board, commission and committee appointive terms which will expire during the 2002 calendar year. Background: Government Code Section 54972 requires, on or before December 31 of each year, the preparation and posting of a Local Appointments List of all regular and ongoing boards, commissions and committees whose members are appointed by the City Council. The list must contain pertinent information on all appointive terms that will expire during the next calendar year, as well as information on the boards, commissions and committees whose members serve strictly at the pleasure of the City Council, without set terms (i.e., Board of Appeals). Pursuant to State law, I have prepared the attached list, which identifies three term expirations in 2002 (one Civil Service Board term ends July 15 and two Public Works Commission terms end October 31). As required by State law, the list will be posted tomorrow in the City Clerk's office and the public library for public viewing purposes. It will also be posted in the outdoor display case at City Hall where agendas and other notices are typically posted. Noted: Stephen'6rell, ity Manager Elaine Doerfling, City 2f • • CITY OF HERMOSA BEACH LOCAL APPOINTMENTS LIST In accordance with Government Code Section 54972 (Maddy Act) dealing with open lists of local appointive positions, the following is: 1. A list of all appointive terms which will expire during the 2002 calendar year, with the names of the incumbent appointees, their dates of appointment, the date each term expires, and the necessary qualifications for each position; and 2. A list of all boards, commissions and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position. COMMISSION INCUMBENT APPOINTEES APPT. TERM DATE EXPIRES QUALIFICATIONS CIVIL John Wisdom 07-14-98 SERVICE BOARD 4 -yr. terms, no term limit 07-15-02 Qualified Elector of the City (see HBMC 2.76) PUBLIC WORKS COMMISSION 4 -yr. terms, no term Brian C. Koch 09-12-00 Victor Winnek 09-26-00 limit 10-31-02 Qualified Elector of 10-31-02 the City (see HBMC 2.80) BOARD OF APPEALS (Serve at the pleasure of Council - qualified to act on building construction matters - U.B.C. - See HBMC 15.04.020) David Garrett,. Robert Lininger, Mike Ludwig, D.B. (Bud) Murry, Larry Peha ELAINE DOERFLING City Clerk Dated: 12-12-01 Honorable Mayor and Members of the Hermosa Beach City Council . November 27, 2001 Regular Meeting of December 11, 2001 PROJECT NO. CIP 01-168 MANHATTAN AVENUE STREET IMPROVEMENTS APPROVE SUPPLEMENTAL AGREEMENT FOR ADDITIONAL STREET WORK Recommendation: It is recommended that the City Council 1. Approve the attached Supplemental Agreement No.1 between the City and the contractor, Damon Construction, for $19,475.00; 2. Authorize the City Manager and the Director of Public Works/City Engineer to execute the Supplemental Agreement No.1; and 3. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $2,000.00. Summary: Staff requests that City Council approve the Supplemental Agreement No. 1 between the City and Damon Construction in the amount of $19,475 plus a contingency of $2,000 for the improvement of 24th Street between Valley Drive and Power Street. In Fiscal Year 2000-01, Project No. Non-CIP 003-99 24th Street Improvements was designed and sent out for bids. However, the residents objected to the design since it proposed a concrete swale in the center of the roadway, making the street look like an "alley". Council directed Staff to find an alternate way to improve the street. Staff met with the residents and reviewed improvement possibilities. Staff has conducted field engineering and plans to improve the street by adjusting the grade of the roadway to mitigate the drainage problems. This will be done without the benefit of plans and specifications. Background: On September 12, 2001, City Council approved the construction contract for Project No. CIP 01-168 Manhattan Avenue Street Improvements — Manhattan Avenue from 27th_ to the north city limit and Greenwich Village from 26th Street to 27th Street — with Damon Construction based on their bid amount of $456,600. 2g • • Since the proposed work for 24th Street is similar to Project No. CIP 01-168, Staff requests that Damon be allowed to improve 24th Street and forgo the bidding process to expedite the construction. The proposed improvements on 24th Street consist of removing the deteriorated pavement and' constructing the curb and gutter, raising the utility boxes to grade, and reconstructing the pavement. Fiscal Impact: The Street Maintenance Budget (001-3104-4201) in the amount of $36,114 has been re - appropriated in FY 01-02 for the improvement of 24th Street. Therefore, no additional appropriation is necessary at this time. Attachment: Supplement Agreement No.1 Respectfully submitted, nneth Kim Assistant Engineer Noted for fiscal impact: Viki Copeland, Finance Director Concur: /Harold C. Williams, P.E. Director of Public Works/City Engineer Concur: Step .r-'' R. = rrell City Manager F:\B95\PWFILES\CCITEMS\01-168 supplemental agreement 12-11-01.doc -2 r r • SUPPLEMENTAL AGREEMENT NO. 1 City of Hermosa Beach Department of Public Works Date: 11-27-01 Project Title: Manhattan Avenue Street Improvements The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file at the office of the Director of Public Works/City Engineer. You are hereby directed to make the herein -described changes to the plans and specifications. Note: This supplemental agreement is not effective until approved by Owner, or until an authorized Field Order is executed. Show as separate numbered paragraphs: (1) Reason for change; (2) Description of change; (3) Change incontract cost; (4) Extension of contract, if warranted; Project No.: CIP NO. 01-168 (1) Reason for change: To expedite construction, the City has requested that the contractor working on Manhattan Avenue Street Improvements Project re -construct 24th Street between Power Street and Valley Boulevard. (2) Description of change: The work consists of removing the deteriorated pavement and re -constructing the pavement, constructing curb and gutter, and raising utility boxes to grade. (3) Change in contract cost: A) Remove & replace 24" gutter @ $25.00/LF (15LF) = $375.00 B) Remove & replace AC & base @ $10.00/SF (400SF) = $4,000.00 C) Cold mill — lump sum @ $4,500.00 D) 2" min. AC resurfacing - lump sum @ $6,600.00 E) Mobilization & traffic control —.lump sum ® $1,500.00 F) Survey — lump sum @ $1,100.00 G) Adjust manholes/valves @ $300.00/EA (3 EA) = $900.00 H) Adjust drain inlet grate @ $ 500.00/EA (1 EA) = $500.00 Total Cost = $19,475 (4) Extension of Contract, if warranted: 5 Working Days This supplemental agreement constitutes full and complete compensation for all labor, equipment, materials, overhead, profit, any and all indirect costs, and time adjustment to perform the above described changes. All other costs are non -compensable. The specifications, where pertinent, shall apply to all changes. TOTAL CHANGE TO CONTRACT PRICE Add $19,475.00 REVISED CONTRACT TOTAL $467,075.00 CHANGE TO CONTRACT TIME 5 Working Days Recommended: , 2001 Accepted: , 2001 Authorized: , 2001 Authorized: , 2000 Project Manager Contractor/Damon Construction Director of Public Works/City Engineer City Manager F:\B95\P\VFILES\CIP\01-168 manhattan ave\Supplement Agreement Nol.doc • Honorable Mayor and Members of the Hermosa Beach City Council PROJECT NO. CIP 97-182 MYRTLE AVENUE UNDERGROUNDING AND PROJECT NO. CIP 97-183 LOMA DRIVE UNDERGROUNDING — STATUS REPORT 4?-///&/eber 3, 2001 Regular Meeting of. December 11, 2001 Recommendation: It is recommended that the City Council receive and file this report. Summary: This report covers the progress made to date in the two utility undergrounding districts. Edison has responded to Staffs request for plans and associated costs for removing or replacing the guy pole at the corner of 25th Street and Silverstrand Avenue in the Myrtle District. Staff is in the process of reviewing the proposed plans by Edison. Other than that, no other work remains to be done in the Myrtle District. In the Loma District, Verizon has almost completed its work in the area, while Adelphia's work has been delayed for a number of reasons. As it stands now, Verizon expects to finish its cut over operations by Mid -December while Adelphia.anticipates completing work in the district by the end of December. Per Staff request Edison has provided City with the costs of relocating the utility pole at the corner of 11th Street and Loma Drive that was to remain within the Loma District, Edison crew also returned to the City in November for three days to install a pole on the corner of 6th Street and Cypress in order to facilitate the completion of Verizon work in the area. As you knoii, Edison does not plan to return to the district until both Verizon and Adelphia have finished all their work. This will delay the project by at least three months. Staff, therefore, expects the Loma District to be completed by mid-March 2002. Work Completed: The substructure installation of ducts for electricity, telephone and cable has been completed per the original design plans. The placement of vaults, pull boxes, hand -holes arid laterals to residents, as indicated in the initially drawn plans, have also been completed. Pavement repairs, striping, and final clean up of the reconstructed areas within the districts have been completed as well. The City has accepted' the work by Irish Construction Company for both projects. • All utilities in the Myrtle District have been undergrounded. All the utility poles within the Myrtle District have been removed. The installation of primary and secondary Edison wires on the public right-of-wa within the Loma District has been completed. Edison has set up a new pole on the corner of 6th Street and Cypress Avenue. 2h • • With the exception of three locations, Verizon has completed the installation of required pull boxes next to the properties whose cable services have already been undergrounded but are still fed from the risers on nearby poles. Even though Adelphia has been required to install cable vaults at all properties, construction has been delayed due to a number of reasons. Among them is that the .crew assigned by Adelphia to perform such work is the same crew taking emergency calls for the entire South Bay area, Teaks have been found and fixed in the cable underground system set by their owncrew, the company has classified the project as 'very low priority', the crew has been engaged in other City projects per Staff calls, and holidays plus unexpected rainy days have also caused more delays. Verizon has completed hooking up properties on Sunset Drive and all properties on Loma Drive from Pier Avenue to 8th Street. AH associated overhead wires from these properties to the street have been removed. Adelphia has activated its underground system, completed installation of their four vault nodes and hooked up properties on Sunset Drive from Pier Avenue to 10th Street. The overhead wires for those properties, however, have not been removed. Work in Progress: Verizon is completing their cut over work in the Loma District. They are also installing the last three pull boxes for the buildings with underground services but without any connection pathways to the district underground system. Adelphia has activated its underground system. They are installing the required vaults at a number of locations within the district. Even though requested by Staff, Adelphia had not included their construction designs in the original plans compiled by the Staff, and therefore they have become responsible for any required construction within the district. Edison has provided the City with the cost of removing the utility pole from the corner of 11t Street and Loma Drive in the Loma District. They have also submitted the plans and associated costs for relocating or removing the guy pole at the corner of 25th Street and Silverstrand Avenue in the Myrtle District. Both poles are within the two districts but were going to remain per the original Edison design plans. Staff is now reviewing these plans to make the final decision before Edison returns to City. Work Remaining: Verizon and Adelphia need to complete their conversions in the Loma District. Staff has yet to make a decision with regard to Edison's plans for removal or relocation of the utility pole at the corner of Loma Drive and 11th Street and the guy pole located next to the School at the corner of 25th Street and Silverstrand Avenue. Edison has to return to the Loma District to complete their conversion work and remove all the poles in the area. Conclusions: Staff believes that the Loma District is now at a stage that Edison can resume their work in the area without waiting for the other two utilities to complete their work. The cable and telephone 2 • main overhead wires will soon be removed as Verizon and Adelphia complete their cut over operations. Edison will need at least a month before it reaches the activation stage and hooking up the individual properties to the new underground system. People in the district have observed the degree of progress but have also inquired as to why Edison is absent from the district. Respectfully submitted, Harold C. Williams, P.E. Concur: r Stephen fel.' rrell Director of Public Works/City Engineer City Manager F:\B95\PWFILES\CCITEMS\97-182, 97-183 Status Report 12-11-01.doc December 6, 2001 Honorable Mayor and Members of The Hermosa Beach City Council /i/D City Council Meeting of December 11, 2001 Adoption of a Resolution Regarding Veteran's Preference Program for Open Competitive Civil Service Examinations Recommendation Staff recommends that the City Council adopt the attached resolution establishing a Veteran's Preference Program for civil service examinations. Background The State of California adopted legislation requiring all city agencies, by January 1, 2002, with established civil service systems, to either implement a veteran's preference system, giving preference to a veteran over other equally qualified applicants, or adopt a resolution identifying the reasons that it does not implement such a system. Analysis The draft resolution attached establishes a Veteran's Preference Program for all open competitive employment examinations. This program would not apply to promotional exams that are limited to current employees only. Applicants who meet the minimum qualifications for the position, have achieved a passing score at the completion of all components of the exam process, andmeet the definition of "veteran" as stated in Section 18973 of the California Govemment Code would then receive an additional three (3) points to their final score. Under the Government Code, a veteran would qualify for preference points if he or she served for 181 consecutive days of active military service in any branch of the military during the following periods and who are honorably discharged: December 1941 through December 1946 (World War 11), June 1950 through January 1955 (Korean War), January 1964 through May 1975 (Vietnam War), and August 1990 through April 1991 (Persian Gulf War). The current military action would also meet the definition. The spouse of a disabled veteran would also qualify for the veteran's preference points. In the alternative, the City Council may adopt the other draft resolution attached that outlines reasons why it may not want to establish a veteran's preference program. Potential reasons are identified in the resolution and include: the City feels that the established civil service system for examinations creates a "level playing field" and provides equal employment opportunities for all. The system was created to establish eligibility for potential employment based on merit and performance in a job-related 2j examination process. As stated above, the establishment of a veteran's preference system is not required under the regulation. Respectfully Submitted: chael Earl Personnel & Risk Management Director Concur: S =phen Burrell City Manager s DRAFT RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A VETERAN'S PREFERENCE PROGRAM FOR CIVIL SERVICE EMPLOYMENT EXAMINATIONS. WHEREAS, the State of California has enacted legislation requiring local governments with established civil service employment systems to implement a veteran's preference program or adopt a resolution identifying reasons why it does not implement such a system, and WHEREAS, the intent of the state legislation to further the public policy embodied in Section 6 of Article VII of the California Constitution to promote veteran's preference, to the extent possible, and WHEREAS, there is nothing in the act construed to require a City to establish such a system, and WHEREAS, the City of Hermosa Beach desires to establish a veteran's preference system. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AS FOLLOWS: SECTION 1. In all open competitive employment examinations conducted pursuant to the City's Personnel Rules and Regulations, qualifying veteran's shall be credited with three percentage points added to their final score achieved in the examination process. SECTION 2. The term "veteran" shall have the same meaning as in Section 18973 of the California Government Code. SECTION 3. Veteran's preference points shall also be provided to spouses of veterans who are determined to be 100% disabled as defined in Section 18973 of the California Government Code. SECTION 4. Proof of service and eligibility shall be provided to and determined by to the Personnel Director. SECTION 5. This resolution shall take effect January 1, 2002. PASSED APPROVED and ADOPTED this 11th day of December, 2001 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM City Clerk City Attorney DRAFT RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IDENTIFYING REASONS FOR NOT IMPLEMENTING A VETERAN'S PREFERENCE SYSTEM. • WHEREAS, the State of California has enacted legislation requiring local governments with established civil service employment systems to implement a veteran's preference program or adopt a resolution identifying reasons why it does not implement such a system, and WHEREAS, there is nothing in the act construed to require a City to establish such a system, and WHEREAS, the City of Hermosa Beach desires not to establish a veteran's preference system. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AS FOLLOWS: SECTION 1. The City has an . existing civil service examination process established that provides objective evaluation of candidates' qualifications for employment based on performance in job-related examination processes. SECTION 2. The City's established civil service system provides for equal employment opportunities for all qualified applicants. SECTION 3. This resolution shall take effect January 1, 2002. PASSED APPROVED and ADOPTED this 11th day of December, 2001 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM City Clerk City Attorney %.)///�% December 5, 2001 Honorable Mayor and Members of Regular Meeting of The Hermosa Beach City Council December 11, 2001 RECOMMENDATION TO DENY CLAIM Recommendation: It is recommended that City Council deny the following claim and refer it to the City's Liability Claims Administrator: 1. Claimant: James Qutami Date of Loss: 11-24-01 Date Filed: 11-28-01 Allegation: Damage to car A copy of this claim is on file in the City Clerk's office. Respectfully Submitted, Concur: Michael A. Earl, Director Personnel & Risk Management Stephen R. Burrell City Manager 2k The amount claimed, as of the date presentation of this claim, is computed as follows: (please attach e PLEASE REMEMBER TO SIGN CLAIM FORM daimfrm.doc = t'a. • CITY OF HERMOSA BEACH 40 ;o�;4 CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY • FILE WITH: City Clerk's Office City of Hermosa Beach 1315 Valley Drive RESERVE FOR FILING STAMP DEPT. NO. Hermosa Beach, CA 90254 K'~ INSTRUCTIONSrtet 1 . Claims for death, injury to person or to personal property must be fiied not later than six months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2)car{CLERK 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. r r.itt:. ! .4 �f '� ' ' ` NOV 2 8 2001 `- S C(TYOFHfrosAbEkCH O 5. This claim form must be signed on page 2 at bottom. Attach if to full details. W 6. separate sheets, necessary, give Name of Claimant P (1/1I S C UT -MAI Date Of Birth Of Claimant —IS --7) Home Address Of Claimant aErcr'si >3l itg ajC..i�b g 3 Li X41_ k t1 -ti PLgcE %o3..�y Occupation of Claimant L//-/T/.u6 /J1,G,5" --off Business Address of Claimant S ik trh t. Home Telephone Number (3 !o) y ag — 3043 Give address and telephone number to which you desire notices or communications to be sent regarding this daim. Business Telephone Number ��r� C� q00-9-) eYr,,,oS� ,c69, Claimant's SocialSecurity Security No. -6.7--X4/ Date of Damage/Loss/Injury ( ! - a,�-1 - 0 1 Time 1+:00 ) - A.M. P.M. 1I °QCT Place of Damage/Loss/Injury 9 ss IS-rk e l llocc. IA . Q. ck How did damage/loss/injury occur? (Be specific) A! Pi UM 'r12 -EE F ALL O iv my V Irs t(i c L, b ua- 6 cL� --IE�`.-oR>M. R.Es,oE:..,-t yI,s THr'c,T-- GO, s TO'fmo►,j TAEl-rr�_, Saes Si+IC tS0 u�r Were Police at scene? Yes Were Paramedics at scene? Yes ❑ ■ No No -tE{rp�- RLA'� " �� �c isr� IS o -� What particular act or omission do you daim caused the damage/loss/injury.Pn° pis t' T , " Q i s cte to-,.�.c otAE&_ 2< 0 c o JJE-v Fi iP t31 w> v --6G � , o� C (--1 e,.-hlosb 4„ n -1-1-1-e"r2eS{c9 &✓�, Firs- PE-MCSO 0 . Name of City emptoyee( P1; r 1 ?-kt r'z. A ii,g-/z-r 6N.,c& L 7'lkg 7x.58./ 11JO i-tkiS pi c rua �5 The amount claimed, as of the date presentation of this claim, is computed as follows: (please attach e PLEASE REMEMBER TO SIGN CLAIM FORM daimfrm.doc .1 • Damages incurred to date (exact): Expenses for medical and hospital care $ Loss of earnings $ Special damages for $ General damages $ Total damages incurred to date S Estimated expenses for medical and hospital care Future expenses for medical and hospital care Future loss of earnings $ Other prospective special damages $ Prospective general damages Total estimate prospective $ 060,00 damages i WITNESSES to DAMAGE or INJURY: LIST ALL PERSONS and addresses of persons known to have information: Name c7.E-erhk) Address ! 3Lt V ' IF1bC G Phone -31d —477 cR 4da41 Name m (C(-{Eibt FLA1-1Ccrf Address /3/S (Acc,/sry- O2- Phone 310 3I =03'.S Name Address Phone DOCTORS and HOSPITALS: Hospital Doctor Doctor Address Date Hospitalized Address Date of Treatment Address Date of Treatment READ CAREFULLY when you first saw City vehicle; location of City vehicle at time of accident by A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by X. NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X' and showing house number or distances to street corners. If City vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle Sign - re of claimant or • - • • • on his behalf givin. lations.'• • • T ed Name: 1NILS 6451-01 Date: /0 —a6-0) PLEASE REMEMBER TO SIGN CLAIM FORM claimfrm.doc Honorable Mayor and Members of the Hermosa Beach City Council SUBJECT: APPLICANT: REQUESTS: Plannin December 6, 2001 Regular Meeting of December 11, 2001 PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN (PDP) TO CONSTRUCT A SUBMARINE FIBER OPTIC CABLE SYSTEM LOCATED AT THE BEACH AND ON CITY OWNED PROPERTY. TYCOM NETWORKS (US) INC. 10 PARK AVENUE MORRISTOWN, NJ 07960 PLANNED DEVELOPMENT PERMIT/PRECISE D NO. 01-10 AND FINAL, ENVIRON EVELOPMENT PLAN Commission Recommendation: Adopt the attached Resolutions: • Certifying the Final Environmental Impact Report, and adoptinga Program, as amended,. Findings and Facts in Support of Findings Overriding Considerations relating to air quality Mitigation Monitoring and a Statement of • ' Approving the Planned Development Permit/Precise Developmentment No. )� conditions; Plan No. 01-10 with • Finding the lease agreement for TyCom's use of Cityo the City's General Plan (Attachment No. 2); and caned property is consistent with • Approving the Easement Agreement ("The Lease" will be provided p ded under separate Backeround:_ In April of 2001, TyCom Networks Inc. submitted Development _ a Planned Development Permit/Precise Development fiber Plan (PDb cables .n the 10)matone the City of Hermosa Beach to install and landings on the City beach, one at Longfellow Avenue and one at Secondoperate waters under the City's jurisdiction and to install two proposal included the installation of underground fiber optic cables on the Street. In addition, the City public rights-of-way and on the sea floor beyond the Ci land within existing application was deemed complete in June 2001. ity's jurisdiction. TyCom's Public Participation Process The Planned Development Permit/Precise Development process included opportunitiesP Plan and Environmental Impact Report of Preparation to esponsible agencies, active review and comment, including circulation of a Notice groups with potential interests the environmental impacts of the project. They concurred and interested Committee met top consider that an EIR is appropriate and MENTAL IMPACT REPORT • warranted. On July 12, 2001, the Community Development Department conducted a public scoping meeting to accept comments on the scope of the EIR. Approximately 25 people attended that meeting. The City also notified all responsible county, state and federal agencies, plus non- profit organizations, adjacent cities and interested individuals. The comments received from the Draft Environmental Impact report are included in the Response to Comments section of the Final EIR (Attachment No. 4). In addition, the project has been presented to the Public Works and Parks and Recreation Commissions at their duly noticed meetings. No public opposition to the project was received. A neighborhood meeting was held on October 24, 2001, to obtain input from those residents near the proposed staging areas. Approximately 12 residents attended the meeting and some noted concern or opposition to the project. The Planning Commission public hearing was advertised and a bulk mailing notifying all residents of the City of the public hearing dates for both Planning Commission and City Council was mailed out on November 8, 2001. The City and TyCom have tried to be responsive to the concerns and issues raised throughout this process. To date, no formal written opposition has been received from residents. The Planning Commission also held two public hearings on the project prior to taking final action on December 5, 2001. On December 5, 2001, the Planning Commission voted 4 to 0 to recommend approval of the project. Permit Authority The City's beach and greenbelt have a General Plan designation of "Open Space", and the greenbelt is zoned "OS -1, Restricted Open Space". There is no zoning designation for the beach or the public rights-of-way. The City Attorney has advised that TyCom's proposed fiber optic cable system is analogous to a public utility facility and is regulated by federal statutes. Public utilities and public utility corridors are permitted on the beach, in the ocean and in the greenbelt, subject to approval of a Planned Development Permit/Precise Development Plan and a lease agreement for use of City owned property. Following the first of two Planning Commission public hearings on November 20, 2001, TyCom elected to eliminate the Longfellow Avenue landing site from further consideration and use only the Second Street landing site and alignment. This modification reduced the environmental impacts and timeframes associated with the project and is consistent with the City's financial terms for use of City property. TyCom's formal written request to eliminate the Longfellow Avenue landing site was received by the City on November 28, 2001, and is attached (Attachment No. 3). Based on a single landing site at Second Street, the issue of a preferred alignment along the Greenbelt or down Manhattan Avenue has been eliminated from further discussion. At the second public hearing on December 5, 2001, the Planning Commission considered the PDP, the Final Environmental Impact Report (FEIR), which is Attachment No. 4, and whether the lease agreement is consistent with the City's General Plan. If TyCom receives approval from the City Council, the project will then require permit approval by the California Coastal Commission and permits from other applicable state and federal agencies. Construction will commence upon acquisition of all required permits and approvals. According to TyCom, their goal is to be operational by the end of May 2002. Page 2 Project Description The project proposal involves installation of two segments of a submarine fiber optic cable system off the coast of California and within the cities of Hermosa Beach and Redondo Beach to provide additional capacity for global voice and data transmission and global access to planned and existing land-based infrastructure. The two fiber optic cables originate in Japan and will be part of the TyCom's Transpacific ring cable system. Specifically, the proposed project consists of installing two fiber optic cables, each with self-contained power, onto the continental shelf and now landing at only one beach location at Second Street within the City of Hermosa Beach. The fiber optic cables are proposed to be connected to a cable station in Redondo Beach by buried terrestrial fiber optic cables. There will be no aerial (above ground) cables associated with this project. The proposed marine fiber optic cables would follow one of the terrestrial routes as shown in the DEIR on page 1-5 and Figure 1-3. The north cable will ultimately connect to Oregon, then on to Japan. The south cable will ultimately connect to Hawaii and then to Japan, as shown on page 1-3 and Figure 1-1 in the DEIR The project is intended to provide uninterrupted service to the existing land based telecommunication infrastructure for the life of the project, which is approximately 25 years. According to TyCom, the network will help to alleviate capacity restrictions that periodically occur between California and Pacific Rim cities and also allow for the predicted growth of telecommunications traffic, increasing the efficiency for private enterprise within the Los Angeles Basin. Prior to selecting Hermosa Beach as their preferred location, TyCom analyzed other areas along the southern California coastline, plus Mexico. According to TyCom, the City of Hermosa Beach was chosen for the following reasons: • Hermosa Beach is in the LA Basin, which TyCom wants to serve. • The ocean topography and geography of the area avoids sensitive habitat areas. • There are no other existing fiber optic cable systems, major outfalls or other improvements in the immediate area of Hermosa Beach that would conflict with their fiber optic cable system. • The City owns the beach and tidelands, which means TyCom has a more direct and less complicated review and approval process then it would in dealing with the County and the state. • Other adjacent beach cities have not expressed interest in the project. There are a number of other cable systems along the coast of California, including the most recent installation of the Global West cable system in the City of Manhattan Beach. Unlike many other coastal communities, the City of Hermosa Beach actually owns the beach and marine waters as granted in a transfer of trust in 1919. The City may exercise local control of the TyCom project, subject to the provisions of the trust, which requires that revenues received for lease of trust lands, be used to improve them. The City is aware of the rules regarding the trust provisions and will comply with those provisions. The City Council has considered a lease agreement between the City and TyCom for the use of City property. Through the lease, the City would receive compensation from TyCom for the use of City owned property. The City will use Page 3 a portion of the lease revenues from for beach related improvements, such as improvements to the bathrooms, storm drains and for on-going maintenance of the pier and the beach itself. The project has been divided into three segments: terrestrial, shore -end and marine as described in more detail in the Environmental Impact Report (EIR). The staff report highlights the preferred methods of construction and only the Second Street landing site, although the City Council may choose the other options analyzed in the EIR. Terrestrial Segment (Land Section) The terrestrial segment consists of a cable station and the terrestrial fiber-optic cable that connects the cable station to the beach manhole described in the shore -end segment below. TyCom is currently proposing to use an existing building, the Technology Center located at 811 N. Catalina Avenue in Redondo Beach, for the cable station where switching equipment will be housed. The City encouraged TyCom to locate their cable station within the City of Hermosa Beach, but TyCom was unable to secure a site or facility to meet their needs and time frames. The cable station will be connected to the marine fiber-optic cables by terrestrial fiber-optic cables. The terrestrial fiber-optic cables carry no power and are approximately one half-inch in diameter. Three different terrestrial cables will be installed within the conduit system and extend from the beach manhole to the cable station. The first cable is a light guided fiber optic cable used to transmit voice and data communications throughout the system. The second cable is an insulated copper power cable used to transmit power from the cable station to the marine cable. The third cable is an insulated copper cable used to ground the switching equipment in the cable station to the ocean ground bed at the beach. There will be no aerial (above ground) cables associated with this project. Diagrams and discussion of these improvements begin on page 2-6 of the EIR. Shore -End Segment (Beach Section) Direct Landing: Two Cables At One Location (Second Street) This section describes TyCom's latest proposal of directly landing both cables at one location (Second Street). The direct landing will consist of landing both cables into one trench across the beach. The alignment for a single landing site at Second Street is described in the Draft EIR. According to TyCom, their project objectives will be satisfied with a single landing site. TyCom acknowledges that some route diversity will be sacrificed by landing both cables at a single cable landing point, from the manhole at Second Street seaward to just beyond three nautical miles. They indicated that risks to cables have been reevaluated in this area and they are agreeable to installing both cable segments within a shared landing point at Second Street. TyCom does not view this change as being significant in terms of network security. TyCom has indicated they may be able to lease cable capacity from existing carriers to address their system redundancy concerns. This description also discusses the landing operations on the beach and through the surf zone. Project activities at the beach manhole, along the terrestrial OSP route are the same as the proposed project. The steps in the direct landing process are described below and a timeframe for the activities is shown in Attachment No. 5. Page 4 • Staging Area Establishment Prior to the cable ship's arrival in the area, the staging area will be established on the beach. The staging area will measure approximately one hundred feet (100') wide and will extend from near the Strand wall to near the mean high -tide line. Minimum buffers of twenty five feet (25') will be maintained on both the Strand side and the water side of the staging area. During the actual cable pulling access around the ocean side of the staging area will not be possible due to the construction activity. A winch will be placed in the staging area and prepared for use in the cable landing process. Approximately six to ten deliveries of supplies and equipment to the staging area will be necessary. Trenching Across Beach In advance of the scheduled cable landing operations, and after the staging area is established, a trench will be excavated across the beach using an excavator. Due to surf and landing conditions at the time of construction, a portion of the trench may need to be excavated after the cables are landed. The trench will be approximately 3 meters deep. A 2:1 slope will require the width of the trench at the top to approach forty feet (40') wide. Safety barricades and watchmen are used at all times while the trench is being dug and is open. Cable Landings After the trench has been excavated across the beach, and the cable ship arrives on station approximately 3/4 miles off -shore, the cable pulling operation can commence. A small support vessel will haul the marine fiber optic cable to a point just offshore of the surf zone. At this point a wire feed from the beach winch will be attached to the cable for pulling. The winch will pull the cable ashore while the cable ship simultaneously pays -out submarine cable at the same rate. The crew of the cable ship will apply floats to the submarine cable at approximately three to five meter spacings. This will allow the cable to float ashore. The pulling continues until the cable end reaches the pulling winch. The cable will then be back -fed to the beach manhole that will be installed in the public road right-of-way. This process will then be followed for the second cable. Cable Slack Management When the marine cables are pulled into the beach manhole, a minimum of ten meters of slack will be left in the manhole. This would allow the cable to pay out of the manhole if ocean events make it necessary. The landing operations have pre -configured sufficient cable slack to allow the cable to self bury in the shifting seafloor. Cable Protection & Trench Backfilling After the cables are installed into the trench and back -fed into the beach manhole, cast iron split pipe protection is applied from the beach manhole towards the sea. After the protection is completed on the beach, the cable is secured down in the trench and buried. No split pipe will be applied seaward of the Mean Low Water mark. After the split pipe is applied to both cables, and final trenching activities on the beach are completed, the trench will be backfilled. The sand will be placed back into the trench in lifts with the proper moisture content to ensure proper compaction. Page 5 Restoration Beach restoration normally can be completed in one day. The original beach contours will be reestablished and the sand will be graded. All tools and excavation equipment and any debris or evidence of construction activities will be removed from the site. All public safety notices and barriers will be removed and the site will be re -opened to the public. Post Lay Burial of Marine Cable Once the marine cable is landed, the buoys applied to the cables during cable pulling, can be removed and the cable allowed to settle to the bottom. This cable will then be buried using post lay burial methods. Post lay burial methods include diver assisted jetting tools, jet sled jetting, tracked trencher or diver -assisted air or water lift tools. In the surf zone, where target cable burial depth is two meters, a jet sled or tracked trencher will most likely be the tool used to achieve the burial. Beyond the surf zone, where target burial depths are one meter, diver assisted jet burial will likely be the method used. These methods are detailed in the EIR. Beach Equipment & Supplies The equipment required on the beach to conduct this operation includes a winch and excavator. This equipment for pulling cable will be identical to that described in the primary project description. The articulated split pipe consists of individual cast iron pieces that encase the submarine fiber optic cable to provide additional protection to the cable. This split pipe is delivered to the beach in pallet size crates. Eight to ten crates will support approximately 600 horizontal feet (2 cables x 300 feet) of split pipe protection. This typical installation procedure will also require toolboxes containing all tools and rigging gear necessary to support the operation. These miscellaneous boxes (typically gangboxes 5 feet wide x 3 feet deep x 4 feet high) need to be accessible during the operations and can easily be removed when installation is complete. The total amount of space for the operation, including staging, will be approximately 50,000 square feet. Marine Segment (Ocean Section) The marine segment of the project lies westerly of the point where the water depth reaches 30 meters. The marine operations will consist of burying the marine fiber-optic cable beneath the ocean floor along its predetermined course. The fiber-optic marine cables proposed for installation are armored; that is, protected by one or more rings of galvanized wires and encased in a pine tar - soaked nylon. The cables will be buried, wherever practicable using reasonable endeavors, as found acceptable by permitting agencies, from the 30 -meter marine depth, westerly out to a typical water depth of 1,800 meters. From that point, the cables will be laid directly on the sea floor toward their destinations in Oregon and Hawaii. Under the alternatives recommended by staff, the two• cables would be separated within the ocean to provide security for the system, but would be joined at the cable landing at Second Street. The California Coastal Commission and Army Corps of Engineers also have jurisdiction beyond the City's boundaries. These agencies will review the proposal through the Coastal Development Permit application required and may require additional mitigation or revisions to the system design. Page 6 Regardless of the method of installation approved, the Conditions of Approval will include requirements that all work within the City be subject to review and approval by the Public Work's Department. The City will inspect all the work as it proceeds and all work will be designed and . constructed in accordance with all applicable local, state and federal regulations. The other conditions, the Mitigation Monitoring Program and the findings to support the EIR and the need to make a statement of overriding Considerations for air quality are included in the attached resolutions. Analysis Pursuant to Government Code Section 15064, the California Environmental Quality Act (CEQA) Guidelines require the preparation of an Environmental Impact Report when the Initial Study for the project indicates there is the potential for significant environmental impacts to occur. The environmental impacts initially identified as potentially significant included the following: • Public Access to the beach areas. • Marine mammal entanglement • Exclusion of fishing • Air Quality • Noise The City concluded that the best method to ensure the adequate environmental analysis of the fiber optic cable project was through the preparation of an Environmental Impact Report (EIR). The City is acting as the lead agency, since Hermosa Beach has the greatest responsibility for supervising and approving the project as a whole. The City hired Ecology and Environment (E&E) to prepare the Environmental Impact Report for the City. TyCom reimbursed the City for the cost of the EIR. The Environmental Impact Report discussed the potential environmental short-term and long-term impacts of the project. The EIR also assessed the impacts of operation, maintenance, retirement and abandonment or removal of these segments, as well as, feasible alternatives to the proposed project. The EIR concluded that the environmental impacts will be short-term, limited to the duration of construction activities. There are no significant long-term impacts associated with the project. Certain project modifications to reduce or avoid significant environmental impacts are included as mitigation measures in the. EIR. These recommended mitigation measures are incorporated into a Mitigation Monitoring Program, which was prepared following the completion of the EIR. The implementation of the Mitigation Monitoring Program will be an integral part of the success of the project. Because of TyCom's recent change to their project, the City's environmental consultant could not modify the attached Mitigation Monitoring Program to conform to the one landing site option. Therefore, staff will be recommending that the City Council approve the attached Mitigation Monitoring Program, subject to modifying the Mitigation Monitoring Program to reflect a single landing at Second Street utilizing a direct burial. The Draft Environmental Impact Report (EIR) has been previously provided to the City Council members for their review. The Final EIR, including the response to comments, is attached (Attachment No. 3). The City sent out the Draft EIR to thirty-nine (39) agencies and organizations. Page 7 The City received comments from nine (9) agencies or individuals, including the Coastal Commission and State Lands Commission. The comments to the Draft EIR and the City's responses to comments are included in the attached Final EIR. TyCom's most recent proposal to utilize only one cable landing site has been analyzed as an alternative in the EIR, Chapter 17. According to the City's environmental consultant, the overall short-term impacts during the construction would be reduced significantly with only the Second Street landing, utilizing a direct burial method of installation. This procedure is atypical method commonly employed in the submarine cable industry and is in fact the method utilized in the majority of cable shore end landings around the world. The direct landing alternative is discussed in Section 17.3.7 beginning on page 17-14 of the EIR. The EIR concludes that: "This alternative would decrease environmental impacts during installation, mainly in relation to beach access, recreation, and noise." A supplemental analysis was prepared to further assess the single landing point utilizing direct burial alternative now proposed by TyCom is attached to the resolution certifying the EIR All potential significant short-term impacts have been avoided or reduced to a less than significant level, except for air emissions. The City's environmental consultant feels that no new biological surveys are needed, since the single cable landing route was previously studied and that all associated environmental impacts will remain than significant. In regards to air impacts with a single landing point, there will be no additional time required beyond that previously analyzed, thus no new air quality impacts would result. However, as previously analyzed, over a period of 12 to 24 days, the marine cable installation activities generated by 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. TyCom has agreed to fully mitigate the impacts out to three nautical miles from shore. This issue is further discussed in the EIR, Chapter 13, Air Quality and Chapter 18, Significant and Unavoidable Impacts. A Statement of Overriding Considerations is required as part of the approval of the project because the daily air quality thresholds will be exceeded, even with mitigation. The findings to support the Statement of Overriding Considerations are included within Exhibit A attached to the Resolution certifying the EIR It is important to note that the installation using the direct landing method can be completed more quickly than the method originally proposed by TyCom. Thus, the duration of traffic, noise, recreation, aesthetic and beach access impacts along the shoreline would be reduced from approximately 4 to 6 weeks to approximately 7 to 10 days for the beach segment of the project that involves both cables within the single trench at Second Street. Consistency with the General Plan, LCP and Coastal Act There are various elements of the City's General Plan that apply to this project, which include the Conservation, Open Space, Land Use, Circulation/Transportation/Parking, Noise and Utilities Elements. As discussed in the EIR, the project is consistent with the City's General Plan goals and policies. In addition, the EIR details how the project is consistent with the City's Local Coastal Plan (LCP) and the California Coast Act (CCA). This EIR incorporates, by reference, the analysis of California Coastal Commission issues included in the other EIRs for those projects and Page 8 •... • summarizes them, where applicable. Overall, the EIR concludes that the project is consistent with the CCA as discussed in Chapter 3 and Chapter 17 of the EIR. Pursuant to Section 65402 of the Government Code, Restriction on the Acquisition and Disposal of Real Property, a local agency shall not dispose of any real property (sale, long term lease or easement) until the location, purpose and extent of such disposition has been submitted to and reported upon the planing agency having jurisdiction as to the conformity with the adopted General Plan or part thereof. This fiber optic cable project is analogous to a public facility and a public utility corridor, in that this project falls within the category of uses as being allowed in the Open Space designation. Since the fiber optic cables would be buried on the beach and in the street, and either buried or laid on the sea floor, the presence of these fiber optic cables would not be in conflict General Plan goals and the Zoning Ordinance relative to preserving open space or protecting the beach and ocean as a recreational resource. The impacts of such a facility have been analyzed in the EIR. All potential significant impacts have been avoided or reduced to a less than significant level, and thus do not adversely affect the public use of the beach or the ocean. Based on the information provided, the Planning Commission found the lease to be consistent with the City's General Plan, which is further detailed in the attached City Council resolution approving the PDP application. Financial Benefits/Lease Agreement The proposed project will provide the City with revenues from the lease of City owned property. Under the agreement, the City will receive one time license fee from TyCom for the use of City owned property, plus annual rent payments for the term of the agreement (25 years). These revenues would be used to offset the City's current costs to renovate, maintain or improve the beach, storm drains, adjacent streets, walkways, public parking areas, the lifeguard building on the pier and the pier. TyCom's obligations will include funding to upgrade the three beach bathrooms, plus construction of one new bathroom near the pier. The lease will also cover TyCom's obligation to fund the costs, of implementing the mitigation monitoring program, inspection costs, on-going maintenance and retirement and/or removal. of the system at the end of the lease. The City Attorney has advised that the lease agreement is consistent with the terms of the grant for the use of Trust lands, which in this case is seaward of mean high -tide. The lease revenues are sufficient to offset the temporary loss of the beach during construction and the use of City property for the life of the lease. 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 project is 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 conditions in the attached Resolutions. Bob Goldin, Project Planner CONCUR: Sol Blumenfeld, irector Community Tevelopment Department Stephen Bu City Manager Attachments 1 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 letter revising the number of landings 4. Final EIR 5. Schedule of Activities cd.tycom. cc 12-11-01 report Page 10 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 Page 11 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 Page I Z, 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 Page 13 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 Page /4. ♦ 4 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 and9oftheElR. 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 be a minor impact, and visitors will use alternative recreational sites easily within 50 Page 14 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 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 substantially lessen each impact. Further explanation for these determinations may be Page 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 finds 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 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 Page Zo 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: Page • • 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. • 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 Page ZZ. 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 consistentwith 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 certifies the FEIR and adopts a statement of overriding considerations relating to air quality pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15093 (a). SECTION 18. 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. Page z3 SECTION 19. Based upon the foregoing findings, the City Council hereby: 1. Certifies the FEIR for the project, including 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. 2. Finds that each fact in support of the finding is true andisbased 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 20. 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 21. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 11th 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 Page Z1F • ATTEST: APPROVED AS TO FORM: City. Clerk City Attorney cd.tycom cc reso revision for EIR 12-11 (12-6-01) 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 Z6 Findings and Facts in Support of Findings for PDP 01-10 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. 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 2/1 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 Page a9 Findings and Facts in Support of Findings for PDP 01-10 utilities project 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 Page 3 Findings and Facts in Support of Findings for PDP 01-10 j) 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. 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 Z 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. Page 33 Findings and Facts in Support of Findings for PDP 01-10 2. 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 31-f- 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 further consideration 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 Page 35- 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. 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 $' C14ti31T too. 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 fmal 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 EIR, 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 3q 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 Spill/Accident 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 final 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 final mitigation monitoring program report to Responsible Agencies upon request. 4.I Mitigation Monitoring Program Summary Table Ref. Lan. ..YiV, Impact ire.. Use. mn r?Racre. PdIo i,Sry4: • Responsible Monitoring Report Responsible PartyTiming of or Other Agency for Mitigation sp(Implementation) Implementation Documentation Mitigation Required Monitoring V.. --t,-!:,',.': :... ,r ' P..,m3do,l.G.-- y. P..,0,. .:. v414 - Y ',`,V; #MU/LU/R-I • 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 Ref.Timing #MU/LU/R-2: Impact Construction of the proposed project, its maintenance, and any planned/emergency repairs will temporarily disrupt nearshore recreational uses. Mitigation 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. Responsible Party (Implementation) Tycom, Project Applicant of Implementation Construction in marine zone close to shore Monitoring Report or Other Documentation Required Monitoring Responsible Agency for Mitigation Monitoring City of Hermosa Beach #MU/LU/R-3: . • The project will limit beach use during construction of the north and south landings. •agreement. • 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 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 2 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/L U/R-1 S: 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 #MU/LU/R-6: Construction nuisances associated with cable installation will adversely affect residential and commercial areas. Mitigation Measure #MU/L U/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 report City of Hermosa Beach 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 GEOLooY/$ouI.SIMINERAL:RESOURCES , #Gl: 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 #G-2: 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 4 Ref. #G-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 mplementation) (IRequired Tycom, Project Applicant Timing of Implementation Project Changes could cause impact and require mitigation Monitoring Report or Other Documentation 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 #G-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 #G-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 Watac-.Reso %: Mitigation Responsible Timing of Party Implementation (Implementation) 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. . 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 Prior to construction Shipboard oil pollution emergency plans (SOPEPs) City of Hermosa Beach Tycom, Project Applicant During construction Monthly Report City of Hermosa Beach #W-5: 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 off -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 [nm]). Treatment and handling of sewage, bilge water, and deck drainage will be in accordance with applicable MARPOL and USCG regulations. 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 Prior to construction Ballast water management, record keeping and reporting will be in compliance with applicable MARPOL and USCG regulations City of Hermosa Beach Tycom, Project Applicant During offshore operations Maintain a logbook City of Hermosa Beach 6 Ref. I m pact 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 7 Ref. #MB -2: I m pact Mitigation Excavation of the beach area in Mitigation Measure #MB -1: If the intertidal April or May could violate beach work occurs in March through August, CDFG Code 8381. 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. Responsible Party (Implementation) Tycom, Project Applicant Timing of Implementation During intertidal beach construction Monitoring Report or Other Documentation Required Monitoring Responsible Agency for Mitigation 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 8 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 -5: 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 Applicant 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 Monitoring and reports promptly to the federal and state agencies listed below, pursuant to each agency's reporting procedures City of Hermosa Beach #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 Post -installation survey 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 Ref. #MB-10: Impact 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 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. Responsible Party (Implementation) Tycom, Project Applicant Timing of Implementation During construction Monitoring Report or Other Documentation Required Monitoring -esponsi• e Agency for Mitigation Monitoring City of Hermosa Beach Fisheries . ):. a . . #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 10 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 mplementation) (IRequired Monitoring Report Timing of or Other Implementation Documentation During construction See above Responsible Agency for Mitigation Monitoring City of Hermosa Beach Tycom, Project Applicant Terrestrial Biological Resources arr:; x #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 -l: 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 =: ti; #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. I m pact Mitigation Responsible Party (Implementation Timing of Implementation Monitoring Report or Other Documentation Required Responsible Agency for Mitigation Monitoring Cultural Resources 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. 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. 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 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 12 Ref. Im pact Mitigation • Responsible Party (Implementation) Timing of Implementation Monitoring Report or Other Documentation Required Responsible Agency for Mitigation Monitoring #N-3: Terrestrial cable construction in Hermosa Beach may increase ambient noise levels in Manhattan Beach. Implement Mitigation Measure #N-1 to #N-4. Tycom, Project Applicant During construction See above City of Hermosa Beach Transportation #T-1: 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 7:30 a.m. and after 9 a.m., and before 5 p.m. and after 7 p.m.). #T-2: Cable installation along public rights-of-way may result in reduced response times for emergency vehicles. 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 Mitigation Measure #T-4: All 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) . Timing of ImplementationImplementation During construction Monitoring Report or Other Documentation Required Daily log/City inspector Responsible, Agency for Mitigation Monitoring City of Hermosa Beach Tycom, Project Applicant #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 Air Quality #A-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 #A-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. I & 4). See DEIR Tycom, Project Applicant During construction Daily logs City of Hermosa Beach ROC, CO, and SO2. 14 Ref. I m pact Mitigation Responsible Monitoring Report Party (Implementation) Timing of Implementation 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 Togs 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 #H -I: 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 #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 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 #H-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 Monitoring Report Party Timing of or Other (Implementation Implementation Documentation Required Responsible Agency for Mitigation Monitoring Mitigation Measure #H-5: 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 if a 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 training materials City of Hermosa 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 written notifications to appropriate agencies City of Hermosa Beach #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 Plan (HSP) City of Hermosa 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 training materials City of Hermosa Beach 16 Ref. Impact Mitigation Responsible` Party (Implementation) Tycom, Project Applicant Timing of Implementation Prior to construction Monitoring Report or Other Documentation Required Traffic Control Plan Responsible Agency for Mitigation Monitoring City of Hermosa Beach 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. Mitigation Measure #H-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-5: 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 #11--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 Responsible R R�� Party (Implementation) Monitoring Report Timing of or Other Implementation Documentation Required Responsible Agency for Mitigation Monitoring ' 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. Tycom, Project Applicant During construction Daily logs City of Hermosa Beach Mitigation Measure #1I--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 #H-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 #4-1: 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 Utilitlesend=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 18 Ref. Im pact Mitigation Responsible Party (Implementation) Timing of Implementation Monitoring Report • or Other Documentation Required Responsible Agency for Mitigation Monitoring 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. Tycom, Project Applicant Prior to construction Emergency Response Plan 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 #PU/S-4: 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-10: 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: and 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 • 20 Exhibit No. 2 Supplemental Environmental Analysis for the TyCom Submarine Fiber Optic Cable Project (PDP No. 01-10) 12-5-01 (0 2 1.0 Introduction The City of Hermosa Beach (City) prepared a Draft and Final Environmental Impact Report (EIR) assessing the potential environmental impacts of installing two segments of a proposed submarine cable system that would include two landings in the City. As the Lead Agency under the California Environmental Quality Act (CEQA), the City circulated a Draft EIR addressing the project proposed by the applicant in their Planned Development Permit/Precise Development Plan submitted June 14, 2001. The Draft EIR was circulated for public review to interested parties, Responsible Agencies and through the State Clearinghouse beginning September 24, 2001 for a 45 -day period in accordance with CEQA Guidelines. The City received comments on the Draft and responded to those comments in a document completed November 21, 2001. The Response to . Comments document was mailed to all of the individuals and agency staff that commented on the Draft on the day it was completed. As a result of comments received on the project and discussions with City staff; the project applicant, TyCom Networks (US), Inc. (TyCom) modified the project proposed in their Planned Development Permit/Precise Development Plan application. The applicant is now proposing the following project revisions: ■ Cables will land at one location instead of two; • Installation on the beach will be achieved by using a "direct landing" method resulting in a shorter construction period on the beach. The Draft and Final EIR for the project included an analysis of seven alternatives to the original project proposed by TyCom. The alternatives were selected for analysis because they would potentially avoid or diminish the proposed project's environmental impacts. The two aspects of the original project that have been revised were evaluated in the Draft EIR in Section 17, Alternatives to the Proposed Project. Section 17 of the Draft EIR evaluated Alternative #5, which consisted of only one proposed landing in Hermosa Beach. The evaluation stated that according to the applicant, a single landing would not meet all of the required system security objectives because it was desirable to have as much separation between the cables as possible. According to the applicant, the risks of landing at one location have been reevaluated, and TyCom agrees that it is possible to install both cable segments at one landing point without causing significant security concerns. Alternative #7 evaluated the direct landing installation method that is now being proposed. The conclusion in the Draft EIR was that the direct landing alternative would diminish the environmental impacts associated with the project. The purpose of this supplemental environmental analysis is to evaluate the revised project and determine whether the Draft and Final EIR adequately assess the revised project's environmental impacts while identifying feasible mitigation measures to reduce those impacts to less than significant levels. Section 15088.5 of the CEQA Guidelines, Recirculation of an EIR Prior to Circulation, requires a Lead Agency to recirculate an EIR when significant new information is added to the EIR, or project changes occur, after public notice is given of the availability of the draft EIR for review. However, this section only requires recirculation if the additional information or changes would result in one or more potentially significant impacts. C3 In accordance with Section 15088.5, the City has reviewed the proposed project changes and has concluded that recirculation would not be required since no additional, significant environmental impacts have been identified. The following analysis documents the basis for the conclusion that the Draft and Final EIR prepared for the original project adequately covers potential impacts and mitigation for the revised project. 2.0 Revised TyCom Transpacific Hermosa Beach Landing Project Description The original project has been revised to land two cables at one location rather than two separate ones in Hermosa Beach. The two cables will land at the South Cable Landing to be located at Second Street at Beach Drive, as further described. in the Draft EIR. The North Cable Landing and the alternate cable routes along the Greenbelt or Manhattan Avenue (Options 1 and 2) are no longer proposed. The revised project involves a significantly shorter terrestrial cable installation route. The second aspect of the original project that has been revised is the cable installation method across the beach. Instead of installing steel conduit across the beach, the applicant is now proposing a "direct landing" method of installation that consists of landing both cables into one trench across the beach. The direct landing method applies to the segment of the cable from the beach manhole through the surf zone. Project installation activities at the beach manhole and along the terrestrial route would be the same as the project originally proposed by the applicant. According to the applicant, the direct landing method is a typical method commonly employed in the submarine cable industry and is in fact the method most utilized in cable beach landings around the world. The following paragraphs further describe the direct landing method. 2.1 Description of the Direct Landing Installation Method Staging Area Establishment Prior to the cable ship's arrival in the area, the staging area will be established on the beach. The staging area will measure approximately 100 feet wide and will extend from near The Strand wall to near the mean high tide line. Minimum buffers of 25 feet will be maintained on both The Strand side and the waterside of the staging area. During the actual cable installation, access around the ocean side of the staging area will not be possible. However, lateral access around staging area will be provided near The Strand. A winch will be placed in the staging area and prepared for use throughout the cable landing process. Approximately six to ten deliveries of supplies and equipment to the staging area will be necessary. Trenching Across Beach In advance of the scheduled cable landing operations, and after the staging area is established, a trench will be excavated across the beach using an excavator. Due to surf and landing conditions at the time of construction, a portion of the trench may need to be excavated after the cables are landed. The trench will be approximately 3 meters deep. A 2:1 slope will require the width of the trench at the top to approach forty feet (40') by- wide. Safety barricades and watchmen will be used at all times while the trench is being dug and remains open. Cable Landings After the trench has been excavated across the beach, and the cable ship arrives on station approximately 3/4 miles offshore, the cable pulling operation will commence. A small support vessel will haul the marine fiber optic cable to a point just offshore of the surf zone. At this point a wire rope from the beach winch will be attached to the cable for pulling. The winch will pull the cable ashore while the cable ship simultaneously pays -out submarine cable at the same rate. The crew of the cable ship will apply floats to the submarine cable at approximately three to five meters spacings. This will allow the cable to float ashore. The pulling continues until the cable end reaches the pulling winch. The cable will then be back -fed to the beach manhole that will be installed in the public road right-of-way. This process will then be repeated for the second cable. Cable Slack Management When the marine cables are pulled into the beach manhole, a minimum of 10 meters of slack will be left in the manhole. This would allow the cable to pay out of the manhole if ocean events make it necessary. The landing operations have pre -configured sufficient cable slack to allow the cable to self bury in the shifting seafloor. Cable Protection & Trench Backfilling After the cables are installed into the trench and back -fed into the beach manhole, cast iron split pipe protection will be applied from the beach manhole toward the sea. After the protection is completed on the beach, the cable will be secured down in the trench and buried. No split pipe will be applied seaward of the Mean Low Water mark. After the split pipe is applied to both cables, and final trenching activities on the beach are completed, the trench will be backfilled. The sand will be placed back into the trench in lifts with the proper moisture content to ensure proper compaction. Restoration Beach restoration normally can be completed in one day. The original beach contours will be reestablished and the sand will be graded accordingly. All tools and excavation equipment and any debris or evidence of construction activities will be removed from the site. All public safety notices and barriers will be removed and the site will be re -opened to the public Post Lay Burial of Marine Cable Once the marine cable is landed, the buoys applied to the cables during cable pulling can be removed and the cable allowed to settle to the bottom. This cable will then be buried using post lay burial methods. Post lay burial methods include diver -assisted jetting tools, jet -sled jetting, tracked trencher or diver -assisted air or water lift tools. In the surf zone, where target cable burial depth is two meters, a jet sled or tracked trencher will most likely be the tool used to achieve the burial. Beyond the surf zone, where target burial depths are one meter, diver -assisted jet burial likely will be the method used. These methods are described in greater detail in previously submitted documents. Beach Equipment & Supplies The equipment required on the beach to conduct this operation includes a winch and an excavator. This equipment for pulling cable will be identical to that described in the primary project description. The articulated split pipe consists of individual cast iron pieces that encase the submarine fiber optic cable to provide additional protection to the cable. This split pipe is delivered to the beach in pallet size crates. Eight to 10 crates will support approximately 600 horizontal feet (2 cables x 300 feet) of split pipe protection. This typical installation procedure will also require toolboxes containing all tools and rigging gear necessary to support the operation. These miscellaneous boxes (typically gangboxes 5 feet wide x 3 feet deep x 4 feet high) need to be accessible during the operations and can easily be removed when operations cease. The total amount of space for the operation, including staging, will be approximately 50,000 square feet. • 2.2 Schedule of Activities The schedule for installation across the beach and in the nearshore area is presented in Table 1. Installation activities on the beach would occur over a ten-day period. Post -lay burial in the nearshore area would occur over a two to four week period. Table 1— Schedule for Direct Landing Installation Activities ACTIVITY DAYS / DURATION 1 2 3 4 5 6 7 8 9 10 BEACH ACTIVITIES Establish Staging Area (1-2 days) Mobilize Equipment and Supplies Onto Beach (1 day) Open Trench Across Beach (1 day) ' Pull First Cable (1 day) Pull Second Cable (1 day) Install Ocean Ground Beds (3 days) Complete Trenching and Backfilling (1 day) Clean-up and Restoration of Beach (1 day) Contingency Days for Equipment or Weather Delays b� MARINE ACTIVITIES Post Lay Burial by Jet Sled or Tracked Trencher— Surf Zone (1-2 weeks) Day 5 through day 12 or 19 Diver Post Lay Burial — Beyond Surf Zone (1-2 weeks) Day 12 or 19 through day 26 or 33 3.0 Comparison of Revised Project and Project Covered in the DEIR 3.1 Terrestrial The revised project involves a significantly shorter terrestrial route than the project originally proposed. Because the North Cable Landing is no longer proposed, the terrestrial route would be reduced by approximately two miles of cable installation along Option 1—Greenbelt or Option 2-Mnhattan Avenue, as described in the Draft EIR. The revised project will have approximately 0.72 mile of terrestrial cable installation from the South Cable Landing to the Cable Station. The staging area required for installing the cable across the beach would be 100 feet in width instead of the 300 -foot -width identified for the original project. Therefore, the revised project would require only one staging area (at the South Cable Landing) that is less than half the size of the staging area evaluated in the DEIR project description: The direct landing method will reduce the time required to install the cable through the surf zone and across the beach to the beach manhole to approximately 10 days. The original project would require a period of four to six weeks of construction on the beach. The revised project will require significantly fewer deliveries to the staging area. Up to ten deliveries will be required in comparison with up to 45 deliveries that would have been required for each landing site for the original project. 3.2 Marine The Segment 5 route crossover extends from the Segment 4 beach landing out to a water depth of approximately 115 meters. The total length of the rerouted Segment 5 is approximately 10 kilometers. The proposed reroute of Segment 5 will extend from the Segment 4 beach manhole at Second Street and will be encased in the same split pipe as Segment 4. The Segment 5 route deviates at an acute angle from Segment 4 near the mouth of the split pipe (at the mean low-water line). From the mouth of the split pipe, the proposed Segment 5 route a will be separated from Segment 4 by a distance equal to the water depth. Therefore, out to approximately 6 kilometers from shore (75 meters water depth), the cables will be located within 75 meters of each other. Just beyond the 3 nautical mile limit (-6 kilometers), the Segment 5 route deviation breaks away from Segment 4 and angles northwest for approximately 4 kilometers, where it ties into the original Segment 5 route described in the Draft EIR. Beyond approximately 10 kilometers from shore, the Segment 5 route will be identical to that proposed in the Draft EIR. (7 The proposed deep -water and near -shore marine installation methods of the route deviation are similar to the methods proposed in the original project for Segment 4 and 5. Table 2: Segment 5 Marine Route Deviation Description Section Name Distance * Water depth Location relative to Segment 4 Installation method Comment Parallel Segment 0-6km 0-100m 0-100m (route . separation = to water depth) Same as described in the ADEIR The nearshore portion 0 - 6km roughly follows Segment 4 Cross- over Segment 6-10km 100- 115m 100m to 600m Same as described in the ADEIR Cross-over section where the RD crosses from Segment 4 to the original Segment 5. Original Segment 5 10km ' END of the proposed Segment 5 route deviation Beyond 10km, the project is identical to the original Segment 5 as described in the DEIR. *APPROXIMATE distance measured from shore along the proposed Segment 5 route deviation. 4.0Revised Project Impacts Already Covered in the DEIR The revised project would have similar impacts to those of the original project, but the duration and level of impacts that occur on the beach and in the nearshore area would be less because of the shorter duration and intensity of construction activity. The main impacts of the proposed project associated with construction on the beach are disruption of public access and recreation, noise impacts, transportation and air quality impacts. The duration of construction activity on the beach would be approximately 10 days at one landing site, in comparison with four to six weeks at two landing sites. The amount of equipment necessary to conduct the beach work also would be less than that of the proposed project. As a result, there would be less disruption of recreational activities, and reduced noise impacts (duration and level), and less generation of air emissions due to vehicular activity. Direct burial at one landing would result in fewer aesthetic impacts. For this alternative, there would be no anticipated changes in the impacts to geologic resources. Terrestrial impacts along the OSP route would be significantly reduced in comparison with the proposed project because the South Cable Landing site is much closer to the Cable Station and the North Cable Landing has been eliminated. With respect to the marine segments, although there would be only one landing, the two cables will be separated by a distance equivalent to the water depth. Since the two cables will not share the same trench, marine installation between the 3 -nautical mile limit and a depth of about 15 meters will require the same amount of installation time. The time it will take for ships to install the cables will be approximately the same as required for, installing one cable at two separate landings, and therefore, the impacts to fishing are expected to be approximately equal to the original project. The marine air quality impacts are also expect to be approximately equal since there will not be a significant reduction in cable ship installation time. Since no steel conduit would be installed in the beach, a fault in the cable would require additional work on the beach uncovering the cable. In the original project, however, TyCom could use the spare steel conduit to install an alternative cable while recovering the faulted section of cable from the other steel conduit, thereby avoiding additional beach construction and disruption of recreational activities. Any installation of additional cables would require separate environmental review. Since the evaluation of cultural and marine resources impacts requires a review of resource -specific surveys, these topics are covered in the following sections. 5.0 Cultural Resources An inventory of the marine cultural resources along certain portions of the originally proposed route was prepared jointly by SRI (SRI 2001) and Macfarlane Archaeological Consultants. The new Segment 5 route between the shoreline and the 3 -nautical mile limit was not covered by the survey. However, the Draft EIR identifies two mitigation measures that require an additional marine resources survey be undertaken and any potentially significant resources be avoided by at least 100 meters. Cultural Resources Mitigation #CR -3 identifies that a marine cultural survey must be conducted according to the direction of a qualified marine archaeologist. Cultural Resources Mitigation #CR -4 identifies that TyCom will reroute the cable to avoid any significant resources by at least 100 meters. The proposed project revision includes a portion of Segment 5 that has not been surveyed for the presence or absence of significant cultural resources. However, the two mitigation measures described above will ensure that marine cultural resources impacts are reduced to a less than significant level because all significant resources will be avoided by at least 100 meters. The applicant has agreed to these measures and has agreed to implement them for the revised project. 6.0 Marine Biological Resources 6.1 Overview of Marine Biological Survey Biologist -diver SCUBA, remote operated vehicle video (ROV) and digital sonar marine biological and sediment verification surveys were conducted along selected sections of the original Segment 5 and Segment 4 routes in the following targeted areas in August of 2001: ■ Nearshore habitat (0-30 meter water depth, or 0-2.5 km from shore), • Hard bottom areas, and . ■ Sediment transition zones. See Appendix G of the DEIR for a detailed map of the areas surveyed. The proposed route deviation is located within the near shore area covered in the Segment 4 survey. There is no hard bottom substrate along the proposed route deviation. The single sediment transition zone (sand/gravel/clay) crossed by the cross over section of the route deviation is located less than 500 meters from the original Segment 4 and 5 survey locations. The original Segment 4 and 5 surveys in the transition zone showed similar habitat and species north and south of the route deviation. In addition, the sidescan sonar survey data demonstrates that the substrate type in the transition zone is identical to the substrate north and south of the route deviation in the area previously surveyed. Therefore, it is expected that the habitat type and species composition along the transition zone will be similar to the areas previously surveyed to the north and south of the route deviation. Based on the existing survey information the habitat crossed by the route deviation can be characterized. The nearshore portion of the route (0-30 meters water depth/0-2.5 kilometers from shore) crosses soft sediment ranging from sand between 0-10 meter water depths to a mixture of sand and gravel from 10-30 meter water depth. There is a band of sand dollars located between the 5-7 meter water depths. In addition to the sand dollar beds, the epibenthic biota is characterized by tube building worms (Diopatra splendidissima) (upwards of 50 per square meter), sand stars (Astrpecten B armatus), short spined sea stars (Pisaster brevispinis), brittlestars (Ophioroidea sp), maldanid worms, and seapansies (Renilla kollikeri). Fish species observed or expected in the area include California halibut (Paralichthys californicus), speckled sanddabs (Citharichtys stigmaeus), lizard fish (Synodus lucioceps), spotted and horny head turbot (Pleuronichtys sp.), and barred sandbass (Paralabrax nebulifer). These areas also support large populations of croakers such as queenfish (Seriphus politus) and white croaker (Genyonemus lineatus). For a more detailed description see Table 7.1-1 and Table 7.1-2 in the Draft EIR. According to the sidescan sonar surveys, the cross over section of the route deviation does not cross any hard substrate. The biological area of interest along the cross over section of the route deviation is a sediment transition zone at between 75-115 meters water depth (approximately 6.0-7.5 kilometers off shore along the route). Based on the sidescan sonar maps with data covering the entire route deviation, the sediment transition zone along the route deviation changes with depth from sand to gravel to silty clay. Based on the ROV video surveys data from areas with identical transition zones located approximately 500 meters to the north and south of the cross over section, it is expected that the sediment and the biota of the transition zone can be characterized as follows. No algae are expected due to turbidity and lack of light at the depths of the transition zone. The invertebrates would include moderate amounts of white sea urchins, deep water sea pen, Majid spider crab, the California sea cucumber, cancer crab, a small deep water octopus (Octopus californicus), giant Metridium anemone, possible large triton slugs Otritonia diomedea. Fish noted north and south of the route deviation in similar habitat and at similar depths in silty areas were Dover sole, longspine combfish, Pacific sanddab, Pacific Argentine (Argentina sialis), and unidentified poacher (Agonidae). In gravel areas, a dogfish shark (Squalus acanthias), half banded rockfish (Sebastes semicinctus), blackbelly eelpout (Lycodopsis pacifica) and a pink sea perch were noted. For more 70 details on the area north and south of the proposed route deviation, see Section 7 and Appendix D of the Draft EIR. 6.2 Marine Biological Resources Impact Evaluation The impact evaluation in the Draft EIR analyzed installation, operation, repair and monitoring impacts of Segment 5 from the continental shelf to the mean high-water mark. This section will evaluate potential impacts to marine resources with respect to the proposed route deviation and determine whether those impacts are covered by the project's EIR. 6.2.1 Revised Project Impacts Already Covered in the DEIR The proposed route deviation will result in impacts that are different from those described in the Draft EIR for the following marine resources: • Hard Substrate: According to the sidescan sonar, ROV video, and SCUBA -biologist surveys, there is no hard substrate along the proposed route deviation; therefore, the deviation will not increase (or decrease) the amount of hard substrate crossed by the route. ■ Whale Entanglement: The length of the Segment 5 route will not be significantly increased or decreased by the route deviation. The depth of burial will be the same as proposed in the Draft EIR. The amount of cable buried will not increase significantly. The location of the route deviation is not a known gray or other whale feeding area. Therefore, the likelihood of a whale entanglement will not significantly increase due to the route deviation. ■ Marine MammalNessel Collision: The duration of installation will be roughly the same as the original project. The number of installation vessels will not change from that proposed originally. The density of vessels will not increase because the cables will not be installed simultaneously at the single landing. ■ Noise Impacts to Marine Mammals: The duration of installation and the number of vessels is not significantly different from the original project. The route deviation is located between 0.5 kilometers and 2.0 kilometers from the original route. The relative density of marine mammals along the original route should not be significantly different than the density of mammals along the proposed route deviation. There are no rookeries located in the vicinity of the route deviation. Therefore, the route deviation will not alter the impact analysis presented in the Draft EIR. • Threatened & Endangered Species: In addition to the marine mammals discussed above, the only listed species with a potential to be in the project vicinity is the white abalone. However, because there is no hard substrate identified along the proposed route deviation, as discussed in the Draft EIR, there is no habitat for white abalone along the route. ?I • Beach Installation Impacts to Grunion Spawning Events: CDFG code 8381 protects spawning grunion during their peak spawning season, April and May. Because both cables.will be installed in a single split pipe from the mean low-water mark across the beach to the beach manhole, the area of potential impact to spawning events will be reduced by half. The total width of impact in the intertidal zone will be 40 feet at one landing, instead of the originally proposed 40 feet wide temporary impact areas at both landings. However, the significance determination and the proposed mitigation will remain identical to the findings in the Draft EIR, because the grunion is a protected species and any take of this species in violation of CDFG Code 8381 is considered a significant impact. The applicant has agreed to implement the mitigation measure identified in the Draft EIR to reduce the impact to grunion that would result from the revised project to a less than significant level. • Common Pelagic Species: As noted in the Draft EIR, pelagic species (birds and fish) are expected to avoid the cable. The route deviation does not alter the impact analysis included in the DEIR. • Turbidity and Contaminated Sediment Impacts: The route deviation installation methods and the duration of installation will not change significantly from original project. According to the sidescan sonar survey data and the ROV surveys, the route deviation will cross similar sediment types to those crossed by the original Segment 5 route. Therefore the duration of sediment suspension (1 -day) is not expected to increase. The two cables will not be installed simultaneously; therefore, the sediment disrupted during the Segment 4 installation is expected to settle out of the water column (with in one day) prior to the installation of the Segment 5 route deviation. The increase in turbidity is not expected to change from that predicted in the Draft EIR. In addition, the route deviation will not cross sediments known to be more contaminated than those along the Segment 5 route proposed in the Draft EIR. Nor does the route deviation cross benthic biota that is more sensitive to turbidity and resuspended contamination than the biota described in the Draft EIR. Therefore, the significance determination is identical to that described in the Draft EIR. ■ Essential Fish Habitat: Given that the entire continental shelf is considered EFH, the route deviation will not alter the amount of EFH crossed by the project. The determination of significance is identical to that described in the DEIR. 6.2.2 Soft -substrate Benthic Species The proposed route deviation crosses only soft bottom sediments, as noted above. Although Segment 5 will no longer be landed at a separate location, collocating it with Segment 4 will result in a wider, contiguous area of sediment disturbance. The overall sediment disturbance area will be approximately the same as the original project which had two separate cable routes. However, for benthic species that rely on adult migration to recolonize disturbed areas, the width of disturbance is an important factor in recovery rates. The increased width of impact area along Segment 4 alters the impact analysis for soft -substrate areas; however, it does not affect the significance determination made in the Draft EIR. 7s- ■ Common Soft -Substrate Species: Recolonization rates of some common soft -bottom benthic species directly impacted by the sea sled or the sea plow during installation might be slightly longer than those suggested in the Draft EIR due to the wider, contiguous area of disturbance. Because many benthic invertebrates are not highly mobile, wider areas of impact reduce the recolonization rates. However, because most intertidal and subtidal species, including sea urchins and sand dollars, recolonize disturbed areas by methods that are not limited to migration, the recolonization rates are not expected to significantly increase. Adult migration and spawning are expected to repopulate the disturbed areas within less than one year even when considering the wider, contiguous area of disturbance. In addition, due to the prevalence of benthic invertebrates, such as sand dollars and sea urchins along the entire stretch of Hermosa Beach, the overall population size of the individual species will not be reduced significantly. 7.0 Conclusion The revised project would substantially diminish the original project's environmental impacts during installation, primarily by reducing the number of landing locations and the time required for construction activities on the beach. Environmental impacts during construction in the nearshore area would be slightly less than those that would result from the original project. Reducing the number of landing locations, the area of the beach staging area, and the total beach installation time will significantly reduce impacts to recreation. The impacts of reducing the length of the terrestrial cable installation would reduce impacts related to transportation, noise, and air quality. Most of the potential marine resources impacts would be the same as the original project. In the case of impacts to soft benthic substrate, although the impacts would be slightly greater due to the wider, contiguous swath of disturbance, the impacts to invertebrate communities would not be significant. Environmental impacts related to other environmental topics would be equivalent or less than the proposed original project. Therefore, the Draft and Final EIR adequately cover the potential impacts that would be associated with the revised project. 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 (`BIR") 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. 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 11, 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: 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 �f the use of the beach and will used to enhance access to and improvements for the beach. 76 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 11 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. 79 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. A. PLAN, DEVELOPMENT AND USE REQUIREMENTS 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. 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. 2. 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 for use of city owned property in connection with the Project. 4. 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. 6. Pursuant to Section 17.50 of the Zoning Code, the Precise Development 79 r 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. 8. 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. 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. 11. Mitigation Measure #MU/LU/R-5: Ninety days before taking the marine cables So 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, or remove the cable. (see DEIR for more requirements and 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. 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 P1 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. Qz 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 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 93 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 Program 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 #0-2: 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 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 requirements 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. 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 85. 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. 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 -11: 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. 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 of the following mitigation measures, which are summarized below) 50. Pursuant to Mitigation Measure #F-1: 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. g8' 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 summarized 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 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. I. 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 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 ID 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 -l: 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 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 gi 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. K. AIR QUALITY (see the Mitigation Monitoring Program and EIR fora complete list of requirements associated with each of the following mitigation measures which are summarized below) 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 on to 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 #11-1: 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 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 q� 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 in compliance 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, 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. 9c- $ 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 #H-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 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 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. 111. 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. 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 9g. a 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. 117. 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. 118. TyCom shall be responsible to restore all work within City streets and right of way to its pre -construction condition or better, in addition to slurry sealing (slurry seal and crack sealing) the entire width and length of the affected street, 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. O. CERTIFICATIONS v 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. 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 ADO 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 11th day of December 2001. President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk (12-6-01) City Attorney �C' AOL.COM I AOL Mail • A AOL Anywhere Main My AOL Mail AOLMaiIs" Close Keep As New People Search Shop Channels Devices 8 R O x B Jt N o; T� AOL High Speed & get a FREE Modem Delete Oa 102 of 103 CM* k 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 Inclu 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 (G- Reply Reply A Forwar Addres Book Avetotemr +"3 1.1+..•//nr.l.,,ni1 n, -J /...n;1 r1,'7irl-1nr)Rrr•n..nt-1nZR,11nv—itil..nvRrlic4=1 _1 n1 r1 v=1 11tnnnn1 Relative Schedule of Activities ACTIVITY DAYS / DURATION 1 2 3 4 5 6 7 8 9 10 BEACH ACTIVITIES Establish Staging Area (1-2 days). Mobilize Equipment and . Supplies Onto Beach (1 day) Open Trench Across Beach (1 day) Pull First Cable (1 day) h ; Pull Second Cable (1 day) Install Ocean Ground Beds (3 days) Complete Trenching and Backfilling (1 day) Clean-up and Restoration of Beach (1 day) Contingency Days for Equipment or Weather Delays MARINE ACTIVITIES Post Lay Burial by Jet Sled or Tracked Trencher — Surf Zone (1 — 2 weeks) Day 5 through day 12 or 19 Diver Post Lay Burial — Beyond Surf Zone (1 — 2 weeks) Day 12 or 19 through day 26 or 33 ATTACHMENT NO. 5 /�3 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 RECORDER'S 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 INFORMATION 5a 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 Exhibit 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 within thirty days after the Commencement Date, $300,000 paid upon the anniversary of Commencement Date and $75,000 paid quarterly for the remainder of the Tenn. CONSIDERATION FOR EASEMENT WITHIN TIDELANDS AND SUBMERGED LANDS: Payment of $800,00 for purpose of construction of one new bathroom as generally described in Exhibit B, renovation of three existing bathrooms as generally described in Exhibit B and other beach and pier improvements, at the discretion of Grantor. 12193\0001\676422.7 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 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 parties hereto shall record a notice to that effect (the "Notice of Termination of Construction Easement"). 12193\0001\676422.7 -3- • 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 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 B. If the cost of constructing and renovating the bathrooms as generally described in Exhibit B is less than $800,000, Grantee 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 • • 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) within thirty days after the Commencement Date or upon the date set forth in the schedule developed pursuant to Section 2.9, whichever occurs first. Additionally, upon the first anniversary of the Commencement Date or the date of such payment, whichever occurs first, Grantee shall pay to Grantor three hundred thousand dollars ($300,000). Thereafter, 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 five percent for the interval of adjustment. 2.7. TERMINATION Grantor may terminate this Cable Easement prior to the expiration of the Term if Grantee has materially failed to comply with its obligations in accordance with: (1) the material terms of this Cable Easement, or (2) the conditions of Hermosa Beach Planned Development Permit/Precise Development Plan No. 01-10, and Grantee has not corrected such noncompliance within a period of one hundred twenty (120) days after receipt of written notice from Grantor specifying such noncompliance and the appropriate cure. If Grantee's noncompliance cannot reasonably be corrected in that one hundred twenty (120) day period, then Grantor may not terminate this Cable Easement if Grantee begins to correct such noncompliance within one hundred twenty (120) days after receipt of notice from Grantor 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 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 12193\0001\676422_7 -5- 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, as well as a scheduled date for commencement of the obligations set forth in Section 2.6, that is reasonably acceptable to Grantor. Upon presentation of a proposed schedule to Grantor, Grantor shall have ten business days to review the schedule. Unless Grantor provides Grantee with written notice that the schedule is not acceptable within that ten business day period, then the schedule shall be deemed accepted. If Grantee fails to meet the accepted schedule dates for completion of construction,. then Grantee shall pay to Grantor 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. 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 ten 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 . 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. 12193\0001\676422.7 -6- Upon obtaining all required 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 12193\0001\676422.7 SECTION 3 DESCRIPTION OF CABLE EASEMENT AREA -8- DESCRIPTION OF CONSTRUCTION EASEMENT AREA 12193\0001\676422.7 -9- 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 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. Additionally, Grantee shall pay to Grantor the sum of $ within sixty (60) days after execution of the Easement Agreement to reimburse the City for costs associated with permit processing at the State and local level. 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 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 -10- 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 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. 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. 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), penalties, or judgments, of any nature whatsoever, 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. 12193\0001\676422.7 -11- • • Grantor shall indemnify, defend, and hold harmless Grantee, its employees, officers, and agents from any and all liability, damages, expenses, causes of action, suits, claims, costs, fees (including attorneys fees), penalties, or judgments, of any nature whatsoever, arising out of the operations of Grantor, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, except as may arise solely out of the willful or negligent act of Grantee or Grantee's officials, employees, or agents. 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 standard proof of insurance form. (b) Grantee shall provide to Grantor, on request, a complete copy, including all endorsements and riders, of any applicable insurance policy. (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 B+; VII, or better in the most recent edition, of Best's Key Rating Guide, Property -Casualty Edition. 12193\0001 \676422.7 -12- (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 (15th) 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 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. 12193\0001\676422.7 -13- 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 D. 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: Laurence Wiener Richards, Watson & Gershon 355 S. Grand Avenue, 40th Floor Los Angeles, California 90071 For City: Michael Jenkins Jenkins & Hogin 1325 Nineteenth Street Manhattan Beach, California 90266 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 12193\0001\676422.7 -14- content reasonably acceptable to Grantor and 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 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 the obligations of this Easement Agreement even though they do not possess the financial strength of Grantee. 4.14. GOVERNING LAW This Easement Agreement shall be interpreted under and governed by the laws of the State of California. 4.15. 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. 12193\0001 \676422.7 -15- 4.16. 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. 4.17. 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. 4.18. 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. 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. 4.19. TIME Time is of the essence for each and all of the terms, covenants and conditions in which time of performance is a factor. 4.20. 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. 4.21. 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_ 12193\0001\676422.7 -16- 4.22 . ATTORNEY FEES In any litigation between the parties concerning the terms of, or performance under this agreement, the prevailing party shall be entitled to recover its costs of suit, including 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 -17- • 12193\0001\676422.7 EXHIBIT A [Reserved] EXHIBIT B [General description of beach bathroom construction and renovation plans] 12193\0001\676422.7 12193\0001\676422.7 EXHIBIT C [Reserved] -1- 12193\0001\676422.7 EXHIBIT D [TyCom Ltd. Parental Guaranty] -1- 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°a 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 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\0001\676422.7 -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 faiture 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 -3- 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. 12193\0001\676422.7 GUARANTOR: 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, HM08 Bermuda -5- Charlie C. Cheatham 548 2°d Street Hermosa Beach, CA 90254 December 9, 2001 City of Hermosa Beach ATTN: City Council 1315 Valley Drive Hermosa Beach; CA 90254 RE: TyCom Cable Project Dear Madam Mayor and Honorable Councilmen: I am writing this letter as a resident of Second Street, and apologize for being out of town and not presenting this in person. I understand that in your deliberations on the TyCom project, that they plan to trench and bore the cable down Second Street from the beach to the Greenbelt. I also understand that the company only plans to patch the pavement, rather than repaving the street. This is unfortunate since the street will only continue to further deteriorate. Trenching and patching severely reduces the street's lifespan. Patches lead to uneven aging of the street, which creates additional maintenance problems and resident dissatisfaction. Additionally, a heavily patched street makes it more noisy and rough, and frustrates drivers. It would be an unfortunate situation to allow Second Street to deteriorate further by letting TyCom just patch it. This is especially so, since the City has spent a considerable amount making Second Street a showcase thoroughfare, with underground utilities over much of it, two stop lights, and extra -wide sidewalks and roadway. As an example of a similar project, when Adelphia placed its fiberoptic cable down Second Street, they did a good job of trenching, boring and slurry -mix patching. But the patches are there and noticeable. They have made the street look and feel worse, and I expect that the TyCom project will do the same. Adding more patches will just exacerbate the problem. The bottom-line is that I would recommend TyCom repave the street after trenching. I would recommend an asphalt overlay rather than reconstruction of the street, to bring it back to a good condition and increase it's lifespan. Ultimately, this will save the City money in maintenance and future repaving. Thank you for your consideration. Sincerel Charlie Cheatham SUPPLEMENTAL INFORMATION S a Cost/Benefit Summary Costs Related to Environmental Impacts Responsible Party Costs to City Marine Segment 1. Advance construction notification TyCom• 0 2. Monitoring cable installation TyCom 0 3. Survey of marine alignments TyCom 0 4. Temporary disruption of ocean City Indirect: Cost offset by lease 5. Un-mitigatable air quality emissions TyCom 0 6. Impacts on ocean bottom and ocean TyCom 0 7. Loss of commercial fishing TyCom 0 8. Monitoring of the cable following installationTyCom 0 Beach Segment 1. Advance construction notification TyCom 0 2. Monitoring cable installation (arche/paleo) TyCom 0 3. Temporary disruption of beach, the Strand and bike lanes City Indirect: Cost offset by lease 4. Short-term construction noise generated City Indirect: Cost offset by lease 5. Construct and remove staging areas TyCom 0 6. Impacts to lifeguards TyCom TyCom will provide for additional lifeguards during construction 7. Monitoring of the cable following installation TyCom 0 8. Reburial of cable if it becomes exposed TyCom 0 9. Maintenance of beach, pier, bathrooms and existing improvements City Current County costs: $60,000/year, future costs offset by lease Terrestrial Segment 1. Advance construction notification TyCom 0 2. Monitoring cable installation, arche/paleo• TyCom . 0 3. Temporary disruption of the streets and bike lanes TyCom 0 4. Short-term Noise generated TyCom 0 5. Traffic/parking inconveniences City Indirect: Cost offset by lease 6. Construct and remove staging areas TyCom 0 7. Monitoring of the cable following installation TyCom 0 8. Trenching of streets TyCom 0 9. Replacement of street to pre -construction condition, slurry seal, crack seal TyCom 0 10. Reconstruction of streets of impacted area beyond slurry seal, crack seal City Current costs: $45,000/year, future costs offset by lease 11. Maintenance of existing streets improvements City Current costs: $1,000,000/year, future costs offset by lease Other 1. Processing application TyCom 0 2. Preparing of EIR TyCom & City City costs offset by lease 3. Preparing the lease TyCom & City City costs offset by lease 4. Legal fees TyCom City costs offset by MOU 5. Pennits TyCom 0 6. Inspections TyCom 0 7. Retirement of the system TyCom 0 Benefits Responsible Party Compensation to City Beach Related Improvements I. Initial License fee TyCom $1,000,000 2. Payment for bathroom upgrades and new bathroom (2002) TyCom $900,000 3. Annual rent: Year one (2002) TyCom $300,000 4. Annual rent: years 2-25 (2003-2027) TyCom • $7,200,000 Total $8,400,000 cd.tycom.cost/tx:nefit analysis SUPPLEMENTAL INFORMATION 5a r/�+/ •l ecology and environment, Inc. 00134611B0205 19. Cumulative Impacts the waterfront and improve access; improve cluster retail activities; integrate new development into the fabric of the existing neighborhood; and enhance gateways, the beach, streetscape connections, and parking facilities. No specific proposals have been identified, but the City plans to be the catalyst for redevelopment, with visible improvements in the streetscape of Harbor Drive, Catalina Avenue, and The Strand. Installation of the cable in the existing right-of-way will not preclude redevelopment of the area. The EIR for the "Heart of the City" plan is being developed. Therefore, the actual construction likely will be phased over a period of time, as financing becomes available. Although the proposed project may contribute to a cumulative impact that could be associated with this plan, such impacts are speculative at this early stage in the planning process. 19.2.2 Marine Projects Considered The marine projects considered include existing and planned cable projects in California, in addition to other applicable marine programs and projects that may have impacts similar to those of the proposed project. 19.2.2.1 Existing and Planned Marine Projects The proposed cable will cross several existing and planned cable projects in California enroute to Oregon and Hawaii. • Construction of the proposed cable in areas of existing cables may contribute to cumulative impacts on the natural marine environment. The list of cable projects was obtained from TGN's Final Preliminary Report PHASE A Kahe Point, Hawaii to Hermosa Beach, California; Twin Rocks, Oregon to Hermosa Beach (TyCom Global Network [TGN] 2001) and from consultations with SLC (Dugal 2001). Table 19-2 identifies the retired, active and planned cables crossed by the proposed project. Figures 19-1 and 4-4 show the locations of these cable projects. The presence of the multiple cables up and down the California Coast contributes to potential cumulative impacts on fishing. Fishers are discouraged from trawling in areas where there are unburied cables, as discussed in Section 8. The presence of many cable projects could decrease the areas in which trawling could occur. Therefore, all of the cable projects crossed, aside from the coaxial and retired cable projects, could contribute to cumulative fishing impacts. Global West has two segments of its festoon project that cross Santa Monica Bay and land at Manhattan Beach. This project is described in Final Environmental Impact Report for Global West Fiber Optic Cable Project (SAIC 2000). Construction of this project is ongoing, but is anticipated to be completed before construction of the proposed project. Global West is conducting post -lay burial on Segment G, Section 2—the Manhattan Beach to San Diego route (Dugal 2001). The proposed project will cross Global West's Segment 6 in two locations within Santa Monica Bay, approximately 10 kilometers (6.2 miles) offshore. Given the timing of the proposed project and the locations of the crossing points, the two projects could contribute to cumulative impacts to marine biological resources, marine use, land use, and recreation. SUPPLEMENTAL INFORMATION 19-6 :Tv ecology and environment Inc. 19. Cumulative Impacts Table 19-2 Other Retired, Active, and Planned Cables Crossed in California by the Pro • osed Pro ect In -Service Date! Name Status Maintenance Purpose Authorities Route Segment 4 Southern Cross (Segment D) Active 2000 — MCl/WorldCom Telecom Transoceanic cable ring with segments from Honolulu, Hawaii, to Pacific City, Oregon, and from Spencer, Hawaii, to immediately north of Montana de Oro, California Global West (Segment G) Under construction 2001— Global Photon Telecom Festoon system with segments from Santa Barbara to Manhattan Beach, California and Manhattan Beach to San Diego, California HAW -1 (2 crossings) Active 1957 — AT&T Scientific Point Arena, California, to Hanauma Bay, Oahu HAW -2 Active 1962/ Iris Ocean Cable Scientific San Luis Obispo, California, to Makaha, Hawaii PAC -1 Active 2000/Global Crossing Telecom Grover Beach to Tijuana Segment 5 HAW -1 (2 crossings) Active 1957 — AT&T Scientific Hawaii — United States Mainland No. 1: Point Arena, California, to Hanauma Bay, Oahu HAW -2 Active 1964/Iris Ocean Cable Scientific Hawaii — United States Mainland No. 2: Coaxial cable system from Hawaii to the San Luis Obispo region HAW -3 Retired 1974/AT&T, Hawaii Tel. Co. Scientific Hawaii — United States Mainland No. 3: Coaxial cable system from Hawaii to the San Luis Obispo region HAW -4 Active 1989/Concert, Hawaii Tel. Co. Telecom Hawaii — United States Mainland No. 4: Point Arena, California, to Makaha, Oahu HAW -5 Active 1993 — AT&T Telecom Hawaii — United States Mainland No. 5: Keawaula, Hawaii, to Montafia de Oro near San Luis Obispo, California TPC -4 Active 1992/Concert, TCI, KDDI Telecom Manchester, California, to Port Alberni, Vancouver TPC -5 Active 1995 — AT&T Telecom Two cables — Montafia de Oro, California, to Hawaii and Montana de Oro, California, to Bandon, Oregon Southern Cross (Segment D) Active 2000 — MCl/WorldCom Telecom Transoceanic cable ring with segments from Honolulu, Hawaii, to Pacific City, Oregon, and from Spencer, Hawaii, to immediately north of Montafia de Oro, California 001346HB0205 19-7 ecology and environment, inc. 19. Cumulative Impacts Table 19-2 Other Retired, Active, and Planned Cables Crossed in California by the Pro • osed Pro'ect Name In -Service Date/ Status Maintenance Purpose Route China — US (Segment E-2 Crossings, Segment N9, and Segment ST) Installed 2001— AT&T, ITDC, CT, NTT, KT, KDDI Telecom San Luis Obispo, California, to Tanguisson, Guam, and Chikura, Japan, to Bandon, Oregon Japan — US Active 2000 — AT&T and MCl/WorldCom Telecom Transoceanic ring, with one segment from Japan to Point Arena, California, another segment from Point Arena to Montana de Oro, and another segment from Montana de Oro to Hawaii Global West (Segment G) Under construction 2001- Global Photon Telecom Festoon system along California Coast with segments from Santa Barbara to Manhattan Beach and from Manhattan Beach to San Diego PAC 1 Active/ Portion to be re-laid 2000 — Global Crossings Ltd. Telecom North -south cable system with one segment from Grover Beach to Tijuana, Mexico PCI (Segments E and S) Active 2000 — Global Crossings Ltd. Telecom Transoceanic cable ring with segments from Grover Beach, California, to Seattle, Washington, and Grover Beach, California, to Hawaii San Francisco — Honolulu Retired Unknown Telecom Unknown Key: Telecom = Telecommunications Sources: Submar.ne Cables of the World: AWG Eastern Pacific and Western Pacific AWG, http://www.iscpc.org/cabledb/epac page.htm and http://www.iscpc.org/cabledb/wpac page.htm; Dugal 2001. In addition to the existing and probable projects listed in Table 19-2, there is a federal moratorium on groundfish fishing in an area southwest of Santa Monica Bay. The Cowcod Conservation Area was designated in 2001 to protect cowcod from incidental harvest. Two Cowcod Conservation Areas (CCAs), the Eastern CCA and the Western CCA, in the Southern California Bight, were delineated to cover key cowcod habitat and known areas of high catches. A two-year moratorium restricts fishing for groundfish within the CCAs, with the exception of nearshore rockfish, cabezon, and greenling, which may be taken from waters where the bottom depth is less than 20 fathoms (36.9 meters); (Federal Register [FR]: January 11, 2001, 66, No. 8). Therefore, the groundfishing moratorium could further reduce the area to be fished and could contribute to cumulative fishing impacts. The potential cumulative fishing impacts are discussed in Section 19.3.5. 001346180205 The risk of whale entanglement increases with each cable project if unburied - portions of cable span areas of high relief or if fishing gear is entangled in the cable. Section 8 describes the issues surrounding whale entanglement. All cable 19-8 31IdOid 318V0 aN3 32:1OHS OIdIOVdSNV iI NOl J 111NI O N1 ON111 fl1NO3 7—END OF PIER THE STRAND WALL MLLW SEAFLOOR 1m BURIAL DEPTH 2 DIRECT BURIED CABLES 2m BURIAL DEPTH 2 BURIED CABLES W/ SPLIT PIPE ARMOR 3m BURIAL DEPTH BORE 311.J02id 318V3—N91 N C-) D r- 7.1 m Z .71 in 0 0+500 0+400 0+300 0+200 0+ 100 0+000 BMH AT 2ND ST. — 5m — Om — —5m — —10m SUPPLEMENTAL r INFORMATION 1 STAGING AREA A OCEAN GROUND BED 230 THE STRAN PULLING WINCH 212 r '4; TH1 'AND e:7 SIR BMH REVISIONS: W PERMIT ISSUE R. GENERAL REVISIONS C. GENERAL REVISIONS NOTES: THIS SITE ARRANGEMENT IS SHOWN FOR REFERENCE PURPOSES ONLY. THE ACTUAL SITE LAYOUT SIAV VAR, OW= PREPARED FOR RECORD APPROVED FOR OUTSIDE NAM erg.mept WWI GRIMM MY WW1 flIPOr BIRC PROPRIETARY PuRRIANT PWINPANY SWUM. SPECIFICATION ESTIMATE OWNERSHIP- LRJE COVE CABLE 0,1 SCALE 25. =========== TGN TRANSPACIFIC HERMOSA BEACH, CA SHORE END OPERATIONS SHORE END CABLE INSTALLATION 2ND ST LANDING SITE TGN-902 SUPPLEMENTAL INFORMATION ©2001 Ecology and Environment, Inc Figure 19-I TyCom's Proposed Marine Routes and Existing or Planned Fiber Optic Cable Systems Off the California Coast .HCULUb.1 SUPPLEMENTAL INFORMATION I 1 ti` Proposed TyCom cable routes JAPAN — us YGOOOINp TPC.4 (Seg. etJ VII Other cable routes 39' IlikWilli i.' lege_ if `\ NAW -4 till fONOYA _ f OLANO IVI* 38' �\ OA"41111 ' CONTRA100 Mile: COSTA PI 10111111"". \ \, \ ! 0 t00KM AlAMEOA le �� \o \;� i eAN Approximate scale ATEA 40' fA01T1U! 37 f0 �`- es`� \ d fi MONTEREY ••\ m WIC Non° \`\ \ _ f I os (Seg. 7) \ �_� �� ; , \ .m �� f 091!.0 ``\, NI 35' _. _.. F�sn`IS� SO ‘ `al im SANTA ERN �ap5 gING (5e9D) \ \ �` SL11iA 8 !OI ANflllt :'::: ard elm 34' - �ApPN US NA�J,3 \ �` a c t f i c 00♦`' BeEteanwa �• ' q' eac ORANGE O e a n Ot .Oeeenelde SAN 01[00 33' 127' 127' 127' 126' 125' \ 124' \\ 123' 122' 121' .-`��. 120' 119' 118' ;San 117' Diego - Mexico 1 s' 116' ©2001 Ecology and Environment, Inc Figure 19-I TyCom's Proposed Marine Routes and Existing or Planned Fiber Optic Cable Systems Off the California Coast .HCULUb.1 SUPPLEMENTAL INFORMATION IJ Honorable Mayor and Members of The Hermosa Beach City Council Recommendation: November 27, 2001 Regular Meeting of December 11, 2001 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM 2001-02 THROUGH 2005-06 It is recommended that City Council approve and accept the attached report as a planning document to be used during budget preparation encompassing the period fiscal year 2001-02 through 2005-06. Public Works Commission The Five -Year Capital Improvement Program was reviewed at the Public Works Commission meeting of October 10, 2001 and recommended for approval by the City Council. It should be noted that the Sub -Committee provided valuable input used in the preparation of the Program. Background: The focus of this Capital Improvement Program (CIP) is on sanitary sewers, storm drains, streets, signals & lighting, parks and public buildings and grounds improvement projects and their respective funding sources. The plan encompasses the period beginning fiscal year 2001- 02 through 2005-06 for all City departments. The CIP is organized in the following manner: Section 1 Summary of five-year plan of major Capital Improvement Program Projects Section 2 Summary of Proposed Funding Section 3 Project Detail Sheets - Each sheet includes a description of the work proposed and proposed funding sources, the category of improvements and whenever appropriate, a map showing the location of the project. Please note that the proposed plan is quite dynamic. Projects proposed in one fiscal year will most likely straddle the following fiscal year, thereby offsetting the program schedule. Also, it is very likely that additional projects will be'recognized, creating a major shift in the plan. The 2001-02 capital improvement budget represents the first phase of the 2001-06 Five -Year Capital Improvement Program. The budget for this phase was approved by City Council on June 26, 2001. 6a • • Fiscal Impact None. At this time, Staff is recommending that the CIP, which is a long-term financial, plan, be adopted but not funded. The Capital Improvement Program budget will be adopted along with the City's annual operating budget in June. Attachment: Five -Year Capital Improvement Program Report Respectfully submitted, Concur: /Harold C. Williams, P.E. Step R.:urrell Director of Public Works/City Engineer City Manager 2 F:1B951PWFILESICCITEMSl5-year cip report 12-11-01.doc A COPY OF THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM IS AVAILABLE FOR REVIEW IN THE PUBLIC LIBRARY, PUBLIC WORKS DEPARTMENT AND CITY CLERK'S OFFICE Honorable Chairman and Members of The Hermosa Beach City Council November 29, 2001 Regular Meeting of December 11, 2001 REQUEST FOR STOP SIGNS ON ARDMORE AVENUE AT 16TH STREET TO CREATE A 3 -WAY STOP Recommendation: It is recommended that the City Council uphold the Public Works Commission decision to deny the request to install stop signs on Valley Drive at 16th Street to create a 3 -way stop. Summary: A former crossing guard and residents in the vicinity of the intersection of Ardmore Avenue and 16th Street have expressed concern for traffic safety at this intersection. They have requested that the City install stop signs on Ardmore Avenue at 16th Street to address their concerns. Please refer' to Attachment 1. The Public Works Commission heard this matter on November 14, 2001. The Commission denied the request for the following reason: The warrant criteria for a 3 -way stop are not satisfied and there are no unique circumstances indicating that a 3 -way stop is needed. Please refer to the attached excerpt from the minutes, Attachment 2. On November 27, 2001 Council directed Staff to agendize this item for Council consideration. Analysis: In response to the request for a 3 -way stop, Staff monitored the intersection and conducted a technical analysis to determine if a 3 -way stop is warranted according to the standard Caltrans criteria. The analysis involves an assessment of traffic volumes, accident statistics, vehicle delay, and pedestrian activity. The Caltrans guidelines suggest certain threshold values that should be used in the decision- making process in order to provide consistency throughout a community and throughout the state. The warrant criteria and the actual measured values for the intersection of Ardmore Avenue and 16th Street are shown below. Warrant Criteria Threshold Value Measured Value (AM/PM Peak Hour) . Threshold Exceeded Accidents per Year 5/year 1 No Total Traffic at Intersection 500 vehicles/hour 549/486 Yes/No Minor Street Vehicle & Pedestrian Volume - 200 vehicles & pedestrians/hour 114/89 No/No Delay (during peak hour) 30 sec/veh (average) 10/7 No/No As shown on the table, the traffic volumes are above the state -recommended thresholds only for the total volume of traffic passing through the intersection during the AM peak hour. The total traffic volumes during the PM peak hour are below the threshold. The combined traffic and pedestrian volumes entering the intersection from the minor street (16th Street) are below the thresholds for both the AM and PM peak hours. According to the guidelines, the values for the total traffic and the minor street traffic should both be above the thresholds to justify the installation of a 3 -way stop. Furthermore, the state guidelines indicate that the thresholds should be exceeded for eight hours of the day. At this intersection, the 61 • • thresholds are not exceeded even for the peak hours of traffic activity. A 3 -way stop would not, therefore, be warranted based on the state guidelines. It should be noted that the Caltrans criteria and thresholds are not hard-and-fast rules but are guidelines that should be used in the decision-making process. It is sometimes acceptable to install a 3 -way stop if there are unique circumstances that clearly indicate that a 3 -way stop would be advantageous. At the intersection of Ardmore Avenue and 16th Street there are some visibility constraints associated with the parking structure on the southeast corner and the building on the northeast corner. Motorists stopped at the stop sign on 16th Street must edge forward to see the oncoming traffic on Ardmore. This was not observed to result in a safety problem, however, because the drivers can readily observe the oncoming traffic prior to proceeding into the travel lanes on Ardmore Avenue. As parking is prohibited on Ardmore, there are no parking -related visibility constraints. Another unique situation associated with the Ardmore/16th Street intersection is that school-age pedestrians cross Ardmore at this location. It was observed that up to 50 pedestrians cross Ardmore Avenue at this location at the beginning and ending of each school day. If a crossing guard were not present, this level of pedestrian crossing activity may constitute a safety problem and stop signs may be justified. The crossing guard, however, effectively stops the oncoming traffic to create a safe' crossing environment for the pedestrians. While stop signs would make it easier for the crossing guard to stop the vehicles on Ardmore, the additional stop signs would require all motorists to stop at this location throughout the day and night, thereby resulting in additional delays for thousands of motorists, increased emissions, increased noise levels, increased fuel consumption, and an additional nuisance for motorists on this arterial roadway. In summary, the conclusion of the analysis is that it would not be warranted to install stop signs on Ardmore Avenue at 16th Street to create a 3 -way stop. The warrant criteria for a 3 -way stop are not satisfied and there are no unique circumstances indicating that a 3 -way stop is needed. The Staff recommendation, therefore, is for the Commission to deny the request to install stop signs on Ardmore Avenue at 16th Street to create a 3 -way stop. Alternatives: 1. Approve Staffs recommendation. 2. Approve the request to install stop signs on Ardmore Avenue at 16th Street to create a 3 -way stop and adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DESIGNATING THE INTERSECTION OF ARDMORE AVENUE AND 16TH STREET AS A THREE-WAY STOP CONTROL INTERSECTION". 3. Take no action. Fiscal Impact: Funds for the installation of the required signs and markings are available under the current Operations and Maintenance budget for Street Maintenance. . Attachments: 1. Residents' letters and supporting information 2. Public Works Commission Meeting Minutes Excerpt 3. Site Location Map 4. Draft Resolution 2 Respectfully submitted, Richard D. Garland, P. Contract Traffic Engineer Michael La\ Chief of Poli rold C. Williams, P.E. Director of Public Works/City Engineer 0 J Step f�e II City ager F:\B95\PWFILES\CCITEMS\ardmore & 16th stop sign 12-11-0t_doc 3 To: M2. 1-lA1d Williams . .The uidersigaed certify that they are residents. of Hermosa Beach and would like to see"a Stop Sign i-nst:alled at the corner of 16th Avenue and Ardmore. This intersection is (NO r.f-F11, g sbui extrem'el'y busy and it is unsafe to cross, especially for children crossing to Hermosa o n ,¢ rd plo t Valley School directly across the street. This is amain cross walk for Valley students. There have also been a number of citations issued by Hermosa police for speeding and running through the marked cross walk with pedestrians present. As concerned citizens, we respectfully ask that the city expedite the installation of a stop sign at this site. Thank You for your consideration in.this matter. Z'tre h een C r^os&' i• lt Gu.ar.1 .04 ±his- S i fG For q mond-hs . have ) 1-1-1-n < d-- c j O S c Ca I LS- . op-. Q :c ct .de n -'S :(4 r(SI h o n v. s i n cer) ATTACHMENT 1 ,• .3.505 • • The undersigned certify that they are residents of Hermosa Beach and would like to see a Stop Sign installed at the corner of 16th Avenue and Ardmore. This intersection is extremely busy and it is unsafe to cross, especially for childrencrossing to Hermosa Valley School directly across the street. This is a main cross walk for Valley. students. There have also been a number of citations issued by Hermosa police for speeding and running through the marked cross walk with pedestrians present. As concerned citizens, we respectfully ask that the city expedite the installation of a stop sign at this site. Thank You for your consideration in this matter. Name Address 1. Cil t C U Li, tIM1" !,I M k 4180 CI .h, 3. M i th '\(i- - . kldt) AarilOYeAV6# �k� HB 4. gea incofe e 600 Ar-4wcorc Y\re #! 3/ HB Signature 5.. XC— ' nJ 6--7,2 iv t 0.0-> BB ,E; ae. : pity ' HB j box A/dftra/-e.»V - /33 HB l6co' 1 ce- lot BB lC/50- 4 /6t L t x C (T c.A,-e„v-) HB i vU ri , 'h# 1p -i- HB. 160 0 Ar t.te-re it2w e. tt 10 g HB 13 MoLC.obet- 160i?Arc.wtore Jefllo -j$ . 14. FAtottcTT Lt Blum 1 E;oo 'gats B y„ ( 15.. is / o i s -e Li . e a l i c,)' // /t v c Arc " i*y'7 �e 16. 44-0ce3(e jvoo AAOM1)""*r-.30 y HB 17. ell/PeG'-r Srehec1ZJ l G �' 4'�/ee 18. SotfNy [GovARyMo2E'r4Us HB 19. 1Zot3.1; ilw ilat)0,4M HB D ✓ Ar 21. l-Ct c. 9 ( l� , l S is Ll t� 1��, ,dc' /12o,.cci-,: i 2/.2/ ," /t '- 3 rt 31 HB 23. j 24. 25.. 26. 27. 28. boo AfrAmc-Q. Avt *17-3 HB BB HB MB HB HB 6. Items for Commission Consideration a. Request for stop signs on Ardmore Avenue at 16th Street to create a three-way stop Traffic Engineer Garland gave a staff report which reviewed the request. He indicated that a 3 -way stop would not be warranted based on the state guidelines. He further stated that any visibility constraints at the intersection were not observed to result in a safety problem. He also said that the crossing guard effectively stops the oncoming traffic to create a safe crossing environment for the pedestrians. Also, additional stop signs would require all motorists to stop at this location throughout the day and night, creating delays for motorists, stacking traffic back toward Pier Avenue, increased automobile emissions, noise and fuel consumption along with a nuisance to drivers on Ardmore Avenue which is an arterial roadway. The staff recommendation, therefore, was for the Commission to deny the request. Tom Bradley, 1720 Ardmore Avenue Mr. Bradley expressed concern with the safety of the children crossing the street. He said drivers are moving very fast in the morning and are disrespectful to the children crossing. He also pointed out that every other intersection up through 21st Street onto Artesia Boulevard has a stop sign on Ardmore Avenue. He asked the Commission to consider the 3 -way stop at le Street and Ardmore Avenue over and above the state guidelines. He further requested that the Commission follow-up with Officer Wolcott. In response to Commissioner Winnek, Mr. Bradley informed that there have been incidents when drivers have gone through the crosswalk with children and a crossing guard present. Cynthia Bradley, 1720 Ardmore Avenue Ms. Bradley indicated that she is a former crossing guard at the intersection but recently quit due to the danger at the intersection. She said that she was hit twice, and that drivers would creep through the crosswalk, even when she was present in the crosswalk. She suggested that a stop sign be installed with a line far back from the crosswalk indicating where to stop. She also informed that drivers would turn right into the crosswalk while she was crossing with children in the crosswalk. Lynn Clemons, 838 15th Place Ms. Clemons expressed concern with the high speed of traffic on Ardmore Avenue and stated that the use of crosswalks needs to be enforced with stop signs. - She believed that a 3 -way stop would be reasonable or a stop system operable during the school hours in the mornings and afternoons. ATTACHMENT 2 Christina Marziali Ms. Marziali expressed concern for the disrespect shown for the safety of children and pedestrians and questioned drivers' priority of inconvenience over safety. She believed that there is a problem at the intersection of Ardmore Avenue at 16th Street and a stop sign is necessary. Commissioner Koch stated that he is in favor of a stop sign based upon the number of signatures on the petition, the measured value being close to the 500 vehicle/hour threshold, and cars having to edge forward due to visibility constraints. In response to Commissioner Lombardo, Ms. Clemons responded that she believed it would be necessary to have a stop sign present over and above the peak hours due to the area being used as an additional route for pedestrian traffic. Commissioner Lombardo pointed out that a crossing guard has been killed in the City. In response to Commissioner Winnek, Traffic Engineer Garland explained that unique conditions requiring a stop sign would include visibility constraints such as a curve or hill, narrow sidewalk with buildings right up to the back of the sidewalk, vegetation, telephone poles, etc. He also informed that the measured traffic took place during weekday hours. Commissioner Winnek questioned traffic respecting a stop sign, as traffic is currently not respecting a crossing guard. He believed that the problem might be enforcement issues. He also said there may soon be additional traffic in the area due to the anticipated construction in Redondo Beach, and a stop sign may need to be considered in the future. He concurred with the Traffic Engineer at this point to deny the stop sign but suggested that Public Works contact the Police Department regarding this intersection. Vice -Chairman Cheatham stated that the intersection, from a visibility standpoint, does not seem to be a dangerous intersection. He also said that there is a high pedestrian count at the intersection; however, the other intersections along Valley and Ardmore may also have high pedestrian counts. He said that Valley and Ardmore were designed to be thoroughfares for the City and putting stop signs at almost every intersection would defeat this purpose. He also pointed out that the City has one of the highest densities of stop signs in Los Angeles County. He suggested installing a pedestrian activated signal, and seeking a grant to pay for this device. In response to Commissioner Lombardo, Director Williams stated that temporary stops are not installed, as they generally become permanent stops and are difficult to remove. He also said if the 3 -way stop were supported, it would go to City Council for final approval and would also go to the Police Department for their comments. • • MOTION by Commissioner Koch to accept the request to install stop signs at the intersection of Ardmore Avenue and 16th Street, due to the comments from the public, total traffic at the intersection and visibility constrains. Seconded by Commissioner Lombardo. Prior to the vote: AMENDED MOTION by Vice -Chairman Cheatham that a pedestrian -activated light at the intersection be installed. Amended motion failed with no second. Original motion failed with the following vote: Ayes: Koch, Lombardo Noes: Cheatham, Winnek Absent: Keegan Abstain: None MOTION byVice-Chairman Cheatham to recommend that a pedestrian -activated si9 nal be placed at the intersection of Ardmore Avenue and 16th Street and that the City seek grant money for its funding. Prior to the vote: Commissioner Koch expressed concern with receiving funding for the signal and believed it would be difficult to receive it in a timely manner. Motion failed with no second. Director Williams informed that the public has the option to appeal this item to the City Council. b. Request for stop signs on 20th Street at Valley Park Avenue to create a three-way stop Traffic Engineer Garland gave a staff report which noted that the traffic volumes are well below the state -recommended thresholds to warrant stop signs at the intersection of 20th Street and Valley Park Avenue. He said there are some visibility constraints at the intersection due to some vegetation blocking visibility and vehicles parked along the shoulder of 20th Street. While these constraints result in restricted visibility, the situation is not considered to constitute an accident risk because there have been no reported accidents at this location in recent years. He said staff recommendation is for the Commission to deny the request. Commissioner Lombardo suggested that a signage program similar to that in effect in the City of Manhattan Beach be developed to make people aware that there are children present with a school nearby. �i M,•I tT ♦„ i I 4 �..0 am Ie:Q ? Are 7 • ..�:.} t: a9'•r ' S • "•''S,•;.• -n R • ;;°ii RI iyZtt.kiii ti•,..44;1::54.44, x ~dst. •. �t • �' Sri + '•��� t„• xy.*,f.''•g'' i. ';1 .n` • '"4 �.1..r � + 7�.tiCr 'V i i+1V�ti,� 4��a 6Y� �wJ••:C� +r #. ' o ✓{ ;�1 i�:Y i i infiT+,il t�^+i`':1 %�: i`�ryj„w. 4,ry+•i$iiy 5..,....,:i": �1"t:""'A°"` '� I.TG ,'•wV'y - .ri , rMx rJw ^C� '" i ti.":: "e7111. %. .74'.s ; .1::X•1',-��:5 f �i• i•4'� ,s `S. 1•!1Y,r o�tf. L 7 ' ,t A"r;� Gi� RJr'J1rr44t4 rf�'}„f`r':1.L"",:!i•'.. 5�.. iy;wnyi;'�I;f . .:i .µ1,',;Lt..q:., 1 3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE INTERSECTION OF ARDMORE AVENUE AND 16TH STREET AS A THREE-WAY STOP CONTROL INTERSECTION. WHEREAS, the City Council of the City of Hermosa Beach, California, intends to continue to improve public convenience and safety, and WHEREAS, the City Council finds that there is particular danger to motorists and pedestrians crossing at the intersection of Ardmore Avenue and 16th Street. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the intersection of Ardmore Avenue and 16th Street is designated as "Three -Way Stop Control Intersection" and the Director of Public Works is hereby authorized to erect stop signs at all approaches to said intersection. SECTION 2. That the Director of Public Works is authorized to remove all conflicting signs and curb markings. SECTION 3. This resolution shall not become effective until appropriate signs giving notice of such three-way stop have been erected. PASSED, APPROVED and ADOPTED this 11th Day of December, 2001. ATTEST: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California , CITY CLERK , CITY ATTORNEY APPROVED AS TO FORM: F:\B95\PWFILES\RESOS\three-way stop control at ardmore & 16th 12-11-01_d ATTACHMENT 4 „fy&I-1 CIeY OF HERMOSA BARCH COMMUNITY RESOURCES DEPARTMENT /PA/ 710 PIER AVENUE HERMOSA BEACH, CA 90254 TRANSMITTAL/MEMORANDUM TO City Council and City Manager FROM: Colette Portela, Administrative Assistant ORGANIZATION/DEPARTMENT: DATE: 12/11/01 PHONE NUMBER. TOTAL NO. OF PAGES INCLUDING COVER: 2 I'AX NUMBER: PI -LONE NUMBER: 310-318-0280 RE: Addendum to Item 6c (Saint Patrick's Day Parade & Festival) FAX NUMBER: 310-3724333 NOTES/COMMENTS: Please replace page two of Agenda Item 6c with the attached page. We have bolded the change that was made. SUPPLEMENTAL INFORMATION C • Closure of 11th St. from Hermosa Avenue to the parking lot entrance from 7:00 am Saturday, March 16th to 7:00 pm Sunday March 17th' Approval for committee to utilize TULIP program for insurance coverage in the amount of two million dollars. Background On November 29, 2001, staff received a request for a special event permit from the SBSPCD to hold their 7th Annual St. Patrick's Day Parade and Festival. At the December 4, 2001, Parks, Recreation and Community Resources Advisory Commission, approved the request to hold the St. Patrick's Day Parade and Festival on March 16 & 17, 2002. Attachments B -D contain the event outline, budget and site plans. Analysis The parade staging area will be located on Valley Drive from Pier Avenue to 8th Street using: • City Hall Parking Lot, • Valley Drive, • the Greenbelt, and • beyond 8th Street on the Greenbelt Parking Lot. This staging area plan has worked successfully in past years to minimize the impacts of street closures by confining operations to the south side of Pier Avenue. The parade route will begin on Valley Drive and.Pier Avenue and will proceed westbound to Hermosa Avenue where it will turn southbound (on the east side of Hermosa Avenue) and end at 8th Street. As a two-day event, staff recommends vendor booths, the kiddy carnival and petting zoo, and the festival be located as follows: • Pier Plaza • 11th Street west of Hermosa Avenue to Beach Drive and Parking Lot A. • Two stages at Pier Plaza — one at the Pier Head and one near Hermosa Avenue. Since street closures are determined solely by City Council, staff and Commission defer that decision to Council. 2 December 3, 2001 Honorable Mayor and Members of The Hermosa Beach City Council Regular Meeting of December 11, 2001 SAINT PATRICK'S DAY PARADE AND FESTIVAL: SATURDAY, MARCH 16 AND SUNDAY, MARCH 17, 2002 Recommendation The Parks, Recreation and Community Resources Commission and staff recommend that Council: 1. Approve the request from the South Bay St. Patrick's Day Weekend Committee (SBSPDC) to hold their annual Saint Patrick's Day Parade on March 16, 2002. 2. Approve the event contract (Attachment A) and street closures as requested. 3. Approve fee waiver/funding requests as follows: Waiver of Clark.Building rental fees for the Committee's fundraising "Hooley" on Saturday, March 2, 2002 (excluding direct staff costs). $15,000 allocation from the Downtown Enhancement Fund for Parade expenses (currently listed in the FY 01-02 budget). $2,000 from Proposition A Transportation Funds for shuttle bus service from the Mira Costa parking lot to the Festival. • Waiver of: parking fees, banner fees, and amplification permit fees. • Billing for Police, Fire and Public Works services at actual hourly cost. • Approval to utilize the City Parking Lot A for a Kiddy Carnival and Petting Zoo and l lin Street between Beach Ave. and Hermosa Ave. for a Food Court. • Approval to utilize the Pier Head, if open, for the Main Stage. • Closure of Valley Drive from 8th St. to Pier Ave. from 7:00 am to 1:00 pm Saturday, March 16th for parade line up. • Closure of Hermosa Avenue from 13t''. St. to 8th St. from 10:00 am to 12:30 pm Saturday, March 16th for the parade. Closure of 11`h St. from Hermosa Avenue to the parking lot entrance from 7:00 am Saturday, March 16th to 7:00 pm Sunday March 17`h • Approval for committee to utilize TULIP program for insurance coverage in the amount of two million dollars. Background On November 29, 2001, staff received a request for a special event permit from the SBSPCD to hold their 7`h Annual St. Patrick's Day Parade and Festival. At the December 4, 2001, Parks, Recreation and Community Resources Advisory Commission, approved the request to hold the St. Patrick's Day Parade and Festival on March 16 & 17, 2002. Attachments B -D contain the event outline, budget and site plans. Analysis The parade staging area will be located on Valley Drive from Pier Avenue to 8th Street using: • City Hall Parking Lot, Valley Drive, the Greenbelt, and beyond 8th Street on the Greenbelt Parking Lot. This staging area plan has worked successfully in past years to minimize the impacts of street closures by confining operations to the south side of Pier Avenue. The parade route will begin on Valley Drive and Pier Avenue and will proceed westbound to Hermosa Avenue where it will turn southbound (on the east side of Hermosa Avenue) and end at 8th Street. As a two-day event, staff recommends vendor booths, the kiddy carnival and petting zoo, and the festival be located as follows: • Hermosa Avenue from Pier Avenue to 8th Street (south) and 13th Street (north). • 11`h Street west of Hermosa Avenue to Beach Drive and Parking Lot A. • Two stages at Pier Plaza — one at the Pier Head and one near Hermosa Avenue. Since street closures are determined solely by City Council, staff and Commission defer that decision to Council. Fiscal Impact: $15,000 allocation from the Downtown Enhancement Fund $2,000 allocation from Proposition A Funds $ 300 Administration Fee deposited into the General Fund Direct costs for Police, Fire and Public Works to be reimbursed by SBSPDC. Last year's billing was $5,749.00 Attachments: A. Event Contract B. Letter of Request C. Operating and Media Budgets D. _ Diagram of Parade Route and Vendor Booths Respectfully Submitted, Mary. oney. Steph %'' . T until Director of Community Resources City Manager Viki Copeland Director of Finance r S CITY OF HERMOSA BEACH .41 CONTRACT WITH SOUTH BAY SAINT PATRICK'S DAY COMMITTEE, INC. 0 This contract is entered into on December 11, 2001 at Hermosa Beach, California by and between SOUTH BAY SAINT PATRICK'S DAY COMMITTEE, INC. (SBSPDC) a non-profit organization and the CITY OF HERMOSA BEACH (CITY), with regards to the "SAINT PATRICK'S DAY PARADE" Special Event on March 16-17, 2002. FEES - Event administration fee shall be: $300 In addition, direct costs for Police, Fire and Public Works at actual hourly costs. All predetermined fees shall be paid two weeks prior to Event. All unanticipated costs incurred by CITY on behalf of the event shall be paid within 15 days of receiving an invoice from CITY. ' CITY shall allocate $15,000 from the Downtown Enhancement Fund for this event. The funds shall be paid to SBSPDC on a reimbursement basis and shall be used first to offset all CITY fees and next to pay for professional event management services. CITY shall allocate $2,000 from Proposition A transportation funds, which shall be used solely for event shuttle bus public transportation. PARADE ROUTE & VENDOR BOOTHS Parade staging area shall be on Valley Drive adjacent to City Hall. Participants will be instructed by SBSPDC to park at the Community Center or other public lots. Busses will be permitted to park at the.southeast City Hall lot. The northeast lot shall remain available for library and general public parking. ➢ - The Parade route shall begin from City Hall down Pier Avenue to Hermosa Avenue (west -side) south to 8th Street and east to disband. ➢ - Festival vendor spaces will be located on Pier Plaza (along Pier Avenue from Hermosa Avenue to the Strand). The Kiddy Carnival and Petting Zoo will be located in Parking Lot A and the Food Court will beon 11th Street between Beach Avenue and Hermosa Avenue. ➢ Two stages with live entertainment will be on the Pier Plaza (one at Pier Head and one near Hermosa Avenue). SECURITY CITY shall provide Officers for the parade route between the hours of 8:00 a.m. to 2:00 p.m. on March 16, and Officers for the celebration activities on both days from 10:00 a.m. to 7:00 p.m. The Chief of Police shall determine the number of officers necessary to ensure event safety and traffic control. CITY shall provide two (2) Fire/Paramedic personnel for the event or as many firefighters as deemed necessary by. the Fire Chief. All costs of the Officers and Fire/Paramedic personnel shall be assumed by SBSPDC. Responsibility for unarmed event security shall be assumed by SBSPDC. 1 Attachment A • • • PARKING/BARRICADES SBSPDC will post temporary "No Parking" signs 24 hours in advance of the restrictions as required by CITY. • CITY requires SBSPDC to provide adequate signage to parking and notice to residents of 7th and 9th Courts regarding street closures. SBSPDC shall provide a shuttle bus service from a major satellite point(s) on the outskirts of or outside of Hermosa Beach. SBSPDC shall provide directional signs and advertisements, which shall be approved in advance by CITY. Temporary No Parking signs will be posted by SBSPDC: 1. Valley Drive from 8th Street to Pier Avenue from 7 AM — 1 PM, Saturday, March 16. 2. Hermosa Avenue from 14th Street to 10th Street: times to be determined. 3. 1 lth Street from Hermosa Avenue to the parking lot entrance: times to be determined. 4. Any other locations as directed by the City. CLEAN -UP The streets and Plaza shall be cleaned by SBSPDC to meet the conditions as specified by CITY staff. SBSPDC shall be responsible to provide adequate trash receptacles and portable toilets as necessary to accommodate the event. SBSPDC shall be responsible for hauling the trash collected outside CITY at end of event. • INSURANCE SBSPDC shall provide CITY with a certificate of insurance providing liability insurance naming CITY, its officers, employees, and agents as additional insured with a minimum coverage of 52 million combined single limit coverage. SBSPDC agrees to defend, indemnify and hold CITY harmless from and against any and all liability and expense, including defense costs and legal fees, caused by negligent or wrongful act or omission of the event organizers or its ,agents, officers and employees, including but not limited to personal injury, bodily injury, death, and property damage. -ADVERTISING CITY shall permit three (3) street banners to be posted for the Event. SPECIAL EVENTS CITY shall review all requests for any special events requested as part of said event. CITY shall have the right to deny all requests. MISCELLANEOUS CITY RESPONSIBILITIES CITY staff shall allow SBSPDC the opportunity to sell concession items per certain conditions. All concession items must be approved by CITY prior to the event. MISCELLANEOUS RESPONSIBILITIES OF SOUTH BAY SAINT PATRICK'S DAY COMMITTEE SBSPDC will be required to obtain an amplification permit. SBSPDC will be solely responsible for event management. 2 Attachment A • • SBSPDC will notify all affected residents/merchants about the parade and festival. Hermosa Beach merchants will have first priority to reserve vendor booth space. No food vendors will be allowed on the Pier Plaza. Merchants on lower Pier Avenue will be permitted to display wares and/or create outdoor dining areas for the duration of the event at no charge to the merchants. SBSPDC is responsible to ensure that all relevant Health Department and CITY codes are adhered to.. Twenty -foot (20') fire lanes shall be maintained in the booth areas as specified by the Fire Chief. CITY reserves the right to amend booth locations as necessary for emergency access and fire safety purposes. SBSPDC shall be responsible for posting "No Alcohol" signs prohibiting the use of alcohol on lower Pier Avenue. No items will be thrown from the parade entrants to the viewing public. A traffic control plan shall submitted by SBSPDPC at least three (3) weeks prior to the event for approval by the Public Works and Police Departments. Barricades, cones, and related equipment shall be provided and posted by SBSPDC. Detour signs shall be included in parade route areas. SBSPDC will abide by any additional policies or appropriate fees as established by CITY. - Event shall be conducted in compliance with CITY Noise Ordinances. Ordinances are on file at the Department of Community Resources. CITY RETAINS THE RIGHT TO AMEND, ADD OR DELETE ANY, CONDITION (S) OF SAID CONTRACT. .. 1 ./ CITY OF HERMOSA BEACH Mayor APPROVED AS TO FORM Date City Attorney Date DEPARTMENT OF COMMUNITY RESOURCES Director Date SOUTH BAY SAINT PATRICK'S DAY COMMITTEE Director of Operations Date ATTEST City Clerk Date 3 Attachment A EIIU7e3FI BEFIC1 Los Angeles Countys Premier St. Patrick's Day Events 1 ittp//www.stpatricksda}: org P.O. Box 1529 Hermosa Beach CA 90254-1529 (310)374-1365 fax 310)374-4972 • South Bay St. Patrick's Dar Weekend Committee A California Non Profit Corporation IRS EIN33-06503 Jean Cullen, Co -Chair J. Travers Devine, Co -Chair Thomas G. P. Hansen, Secretary/Corporate Clerk Corinne Ybarra nee Rae, Secretary/Communications Vincent Schnieltzer, Treasurer Bonnie Davis Matt Duffy Mike Ludwig Mike McLaughlin Marie Ryan Tony Sotos Virginia Scaccianoce Chuck Tipton Gina Cook -Nyman Steve Kinney Susan Preston Amy Scaccianoce Jim Fucile Steve Poirier Colleen Stanovich Abel Ybarra November 28, 2001 Honorable Kathy Dunbabin, Mayor City of Hermosa Beach 1315 Valley Drive ' Hermosa Beach, California 90254 RE: 2002.St. Patrick's Day Parade & Festival Dear Mayor Dunbabin and Members of the Council: The St. Patrick's Day & Festival Committee would like to request your approval of the enclosed proposal for our 2002 St. Patrick's Day Parade and Festival. Last year in accordance with the preferences of members of the Council,: weeliminated the vendor booths on Hermosa Avenue, reducing our vendorincome by almost $15,000. In return, the City, which previously donated $5,000 per year, increased its sponsorship of the event to a total of $15,000. It should be noted that approximately $8,000 of that City contribution was returned to the City in payment of fees, Police, Fire and Public Works overtime. As you may notice from our 2001 actual income/expense sheet (attached),' our events did well fmancially last year and we were able to contribute $1,000 to each of our four charities — two in the South Bay and two in Ireland. The major reason we did better than expected was due to the weather.- The children's carnival does very.well when we have good weather and very badly when we have cold and overcast weather. The difference can be as much as $3000.00 in profit! We are requesting a two-day event, utilizing Pier Plaza, 11th Street and the City Parking Lot. Our Committee would prefer to have vendors on Hermosa Avenue in order to be less dependent on City funding, however, should the present Council members prefer, we would restrict our event to approximately 46 vendors set up overnight, the'Food Court on 11th Street with the Parking lot utilized for the Kiddy Carnival and Petting Zoo. In the event that the Council desires last years configuration with fewer vendor booths, we are requesting $15,000 from the City as a major sponsor of the event. Attachment B • • We are also requesting $2,000 in City Transportation funds for shuttle bus service from the Mira Costa parking lot to the Parade and Festival. From our Committee's beginning in1995, we have sought to present a quality event: Parades are expensive and labor intensive. Festivals, in order to raise revenue, either have to charge an entry fee, rely on major Corporate and Civic Sponsorships or be free market vendor based. The Parade will again be its original 1995 route from City Hall down Pier Avenue to Hermosa Avenue South (on the west side of Hermosa) to 8th Street and east to disband. Pier Avenue from Manhattan to Beach and Hermosa Avenue from 13th Street to 8th Street would be closed to traffic from 10:00 A.M. to 12:30 P.M. as needed and coordinated by the Hermosa Police Department. Two stages will be placed on Pier -Plaza - one at the Pier head and one near Hermosa Avenue. The Committee will, as usual, encourage all business in Hermosa Beach to participate in the parade. 4 We are requesting. the following items for approval: • City sponsorship of $15,000 for Parade and Festival expenses. Waiver of Parking Fees, Street Banner. Fees, Amplification Permit fees and other City Fees, and billing at actual cost for Public Works, Police and Fire Department fees. Waiver of Fees and approval for the use of the Clark Building for the Committee's fundraising "Hooley" Saturday March 2, 2002. • Approval to utilize the City. Parking Lot on 11th Street for a Carnival and Petting Zoo. Approval to utilize the Pier Head, if open, for the Main Stage. Closure of Valley Drive from 8th Street to Pier Avenue from 7:00 am to 1:00 p.m. (for Parade line up) Saturday, March 16th . Closure of Hermosa Avenue from 13th street to 8th street from 10:00 am to 12:30 p.m. Saturday March 16th for the Parade Attachment • B Closure of 11th Street from Hermosa Avenue to the parking lot entrance from 7:00 A.m. Saturday March 16th to 7:00 p.m. Sunday March 17th. Approval of expenditures, not to exceed $2,000.00 from the City Transportation fund for shuttle bus service from the Mira Costa. Parking Lot to the Festival. Approval for Committee to utilize TULIP program for Insurance coverage in the amount of two million dollars. Event Outline • Event: St. Patrick's Day Parade and Festival Purpose: Celebrate St. Patrick, Irish and Irish American culture, and to promote the City and all Hermosa Beach businesses. Date: Saturday, March 16, 2002 for the Parade - Saturday and Sunday March 17, 2002 for the Festival , 4 - Time: ,Parade from 11:00 a:m. to 12:30 p.m. -Saturday March 16th and Festival from 10:00 a.m, to 5:00 p.m. both days. Location: Under the direction of Conte Productions, the Parade will step off at Valley and Pier Avenue; continue west on Pier Avenue to the east side of Hermosa Avenue where it will turn"south on the east side and continue to Eighth Street. Vendors: Open to all Hermosa Beach businesses. Irish imports, Arts and crafts booths on Pier Avenue between Hermosa Avenue and the Strand and at the base of the Pier. Cost: Parade: Free to the public. Parade Entries free for all non-profit agencies. $100.00 - $200.00 for , • business entries displaying logos and promotions Vendor space of 10' by 10' for $200.00. Parade will consist of not more than 125 entries. High School Marching Bands, Bagpipe Bands, VIP's, Clowns, Irish Dancers, etc. • Attachment B Festival: • • Two stages with live Entertainment will be at the Pier Head and at Pier Plaza at Hermosa Avenue. The Pier Head Stage will feature performances of Wrath of McGrath, The Pier Plaza/Hermosa Avenue stage will feature Colm Gallagher. Bagpipe bands, and Traditional Irish Step Dancers will also be featured on both stages The Kiddy Carnival and Petting Zoo will again be in the Parking lot on 11t'' Street with the food Court on 11th Street. Food: Participating Hermosa Beach restaurants can have outdoor sidewalk cafe seating, following all City, Health Department and ABC requirements. A limited number of fast food cart vendors will be allowed. Food vendor prices are structured to provide a substantial discount to Hermosa Beach Restaurants. Parking: Large parking signs directing cars to remote parking, will be posted at 14th Street, and Pier and at Pier Avenue and Manhattan Avenue. Professional security will be provided to'guide customers of the Mermaid and the Hotel, seeking access to Beach Drive. • Remote parking and shuttle service will be available and advertised in advance and.signs will beposted on Pacific Coast Highway and Pier Avenue;.PCH and 8th Street; PCH and Artesia Boulevard. Event Info: An Information booth will be set up on Pier. Plaza at Hermosa Avenue = and will be staffed throughout the event. Site management during the event will be provided by paid security and volunteer staff Promotion: The St. Patrick's Committee will promote the event through newspapers, radio and television and in the Irish newspapers and radio programs. The Committee has 2 banners, which will hang across Pacific Coast Highway and/or Aviation or Pier Avenue. • Insurance: St. Patrick's Day Committee will provide $2 million liability insurance through the City's participation in TULIP and paid through the funds of the St. Patrick's Day Committee. Cleanliness: The Committee will arrange to have temporary trash receptacles along the parade route as well as at the vendor location. Temporary toilets will be provided. The Committee will hire a maintenance and clean-up crew to pick up trash along the parade route immediately following the parade and clean the vendors' site immediately at the close of the.event Saturday and Sunday evenings, normal City street sanitation contractor will be responsible from the close of the event Saturday and Sunday. Attachment B Traffic Coordinated between -Mark Conte Productions and the Hermosa Beach Police Department; the Committee will utilize a combination of. professional security officers, volunteers and off duty Police in_a ratio acceptable to the HBPD. The St. Patrick's Day Committee hopes that this event will continue to provide wonderful Irish entertainment and an appreciation for Irish culture for the residents of the community, as well as increased sales for our business community, and promote city pride. Sincerely, J. Travers Devine & Jean Cullen Co -Chairs South Bay. St. Patrick's Day Weekend Committee Attachment B 3 quemgosgqi 2001 Actual Parade & 2001Actual Parade & Festival Festival Income Expenses Cash Hennessey's 500.00 Patrick Malloy's 500.00 Anheiser Busch 5,000.00 Tullamore Dew 1,000.00 Civic Organizations 1,750.00 City of Hermosa Beach • 15,000.00 City Transportation funds Daily Breeze Irish News K -Earth BFI (trash disposal) Festival Vendor Fees . 20,750.00 Committee Fundraising 5,100.00 Carnival & Petting Zoo 3,000:00 Treasure Chest 300.00 Individual contributions 250.00. Parade Entry Fees 600.00 53,750.00 72,950.00 In -Kind 2,000.00 5,000.00 6,000.00 5,000.00 1,200.00 19,200.00 Cash Supplies, bus. Expenses, printing 1,992.35 Advertising 2,018.00 Event Insurance 2,524.75 Daily Breeze Irish News K -Earth Radio Postage 891.00 City (police, Fire, Pub. Wks) 8,245.00 Transportation - Shuttle bus pkg lot (Mira Costa) 240.00 Waste Disposal Sanitation Facilities 1,700.00 Security 3,527.00 Labor (pre, setup/tear dn) 1,000.00 T & Polo shirts 1,800.00 • Event Consulting 5,000.00 Parade (cones, baracades, radios, etc.) 2,150.00 Festival(stages, rentals, sinks, etc) 3,173.00 _ . - Parade bagpipe bands 1,400.00 Festival Entertainment 9,844.00 Clean up 1,705.00 Charitable contributions 4,000.00 51,210.10 70,410.100 In -Kind 5,000.00. 5,00 5,00cip 2,000.00 1,200.00 • 19,200.00 2002 Projected Parade & Festival Income Hennessey's Patrick Malloy's Anheiser Busch Tullamore Dew Civic Organizations City of Hermosa Beach City Transportation funds Daily Breeze Irish News K -Earth Parade Entry Fees Festival Vendor Fees Committee Fundraising Carnival & Petting Zoo Cash 500.00 500.00 5,000.00 1,000.00 1,750.00 15,000.00 600.00 20,000.00 6,000.00 3,000.00 53,350.00 71,350.00 In -Kind 2,000.00 5,000.00 6,000.00 5,000.00 18,000.00 2002 Projected Parade & Festival Expenses Supplies, bus. Expenses, printing Advertising Event Insurance Daily Breeze Irish News K -Earth Radio Postage City (police, Fire, Pub. Wks) Transportation - Shuttle bus pkg lot (Mira Costa) Waste Disposal Sanitation Facilities Security Labor (pre, setup/tear dn) T & Polo shirts Event Consulting Parade (cones, baracades, radios, etc.) Festival(stages, rentals, sinks, etc) Parade bagpipe bands Festival Entertainment Clean up Charitable contributions (90% of profits) Cash 1,200.00 2,000.00 2,524.00 900.00 8,245.00 240.00 1,200.00 1,700.00 3,550.00 1,000.00 1,400.00 5,000.00 3,150.00 3,200.00 1,400.00 9,000.00 1,700.00 inc certified traffic plan In -Kind 5,000.00 6,000.00 5,000.00 • 2,000.00 47,409.00 18,000.0 65,409.00 St. Patrick's Day Parade Route Line up on ValleyDrive between Pier Ave and 8th Street. Step off at Valley and Pier Avenue; continue west on Pier Avenue to the east side of Hermosa Avenue where it will turn south on the east side and continue to 8th Street. quawg3'24q\i . V;t ST FI D PLAZA AND MO Eighth Annual E1 -id s . :1 :' P:li':_1de & Festiv:ii March 161.1 & 17th 200.7 Cifc u'..m StaiiOn ;tftin Stage Seating sand • : Strand Htnnessolis D+iat':icct Bach Drive • Beath Club . Loner Plaza 21 booths Attachment D Beach Club ii hiHousc -Shirt Tails ZippPs Pizza Treasurer Chest paidolt Aloha Sharkeez , Sangria Liquor • U.Der Plaza Layout • St Patrick's Day Festival 38 Vendor booths 26 fit. 4 1 Vit. • C-antina Real •Just f=ishing Pict Suri Lappeti'•s Avant] Bakery . Bacceclo High Five Fier Connection Attachment D. Sj ytter S tBrewski's Citi Bar Food Court St Patrick's Day Feta 11th St. Layout Pet rr,Q Zoo Catnivol 4 • Attachment'D Beath Club Ligh House Shirt -rails Zippyls Pizza Treasurer Chest December 6,2001 Honorable Mayor and Members of the Hermosa Beach City Council A‘)/ ///) Regular Meeting of December 11, 2001 UNDERGROUND DISTRICT FORMATION - ENGINEERING COSTS - SOUTHERN CALIFORNIA EDISON 1 Recommendation: 1. That the City Council approve expenditure of $95,000 for engineering planning of three separate assessment districts; and, 2. Appropriate $95,000 from Capital Project Funds to be reimbursed following district formation. Background: Pursuant to City Council direction staff has obtained the engineering cost estimates for the following petition generated underground assessment districts. Bayview Drive 63 Parcels $30,000 Bonnie Brea 165 Parcels $50,000 Beach Drive 31 Parcels $15,000 TOTAL $95,000 The engineering work that would be performed by SCE or its consultants, whencompleted, will provide the cost estimate that is used to begin the actual assessment district approval process. Once the estimate has been obtained, the assessment engineer prepares the engineers report, the cost per parcel is set, and the proposed assessment is mailed to each property owner along with a ballot to be returned. The assessment ballots are counted at a public hearing of the City Council. If more than 50% of the proposed assessments vote "yes", the district proceeds. The process, once the estimates are available, realistically will take six to nine months to the counting of the votes. The time frame for SCE to complete the estimate is two months The Beach Drive district may be able to proceed on a different track as it appears that they will have near 100% sign up. The committee intends to meet with staff to develop a strategy to move this district along on a different track. The funds advanced from the Capital Improvement Fund are returned once the district is formed and the bonds are sold. This is the same approach that we used with the other two districts now being completed. In the event the districts do not proceed, the City would not be reimbursed_ Respectfully submitted, Stets en R. Burrell City Manager 6d December 5, 2001 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 11, 2001 2002-2003 STATE BUDGET MEETING WITH STATE REPRESENTATIVES Y Recommendation: That the City Council direct the Mayor and City Manager to arrange to meet with Senator Debra Bowen and Assembly Member George Nakano concerning the upcoming debate on the state budget. Background: The state's budget picture is quite bleak according to various news reports and information from the Governor's Office. As you know, in the past the state has turned to local government to balance its budget and, even though the budget has not been released, there is a concern that local governments will be used as a revenue source for the state to balance its budget. The most likely city revenue source is the state general "backfill" for the vehicle license fee tax reduction made in 1999. This is a very large source of revenue to both counties and cities totaling $3.7 billion. The cities receive approximately $1 billion. Hermosa Beach receives a total of $1,023,607 in vehicle license fees per year. The "backfill" amount is $690,935 of the total received. The "backfill" was the state's promise to continue the revenue when the vehicle license fee was reduced. This is in addition to the amount taken during the recession of the early 1990's which now totals over $1 million per year of property tax revenue that is transferred to the state. As the state budget process develops, it would seem to be important for the City's local representatives to be familiar with the impact on the City while they are considering the budget. The meeting with the local representatives would be appropriate way of making sure that they are aware of the impacts of taking city revenues and using them to balance the state budget. Respectfully submitted, 1 Stephen R. Burrell City Manager I December 5, 2001 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 11, 2001 SPECIAL MEETINGS PROPOSED SCHEDULE Recommendation: That the City Council review the list of special meetings for various issues, make any changes to the dates and direct staff to arrange the meeting and any required public notices. Background: There are several issues that the City Council has been dealing with in the special meeting or workshop format. The following is a listing of these items along with a proposed meeting date. Please review the list and approve the dates so that staff can make arrangements for the meeting, including making sure that other Commissioners, consultants, etc. will be able to attend. January 1/10/02: Joint meeting with the Parks and Recreation Commission to discuss special events. This was set by the City Council at the 11/13/01 meeting. If the City Council would like, staff can arrange to have the special event sponsors attend this meeting. 1/15/02: Interviews of Planning Commissioners and Parks and Recreation Commission 0 applicants. This is the date that would allow time for the applications to be reviewed and the City Council to cover both commissions in one meeting. The appointments would then be effective for the February meetings of both Commissions. 1/17/02: Special meeting with the architects for Phase III of the Pier Design. The 13. purpose of this meeting is to approve the design of the plaza area, lifeguard station, and materials selection. Once the design is approve then the architect can move into working drawings. February 2/7/02: Goals Workshop. The purpose of this meeting is to review policy direction on any number of issues and projects. Status of work in progress and new policy initiatives and projects are generally discussed and the final output is a City Council statement of its goals for the next two years. The five-year capital plan has been a major focus of the meeting. 7b 2/18/02: Special Meeting for the final changes to Valley Park. The revisions that were approved by the City Council on 9/00/00 have been made and these changes now complete the design assignment of the architectural firm. Once approved, the plans will be prepared to go out to bid. The City Council would again the review the project after the bids are returned and ready to award the construction contract. There are a few other issues that may result in special meetings. The first one of these is the Public meeting with merchants on upper pier Ave concerning extending the hours of enforcement to be consistent with the rest of the city. The City Council directed that staff schedule a meeting with the merchants and other interested parties before a decision was made. The Public Works Commission, instead of having a special meeting, can handle this. The City Council would then receive a recommendation from the Public Works Commission and review it a regular City Council meeting. The City Council also directed to set a special meeting for the consideration of the use of solid waste carts. A date has not been set for this meeting. This could also be handled by having a special meeting of the City Council or it could be handled as a public informational meeting first and, once that is done, the decision could be considered at a regular city council meeting. Respectfully submitted, Stephen R. Burrell City Manager IMG EventSource November 26, 2001 Honorable Mayor Members of Hermosa Beach City Council C/o Mary Rooney 710 Pier Avenue Hermosa Beach, CA 90254 • RECEIVED NOV 2 9 200 COMMUNITY RESOURCES DEPT. James Leitz Vice President Dear: Mayor & Council Members: On behalf of International Management Group (IMG) and Target Corporation (Mervyn's), I would like to thank you for continued support and assistance with the Mervyn's Beach Bash hosted in Hermosa Beach. June 7 — 9, 2002 marks the fourth consecutive year of Beach Bash, and it is our sincere hope and desire to bring this unique sports and music event back to the beach and Pier Plaza once again. We recognize that as leaders in the community, you are on the front line of any positive or not -so positive feedback, directly or indirectly related to the event. Even in the wake of the defeat of Measure F, we recognize that there may be residual sentiment in the community regarding large- scale events like Beach Bash. Needless to say, the event requires plenty of lead-time for planning and implementation. It is for this purpose that we desire to open a meaningful dialogue with the City Council and City Staff early in the Beach Bash planning process. Our objective is to alleviate any concerns that you may have, as well as adjust the event schedule and footprint to accommodate any and all obstacles. Locally, Hermosa Beach hotels, restaurants, shops and services derive significant income from the event and Beach Bash will continue to be a credible contributor to citywide functions, parks and charitable foundations. Beach Bash funding has also maintained the world-class status and pro beach volleyball tradition of the Hermosa Beach Open, as well as the introduction of "Hermosa Beach Day" as part of the family-oriented festivities. On an international scale, Beach Bash impacts millions of people around the world though its television package, PR and publicity campaign and the publics' inherent interest in all things California. IMG and Mervyn's would like the tradition of Beach Bash to continue in Hermosa Beach. As such, we are available at any time for a discussion with the City Council and Commission about this event. Thank you for your time and support. Sincerely, James Leitz Vice President - IMG 11755 WILSHIRE BOULEVARD I SUITE 850 LOS ANGELES, CA 190025-1415 310 473-0411 FAX: 310 473-3914 December 5, 2001 Honorable Mayor and Members of the Hermosa Beach City Council (J7' ASC., ' /S Regular Meeting of December 11, 2001 COMMERCIAL BANNER PROGRAM - FIRST YEAR REPORT 1 Recommendation: That the City Council accept this report and approve minor changes to the policy based on the operation of the program during its first year. Background: The City Council approved the commercial banner program for Hermosa Beach non -profits on December 12, 2000 for a two year period. During the past year a total of $37,500 has been contributed to Hermosa Beach non -profits by commercial entities to display banners on Pacific Coast Highway at 1g Street and Aviation Blvd at Prospect. The non -profits participating in the program have been the Hermosa Beach Education Foundation $25,000; Hermosa Beach Community Center Foundation/Playhouse $7,500; and Aloha Days $5,000. A number of groups have expressed interest in participating in 2002. So far, these include Hermosa Beach Sister Cities Association; Hermosa Beach Firefighters Association; Hermosa Beach Friends of Library and the Hermosa Beach Educational Foundation. Staff has suggested a few minor changes to the policy that the City Council adopted last year to make the program easier to administer. The existing policy is attached with the proposed changes shown in bold italics. The most notable changes are that the non-profit assign one of their members to be the staff contact and that they meet the deadline requirements for submittal of the completed application along with required fees and proof of the contribution by the advertiser. A copy of the application and 2002 deadlines is attached for your information. Respectfully submitted, City Manager CITY OF HERMOSA BEACH COMMERCIAL BANNER POLICY Hermosa Beach non-profit organizations providing benefits to the City as a whole may reserve banner space to sell banners to commercial advertisers for the purpose of fundraising_ The non-profit organization must: a. Be a 501-(c) (3) tax exempt non-profit entity based in the City. b. Provide liability insurance naming the City as an additionally insured. c. = .. . . Pay the approved banner installation fee prior to the installation of the banner. The fee is required for each installation/removal, and applicant must meet application deadline as set forth on the banner permit. d Provide documentation demonstrating that it is receiving at least $2500 per month from the advertisers. Provide copy of the check made out to non-profit organization is proof of acceptance. e. Utilize the proceeds (exclusive of the cost of installation and removal) exclusively for charitable purposes, and certify that no commissions or rebates are being paid to any individual for any purpose, including soliciting advertisers. f Include on the banner a statement to the effect that the non-profit organization named on the banner is the recipient of the advertising proceeds. g. Assign a member of the non-profit organization to be the City contact for all notifications, applications, banner layout and installation/removal issues. Commercial advertising fundraising banners are permitted only at PCH at l5tStreet and Aviation Blvd near Prospect. The banner shall be no larger than 4' x 40' and 25% of the banner must display the name of the non-profit organization. Non -profits may request approval to place advertising banners for one quarter per calendar year. If no other non-profit requests a particular quarter within one month prior to the initiation of that quarter, a non-profit may request consideration for additional quarters each calendar year. 12/5/01 i 2002 CITY OF HERMOSA BEACH COMMERCIAL BANNER APPLICATION PURPOSE: This fundraiser has been developed to assist Hermosa Beach based 501(c) (3) charitable non- profit organizations (non-sectarian) to raise funds to support important community programs. ORGANIZATION ADDRESS NON-PROFIT ID # YEAR REQUESTED (must be located in Hermosa Beach) Telephone QUARTER REQUESTED: LOCATION: January 7, 2002 — April 8, 2002 PCH/1St Street April 8, 2002 — July 8, 2002 Aviation/Prospect July 8, 2002 — October 7, 2002 Charities can request approval for one quarter per calendar year. If no other non-profit organization requests a particular quarter within one month prior to the initiation of that quarter, a non-profit organization may request consideration for an additional quarter(s) each calendar year. Banners must be sold at a minimum cost of $2,500 per month (absent installation costs), with all proceeds going to the non-profit organization. No commissions of any kind will be permitted for banner sales. Copies of checks must accompany permit application. Approvals shall be made on a first come, first serve basis, and all things being equal, priority will be given to organizations exclusively serving Hermosa Beach youth. BANNER CONTENT: AT LEAST . 25% OF THE PRINTED AREA OF THE BANNER MUST DEPICT THE NON-PROFIT ORGANIZATION. BANNER CONTENT MUST BE APPROVED BY THE CITY MANAGER PRIOR TO INSTALLATION. Applicant is responsible to abide by all of the rules and regulations for banner installation including: (a) Meeting all insurance and indemnification requirements, (b) paying all applicable fees, and (c) constructing banners in a . manner acceptable to the City. A banner permit form must also be completed. Installation fees must be paid prior to application approval. Applicant representing the organization Signature Date Date received: Permit #: Approved by: Public Works Administration Michael Flaherty, Public Works Superintendent TIME FRAMES FOR COMMERCIAL BANNER PROGRAM 2002 Quarter Application completed, insurance certificate, installation fee and banner layout Copy of checks from advertiser/ Banner inspected and received at the City Yard Banner Installed Banner Removed Jan. 7, 2002 —��� April 8, 2002 December 10, 2001 December 24, 2001 January 7, 2002 April 8, 2002 _ April 8, 2002 — July 8, 2002 --__— March 25, 2002 April 8, 2002 July 8, 2002 March 11, 2002 July 8, 2002 — October 7, 2002 June 10, 2002 June 24, 2002 July 8, 2002 October 7, 2002 EXAMPLE #1 4' 1 BANNER LAYOUT (NOT TO SCALE) 40' COMMERCIAL ADVERTISER ALL PROCEEDS FROM THIS BANNER GO TO (NON-PROFIT AGENCY) EXAMPLE #2 i i 4— 10' —► 4 ALL PROCEEDS FROM THIS BANNER GO TO (NON-PROFIT AGENCY) 30' COMMERCIAL ADVERTISER F/B95/Pwfiles/Forms/Non-Profit Banner Application 2002 vote: n Mayor Reviczky, second Oakes. The motion carried by the following Ayes: Dunbabin, Edge o , Noes: Bowler Absent: None Abstain: None MUNICIPAL MATTERS es, Mayor Reviczky 8. STREET BANNER FUNDRAISING PROGRAM AND BANNER PERMIT POLICY AMENDMENT. Memorandum from City Manager Stephen Burrell dated December 6, 2000. Supplemental information from City Manager Burrell received December 12, 2000. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 10:28 P.M. Coming forward to address the Council on this item was: Roger Bacon - spoke in favor of the proposed banner program and of using a second banner for identifying the non-profit group, and requested that the City not charge for putting up and taking down the banners. Public participation closed at 10:38 P.M. Action: To approve, as recommended by staff, the new non-profit street banner fundraising program and the proposed amendment to the existing street banner program by limiting its usage to Hermosa Beach -based organizations or events occurring in the City, amended to require 25 -percent of banner space to be devoted to the name and/or logo of the non-profit group and'to eliminate the requirement that would have given priority to organizations that support activities or education for Hermosa Beach youth. Motion Oakes, second Dunbabin. The motion carried by a unanimous vote. SAINT PATRICK'S DAY PARADE AND FESTIVAL: SATURDAY, MARCH DAY MARCH 18. Memorandum from Community Resources Director Mary - • • - - dated December 4, 2000. Supplemental amended contract from Community Res.. - - received December 12, 2000. Community Resources Director Rooney presentee - -ff report and responded to Council questions. Val Straser also responded o • it questions. City Council Minutes 12-12-00 Page 10419 CITY OF HERMOSA BEACH MEMORANDUM DATE: DECEMBER 6, 2000 TO: MAYOR AND CITY COUNCIL FROM: STEPHEN BURRELL, CITY MANAGER SUBJECT: STREET BANNER FUNDRAISING PROGRAM AND BANNER PERMIT POLICY AMENDMENT Recommendations: 1. That the City Council approve the new non-profit street banner fundraising program as outlined below. (.2)That the City Council approve a proposed amendment to the existing street banner program by limiting it usage to Hermosa Beach- based organizations or events occurring in the City. Background The purpose of the this agenda item is to implement the decision of the City Council of 10/24/00 to approve a commercial advertising street banner program for the purpose of fundraising by Hermosa Beach non- profit organizations that provide benefits to the City as a whole, such as supporting educational or youth activities. It is proposed that the program have a two-year duration and at the end of that period be reviewed by the City Council to determine whether or not it will be continued. Commercial advertising fundraising banners would be permitted only at PCH @ 1St Street and Aviation Blvd near Prospect. In addition, on 10/24/00 the Council also directed staff to revise the existing banner program, by limiting it to Hermosa Beach organizations or events occurring within the City. FUND RAISING BANNER POLICY Hermosa Beach non-profit organizations providing benefits to the City as whole may reserve banner space to sell banners to commercial advertisers for the purpose of fundraising. The non-profit organization must: a. Be a 501-(c) (3) tax exempt non-profit entity based in the City. . b. Provide liability insurance naming the City as an additionally insured. c. Reimburse the City the cost of installation and removal of the banner. d. Provide documentation demonstrating that it is receiving at least $2500 per month from the advertisers. e. Utilize the proceeds (exclusive of the cost of installation and removal) exclusively for charitable purposes, and certify that no commissions or rebates are being paid to any individual for any purpose, including soliciting advertisers. f. Include on the banner a statement to the effect that the non-profit organization named on the banner is the recipient of the advertising proceeds. It is proposed that non -profits may request approval to place advertising banners for one quarter per calendar year. If no other non-profit requests a particular quarter within one month prior to the initiation of that quarter, a non-profit may request consideration for additional quarters each calendar year. Requests will be approved on a first come, first serve basis, and all things being equal, priority will be given to organizations that support activities or education for Hermosa Beach youth. The one issue as to which staff seeks further direction from the Council is precise format of the advertising banners, particularly, how and in what size the name of the non-profit will be displayed along with that of the commercial advertiser. It seemed clear that the approval given in concept at the 10/24/00 meeting was for an advertising program to raise funds for the benefit of the residents of the City, meaning that the display area for the commercial advertiser would have to be sufficient to make the banner a desirable advertising medium and worth the $2,500 cost. There are several alternative ways that the display of the non-profit group can be accomplished keeping the above objective in mind: 1. 2. The City Council can dictate the percentage of space on the banner that must be devoted to the name or logo of the non- profit. The commercial advertiser could occupy the entire banner, and a smaller side banner could be attached which includes a statement that the proceeds from the advertising banner go to 2 the nonprofit. This was done for the Windmill project; the Windmill logo banner remained up while the advertising banners changed. This also would reduce the cost to the non- profit/advertiser, as this part of the banner would not have to be reproduced each month. REVISION TO EXISTING STREET BANNER PROGRAM Staff was directed to revise the existing street banner program to limit it to Hermosa Beach organizations or events. This program makes street banner locations available exclusively to advertise community events. In order to accomplish this, the following changes will be made to the street banner program application, limiting the program to: 1. Non-profit organizations located in Hermosa Beach or non-profit organizations conducting fundraisers or events in Hermosa Beach. 2. Commercial events approved by the City Council that take place in parks, beaches, and/or public property in Hermosa Beach Non-profit organizations outside of Hermosa Beach whose programs directly serve Hermosa Beach residents. December 6, 2001 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 11, 2001 INFORMATIONAL ITEM REGARDING NEIGHBORHOOD MEETING WITH VERIZON REPRESENTATIVES 1 I have not been able to set up a meeting in the next couple of weeks primarily due to the holiday season. Pursuant to your direction, staff will arrange a meeting the second week in January. This will allow time for a notice to the neighborhood so that all those interested can attend. Respectfully submitted, Stephen . Burrell City Manager 7d Mayor and Members of the City Council December 3, 2001 City Council Meeting December 11, 2001 VACANCIES - BOARDS AND COMMISSIONS - SCHEDULE APPLICANT INTERVIEWS FOR PUBLIC WORKS COMMISSION AND PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION Recommendation: It is recommended that the City Council schedule a meeting for 7 p.m. on Tuesday, January 15, 2002 in the first floor conference room at City Hall to interview applicants for the Public Works Commission and the Parks, Recreation and Community Resources Advisory Commission vacancies, with appointments to be made at the regular meeting of January 22, 2002. Background: At its meeting of November 27, 2001, the Council directed the City Clerk to advertise the unscheduled vacancies which arose on the Public Works Commission and on the Parks, Recreation and Community Resources Advisory Commission due to the November 6 election of Michael Keegan and Art Yoon as members of the City Council. The City Clerk was further directed to report back at the meeting of December 11 with a suggested date for applicant interviews, noting that there would not be adequate time to conduct interviews on the evening of a regular Council meeting. The Council directed that the appointments be made in January rather than February, but expressed concern that the application filing deadline not occur too early in January due to the holidays. The City Manager and I discussed possible meeting dates to allow for appointments at the regular meeting of January 22. It is recommended that the applicant interviews for both Commissions take place at 7 p.m. Tuesday, January 15, 2002, in the first floor conference room at City Hall (the regular Planning Commission meeting will take place that evening at Valley School). The City Hall conference room will easily accommodate the City Council members, City Clerk, each applicant (called in one ata time) and any members of the public who may wish to attend. (Another possible meeting option would be the evening of Monday, January 14.) In order to conduct the interviews January 15, the application cut-off date was moved forward to Thursday, January 10 - with a 5 p.m. deadline to allow staff time to make copies available for Council review over the weekend (the previously recommended application deadline was January 16). The notice has been posted at City Hall and the Library as required by State law and is being published twice in the Easy Reader (December 6 and 13) with a 5 p.m. January 10 filing deadline. __: ' �strs L 1 Elaine Doerfling, City Clerk Noted: Stephen Rte: urrell, City Manager HONORABLE MAYOR and MEMBERS of the HERMOSA BEACH CITY COUNCIL kv/0/ December 3, 2001 Regular Meeting of December 11, 2001 SUBJECT: FINAL MAP #25898 (C.U.P. CON NOS. 00-7 & 00-8 PDP NOS. 00-9 & 00-10) LOCATION: 430-432 AND 434-436 OCEAN VIEW AVENUE APPLICANT(S): OLGUIN DEVELOPMENT CORP. REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL MAP FOR TWO TWO -UNIT CONDOMINIUM PROJECTS Recommendation Staff recommends approval of Final Parcel Map #25898 which is consistent with the approved Vesting Tentative Parcel Map, and recommends the City Clerk be directed to endorse the certificate for said map. Background The Planning Commission approved a Conditional Use Permit for two two -unit condominium projects and Vesting Tentative Parcel Map #25898 at their May 16, 2000 meeting. The projects are currently under construction. Process Once a map has been tentatively approved by the Planning Commission, copies of the tentatively approved map must be submitted to the L.A. County Engineer, who is contracted by the City, to review the map for its technical correctness (pursuant to Section 66442(a)(4)of the Subdivision Map Act). An applicant has two years from the date of tentative map approval to submit for final map approval. Typically applicants have not submitted for final map approval until projects are near completion and ready to be sold. Final maps must be submitted to the City Council and must be approved by the City Council, "...if it conforms to all the requirements of [Subdivision Map Act] and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder...." pursuant to Section 66458(a) of the Subdivision Map Act. Analysis The staff has reviewed the Final Map and found it substantially consistent with the Vesting Tentative Parcel Map approved by the Planning Commission and in conformance with the State Subdivision Map Act. CONCUR: Sol Blumenf: Community Id, P irector evelopment Department Steph n R. Burrell City Manager 2 - Respectfully s b 'tted en R..ertson Associate Planner y/ffm430oceanview 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25898 FOR TWO TWO - UNIT CONDOMINIUM PROJECTS LOCATED AT 430-432 & 434-436 OCEAN VIEW AVENUE, HERMOSA BEACH, CALIFORNIA. WHEREAS, the City Council held a meeting on December 11, 2001 and made the following Findings: A. This project will not violate any of the provisions of Sections 66427.1, 66474, 66474.1, and 66474.6 of the Subdivision Map Act; B. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code; C. The development of the property in the manner set forth on the subject division of land will not unreasonably interfere with the free and complete exercise of any public entity and/or public utility rights-of-way and/or easements within the subject division of land; D. The approval of said map is subject to all conditions outlined in Planning Commission Resolution P.C. No. 00-30 adopted after hearing on May 16, 2000; E. This project is Categorically Exempt pursuant to 15268(b)(3), "Approval of final subdivision maps", of the California Environmental Quality Act. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby resolve as follows: 1. Pursuant to the recommendation of the Planning Commission and to the recommendation of the County Engineer, the City Council does hereby grant final approval of Parcel Map #25898 in the City of Hermosa Beach, State of California, being a Subdivision of Lots 4 and 5, Garden View Tract, as recorded in Book 9, Page(s) 55 of Maps in the Office of the Recorder of Los Angeles County, for two two -unit condominium projects on land commonly known as 430-432 & 434-436 Ocean View Avenue, Hermosa Beach, California. PASSED, APPROVED, and ADOPTED this 1 lth day of December, 2001. 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\fm430oceanviewrs SCALE: 1 2 PARCELS 8,700 SQ. F. C DA� V VESTING D A o. 25898 IN THE CITY OF HERMOSA BEACH , COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF LOTS 4 AND 5 OF GARDEN VIEW, AS PER MAP RECORDED IN BOOK 9 PAGE 55 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES PIAT ENGINEERING, INC. SUBDIVIDER'S STATEMENT: I HEREBY STATE THAT l AM THE SUBDIVIDER OF THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND I CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. JEROME OLGUIN;Y (SUBDIVIDER) STATE OF CALIFORNIA COUNTY OF LOS ANGELES ON THIS 2!) " DAY OF E 200 7 , BEFORE ME, THE UNDERSIGNED, PERSONALLY APPEARED JEROME OLGUIN, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. SS. NOTARY PUBLIC- C ° 14 eizAi L At . ' `A .. PRINCIPAL OFFICE IN LOS ANGELES COUNTY MY COMMISSION EXPIRES - 'r? ". 8 A CONDOMINIUM NOTE: THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR FOUR UNITS, WHEREBY THE OWNERS OF THE UNITS OF AIR SPACE WILL HOLD AN UNDIVIDED INTEREST IN THE COMMON AREAS WHICH WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. RECORD OWNERS: OLGUIN DEVELOPMENT INC., A CALIFORNIA CORPORATION, LOUIS W. BOURGEOIS, III AND JEROME J. OLGUIN. EASEMENT NOTE.- WARREN OTE:WARREN GILLELEN, HIS SUCCESSORS OR ASSIGNS, EASEMENT HOLDER FOR PIPE LINE PURPOSES PER DEED RECORDED IN BOOK 1617 PAGE 47 OF DEEDS, RECORDS OF LOS ANGELES COUNTY. SAID EASEMENT IS BLANKET IN NATURE. FD. 2'7.P. W/NAIL, IN CONC. PER P.M. No. 13703, P.M.B. 139-61. LEGEND • i • INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP 20' I 20' 40' Lk, Lk, z NIX 26'00 "W 20' I 20' 40' 4TH STREET 5TH STREET o N S'LY LINE OF LOT 3, GARDEN VIEW, M.B. 9-55. N 76'34'00' E 116.00' • • i • A=4,350 SQ. FT N 76'34'00" E 116.00' o• f O to 2 A=4,350 SQ. FT. • • a • a N 76'34'00'° E 116.00' - N'LY LINE OF LOT 6, GARDEN VIEW, M.B. 9-55. FD. L & PIN IN LIEU OF L&T PER P.M. No. 13703, P.M.B. 139-61. SHEET OF 1 SHEET RECEIVED NOV 29 2nn1 COM. DEV DEPT, ENGINEER'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND WAS COMPILED FROM RECORD DATA IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF JEROME OLGUIN, IN DECEMBER, 2000. l HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. VICTOR J; PIAI, R.C. E. 20327 EXPIRES: t 09-30-01 RECORD DATA NOTE: RECORD DATA IS FROM GARDEN VIEW, M.B. 9-55. CITY ENGINEER'S CERTIFICATE: I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND THAT IT CONFORMS o5 SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF SUBDIVISION ORDINANCE OF THE CITY OF HERMOSA BEACH APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT WITH RESPECT TO CITY RECORDS. DATE: I id1 JTZ MES A . NOYE9 CITY ENGINEER ---t DEPUTY. R. C.E. No. 02 OZ 73 EXPIRES: SPECIAL ASSESSMENTS CERTIFICATE: I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF HERMOSA BEACH TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL. DATE: CITY TREASURER OF THE CITY OF HERMOSA BEACH CITY CLERK'S CERTIFICATE I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH BY MOTION ADOPTED AT ITS SESSION ON THE DAY OF 2001, APPROVED THE ANNEXED MAP. DATE CITY CLERK OF THE CITY OF HERMOSA BEACH CITY PLANNER'S CERTIFICATE: I HEREBY CERTIFY THAT THE ANNEXED MAP CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP APPROVED BY THE PLANNING COMMISSION ON THE DAY OF 2000. DATE SECRETARY OF PLANNING COUNTY ENGINEER'S CERTIFICATE:: I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP, THAT IT COMPLIES WITH ALL PROVISIONS OF STATE LAW APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO BY THE CITY ENGINEER. COUNTY ENGINEER DATE: BY: DEPUTY R. C. E. No. EXPIRES: