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06/11/02
70Q 1-79t'r bA(,4-6V 62-t.s( "It is extraordinary how extraordinary the ordinary person is: - George F. Will AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, June 11, 2002 Regular Session - 7:10 p.m. Closed Session- Immediately following Regular Session Hermosa Beach Community Center, Room 4 710 Pier Avenue, Hermosa Beach MAYOR Kathy Dunbabin MAYOR PRO TEM Sam Y. Edgerton COUNCIL MEMBERS Michael Keegan J. R. Reviczky Art Yoon CITY CLERK Elaine Doerfling CITY TREASURER John M. Workman CITY MANAGER Stephen R. Burrell CITY ATTORNEY 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. City 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 CLOSED SESSION REPORT FOR MEETING OF MAY 28, 2002: NO REPORTABLE ACTIONS. 1 • • 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 as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS Members of the public wishing to address the City Council on any items within the Council's jurisdiction, or to request the removal of an item from the consent calendar, may do so at this time. Comments on public hearing items are heard only during the public hearing. Comments from the public are limited to three minutes per speaker. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. NO WRITTEN COMMUNICATIONS 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 May 14, 2002. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to accept donations of $8,000.00 from Chevron Texaco to be used for Surf Camp materials and $1,000.00 from Sea Sprite Motel & Apartments to be used for the purchase of a thermal imaging device for the Fire Department. Memorandum from Finance Director Viki Copeland dated May 30, 2002. (e) Recommendation to approve Professional Services Agreement with Gerson/Overstreet CMTS for $15,002.90 for Project No. CIP 02-626 — Community Center Theater ADA Upgrades; authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney; and, authorize the Director of Public Works to make changes to the contract amount not to exceed $1,600.00. Memorandum from Public Works Director Harold Williams dated May 30, 2002. (f) Recommendation to award a Professional Services Agreement with Katz Okitsu & Associates for Traffic Engineering Services and Transportation Planning Services for a not -to -exceed fee of $18,000; authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney; and, authorize staff to negotiate an agreement with Katz, Okitsu & Associates for services in FY 2003-04. Memorandum from Public Works Director Harold Williams dated May 30, 2002. (g) Recommendation to adopt resolution approving the application for grant funds from the Los Angeles County Regional Park and Open Space District Specified Project Grant Program for the Pier Renovation — Phase III. Memorandum from Public Works Director Harold Williams dated June 3, 2002. (h) Recommendation to adopt resolution approving the application for additional access revenue from the Los Angeles County Regional Park and Open Space District for the Valley Park Improvement Project. Memorandum from Public Works Director Harold Williams dated May 30, 2002. (i) (I) Recommendation to receive and file report on encroachment fee waiver request for 1543 Golden Avenue. Memorandum from Public Works Director Harold Williams dated June 3, 2002. Recommendation to adopt resolution approving Final Map #25678 for a 2 -unit condominium project at 1136-1140 Monterey Boulevard. Memorandum from Community Development Director Sol Blumenfeld dated June 3, 2002. (k) Recommendation to adopt resolution denying an amendment to the existing Conditional Use Permit for beer and wine, and entertainment to allow on - sale general alcohol at 142 Pacific Coast Highway, The Pitcher House. Memorandum from Community Development Director Sol Blumenfeld dated June 11, 2002. (1) (m) Recommendation to accept the work by Nobest Inc. for Project No. CIP 00- 171 Ardmore Avenue Street Improvements — Various Locations; authorize the Mayor to sign the Notice of Completion; and, authorize Staff to release Payment to Nobest Inc. (10% retained for 35 days following filing of Notice of Completion. Memorandum from Public Works Director Harold Williams dated June 4, 2002. Recommendation to adopt resolution modifying hours for the Alta Dena Dairy at 205 Pier Avenue, distinguishing off -sale hours from operating hours. Memorandum from Community Development Director Sol Blumenfeld dated June 11, 2002. 3. CONSENT ORDINANCES NONE 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. REVIEW AND RECONSIDER OF PRECISE DEVELOPMENT PLAN AND PARKING PLAN FOR ALTERATIONS TO AN EXISTING RETAIL AND ENTERTAINMENT CENTER TO ACCOMMODATE OFFICES, A HEALTH AND FITNESS CLUB, AND RETAIL USES AND A VARIANCE TO THE 35' HEIGHT LIMIT TO ENCLOSE EXISTING DECK AREAS TO MATCH THE HEIGHT OF THE EXISTING ROOF, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY HERMOSA PAVILION. (Continued from meeting of April 9, 2002 and May 28, 2002). Memorandum from Community Development Director Sol Blumenfeld. RECOMMENDATION: Adopt resolution sustaining the decision to approve the Precise Development Plan and Parking Plan subject to the conditions as contained in the resolution, and to sustain the decision to approve the variance to enclose the upper floor deck areas and open area of the parking structure. • b. AN AMENDMENT TO THE APPROVED PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN (PDP) NO. 01-10 AND AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (EIR), TO ALLOW TYCO TELECOMMUNICATIONS TO UTILIZE A HORIZONTAL DIRECTIONAL DRILLING (HDD) METHOD OF INSTALLATION FOR THE SEGMENT OF THE SUBMARINE FIBER OPTIC CABLE PROJECT LOCATED BETWEEN HERMOSA AVENUE AND THE STRAND, ALONG SECOND STREET, THEN UNDER THE BEACH AND OUT TO APPROXIMATELY 3000 FEET BEYOND THE SHORELINE, IN LIEU OF THE DIRECT BURIAL METHOD APPROVED BY THE CITY COUNCIL IN DECEMBER OF 2001, TO INSTALL THE TWO FIBER OPTIC CABLES ALONG THIS SAME ALIGNMENT. AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (EIR) HAS BEEN PREPARED IN ACCORDANCE WITH SECTION 15164 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). TO ASSESS ANY POTENTIAL ENVIRONMENTAL IMPACTS AND INCORPORATE OR REVISE APPLICABLE MITIGATION MEASURES ASSOCIATED WITH THE HORIZONTAL DIRECTIONAL DRILLING OPTION. ALL OTHER ASPECTS OF THE PROJECT ARE UNCHANGED AND ARE IN ACCORDANCE WITH THE PREVIOUSLY APPROVED PDP AND EIR. Memorandum from Community Development Director Sol Blumenfeld dated June 4, 2002. RECOMMENDATION: Adopt resolution approving an addendum to the Certified Environmental Impact Report and approving the Amendment to Planned Development Permit/Precise Development Plan No. 01-10, with conditions. c. THE ORDER OF CERTAIN IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2002-2003 FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 AND ENDING JUNE 30, 2003. Memorandum from Public Works Director Harold Williams dated May 29, 2002. RECOMMENDATION: Conduct a Public Hearing in connection with the levy of assessments for fiscal year 2002-2003; and, adopt resolution confirming the diagram and assessment for Hermosa Beach Landscape and Street Lighting District 2002-2003 ("District") and levying an assessment for the fiscal year commencing July 1, 2002 and ending June 30, 2003. • • d. 2002-2003 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. (1) ADOPTION OF 2002-2003 BUDGET. Memorandum from Finance Director Viki Copeland dated May 29, 2002. RECOMMENDATION: Hear public testimony regarding the 2002-03 Budget; approve contracts for services budgeted in the 2002-03 Budget; and, adoptresolution approving the 2002-03 Budget. (2) ADOPTION OF 2002-2003 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated June 3, 2002. RECOMMENDATION: Adopt resolution setting the 2002-2003 appropriations limit. e. REQUEST FOR 3 -WAY STOP CONTROL AT VALLEY PARK AVENUE AND 20TH STREET. Memorandum from Public Works Director Harold Williams dated May 30, 2002. RECOMMENDATION: Provide direction to staff 6. MUNICIPAL MATTERS a. PIER RENOVATION — PHASE HI PRESENTATION BY PURKISS•ROSE-RSI. Memorandum from Public Works Director Harold Williams dated June 3, 2002. RECOMMENDATION: Receive presentation. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 6 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 May 28, 2002. 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: City of Hermosa Beach v. City of Redondo Beach Case Number: BS075570 Initiation of Litigation: Government Code Section 54956.9(c) Number of potential cases: 1 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURN TO CLOSED SESSION RECONVENE TO OPEN SESSION ORAL ANNOUNCEMENTS ADJOURNMENT 7 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 14, 2002, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Councilmember Reviczky ROLL CALL: Present: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin Absent: None ANNOUNCEMENTS - Councilmember Yoon said he had heard back from the mayors of Manhattan Beach and Redondo Beach that they would attend a Beach Cities subcommittee meeting to discuss issues of mutual concern, noting that as the appointed delegate, he would set meeting date and report back to the Council. Councilmember Edgerton announced the annual Little League fundraiser Saturday, May 18, at 6:30 P.M. on the Pier Plaza. He said the event would include dinner, a live band for dancing, and a silent auction, noting that tickets were $12 per person. Councilmember Keegan announced the puppet show "The Three (Not So Little) Pigs" at the new Pier Avenue Second Story Theater on Saturday, May 25, with performances taking place at 10 A.M., 11:30 A.M. and 1 P.M., noting that the puppet shows would take place on the last Saturday of each month throughout the summer, and were sponsored by the Hermosa Arts Foundation with the support of the Woman's Club of Hermosa Beach and the Kiwanis Club. Coming forward to address the Council at this time: Maggie Moir - Hermosa Beach, came forward with a puppet and spoke about the May 25 puppet show, noting it was the weekend of the Fiesta Hermosa and that the shuttle would drop people off at the Community Center; said the children sit on the floor during .the show and that post -show activities include a hands- on puppet workshop, books to look at, puppets to buy if desired, ice cream and candy to eat; she then gave the Council notices about the upcoming Hermosa Arts Foundation telethon inviting them to sign up to man the phones for an hour, noting that the event would take place Sunday, June 16, from 3 to 9 P.M.; said they would have lots of talent and auction items at the event. Mayor Dunbabin announced that the Hermosa Playhouse had completed this year's four -play series and encouraged everyone to buy tickets for next season's performances. She announced the annual Memorial Day weekend pancake breakfast at the Hermosa Beach Fire Station Sunday, May 26, from 7 A.M. to 12 noon, at $5 per person, free for children under 5 years old. She then reminded the public not to touch any beached sea lions or dolphins for health and safety reasons. City Council Minutes 05-14-02 Page 10820 2a PROCLAMATIONS NATIONAL PUBLIC WORKS WEEK MAY 19-25, 2002 Mayor Dunbabin proclaimed the week of May 19 through May 25, 2002 as National Public Works Week in the City of Hermosa Beach, thanked the Public Works Commission and staff, and presented the proclamation to Public Works Supervisor Mike Flaherty. Supervisor Flaherty thanked the Mayor for the proclamation and invited the Mayor and Councilmembers to the annual potluck barbecue luncheon at the City Yard on Thursday, May 23, 2002, from 11 A.M. to 1 P.M. CLOSED SESSION REPORT FOR MEETING OF APRIL 23, 2002: No reportable actions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS a. Letter from Roger Bacon requesting permission to discuss with Purkiss-Rose the Surfers' Walk of Fame. Supplemental letter from Roger Bacon dated May 10, 2002. b. Letter from Matthew Cruse requesting the reconsideration of the neighborhood watch program. Supplemental memorandum. from Police Chief Lavin dated May 13, 2002. c. Letter from Neil Robertson requesting information on action taken and number of citations issued for vehicle code noise violations. Coming forward to address the Council at this time were: Roger Bacon - presented to Hermosa Beach Sister City representative George Barks a check for $1,250, the Association's half of the banner proceeds for the month shared with the Education Foundation; announced the placement of containers in various businesses such as Starbucks, Ralph's and Sangria for the collection of donations to help with the medical costs for Loreto student Miriam Murillo; spoke to his letter (item 1.a.) regarding the Surfers' Walk of Fame, and requested that the matter be agendized; Lisa Moore - Hermosa Beach Education Foundation co -president, thanked the Council for having the banner program, which has provided the schools with nearly $40,000 over the past year and a half; noted the State shortfall of $166,000 expected this year; City Council Minutes 05-14-02 Page 10821 • • George Barks Hermosa Beach Sister City Association, thanked the Education Foundation for sharing the banner proceeds for one month; thanked Roger Bacon for suggesting and the Council for implementing the banner program and hoped it would continue, noting the difficult time nonprofits have raising money; thanked the Council for its support of the Sister City programs; Dorothy Shannon - Hermosa Beach, announced that she was hosting a fundraiser at the Pitcher .House Friday, May 17, at 7:30 P.M. with Parent Project M.D., to raise funds for Duchenne, a rapid muscle deteriorating disease that affects children, including her nephew; said several local businesses have donated items for drawings and the auction, and that the event would feature food and a live band; and Matt Cruise - Hermosa Beach, spoke to his letter, item 1.b., expressing concern about the lack of a neighborhood watch program in Hermosa Beach, noting that a well organized, professional program exists in Manhattan Beach; also requested a police substation in the downtown. Proposed Action: To direct staff to look into jump-starting a neighborhood watch program in Hermosa Beach. Motion Yoon. The motion was withdrawn, with a request to be kept informed, after Mayor Dunbabin said staff was already in the process of looking into a program. Continuing to come forward to address the Council at this time were: Al Benson - Hermosa Beach, said the noise ordinance should allow the City to charge more for repeat offenders; suggested that large July 4 parties go through an approval process and be required to have security guards and portable toilets; Neil Robertson - Hermosa Beach, spoke to his letter, item 1.c., expressing concern about motorcycle noise (Councilmember Yoon requested better enforcement of motorcycles that are not in compliance with State law; Police Chief Lavin responded to Council questions, saying the six citations issued during the last year were for violations of a Vehicle Code section regarding modification of the vehicle's exhaust pipes); and Barbara Allman - Hermosa Beach, spoke of continuing problems at South Park, noting 19 cars in the rear parking lot last night with only one entrance and eight parking spots; said the activities, including volleyball and hockey, bring in a lot of people and the parking is overused (Community Resources Director Rooney said the Parks and Recreation Commission would be looking at the issue at its June 4 meeting, noting that the added after- school program had intensified the use of the park; said parking enforcement was a key issue; City Manager Burrell said staff would increase parking enforcement). City Council Minutes 05-14-02 Page 10822 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following item, which were removed for discussion in item 4, but are shown in order for clarity: (j) Yoon, and (k) Reviczky. Motion 'Reviczky, second Yoon. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Regular meeting held on April 9, 2002; and (2) Regular meeting held on April 23, 2002. Action: To approve as presented the minutes of the Regular City Council meetings of April 9, 2002 and April 23, 2002. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 28814 THROUGH 29066, NOTING VOIDED CHECK NOS. 28846 AND 28975, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 28790, 28921, 28947 AND 28862, 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 action minutes of the Public Works Commission meeting of April 17, 2002. Action: To receive and file the action minutes of the April 17, 2002 Public Works Commission meeting. (e) RECOMMENDATION TO ADOPT RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING & STREET LIGHTING DISTRICT 2002-2003 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 02-6189 AND DECLARING THE CITY COUNCIL'S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 THROUGH JUNE 30, 2003; AND SETTING JUNE 11, 2002, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Harold Williams dated April 22, 2002. Action: To approve the staff recommendation to: City Council Minutes 05-14-02 Page 10823 (f) (g) s • (1) Adopt Resolution 02-6195, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2002-2003," and (2) Adopt Resolution 02-6196, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2002-2003 FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 AND ENDING JUNE 3, 2003, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." RECOMMENDATION TO AWARD THE PURCHASE OF FIFTY-FIVE (55) HUBBELL SPORTSLITER SLS SERIES FIXTURES TYPE A AND B TO MORGAN WHOLESALE ELECTRIC OF DOWNEY, CALIFORNIA IN THE AMOUNT OF $18,653.10 AND AUTHORIZE STAFF TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS. Memorandum from Public Works Director Harold Williams dated May 7, 2002. Action: To approve the staff recommendation to: (1) Award the purchase of 55 Hubbell Sportsliter SLS Series Fixtures Type A and B to Morgan Wholesale Electric of Downey, California in the amount of $18,653.10; and (2) Authorize staff to issue the appropriate purchase documents. RECOMMENDATION TO ACCEPT THE WORK BY DAMON CONSTRUCTION CO. FOR PROJECT NO. CIP 01-168 — MANHATTAN AVENUE STREET IMPROVEMENTS; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO DAMON CONSTRUCTION CO. (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Harold Williams dated May 2, 2002. Action: To approve the staff recommendation to: (1) Accept the work by Damon Construction Co. for Project No. CIP 01- 168 Manhattan Avenue Street improvements; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize staff to release payment to Damon Construction Co. (10% retained for 35 days following filing of Notice of Completion). (h) RECOMMENDATION TO RECEIVE AND FILE THE QUARTERLY REPORT ON WORKERS' COMPENSATION. Memorandum from Personnel Director/ Risk Manager Michael Earl dated May 8, 2002. City Council Minutes 05-14-02 Page 10824 (i) Action: To receive and file the Quarterly Report on Workers' Compensation. 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 May 7, 2002. (1) Claimant: Jean McGreevy Date of Loss: 04-28-02 Date Filed: 05-01-02 (2) Claimant: Alicia Bues, Ernesto Bues Date of Loss: 11-17-01 Date Filed: 05-02-02 Action: To deny the above claims and refer them to the City's Liability Claims Administrator, as recommended by staff. 6) RECOMMENDATION TO APPROVE A POLE BANNER PROGRAM TO ADVERTISE THE PUBLIC WORKS COMMISSION'S NEW "BE STREET SMART HERMOSA" PROGRAM TO COINCIDE WITH ADVERTISING BANNERS FOR MERVYN'S BEACH BASH AND MERVYN'S CALIFORNIA. Memorandum from Community Resources Director Mary Rooney dated May 6, 2002. Supplemental information received May 13, 2002. This item was removed from the consent calendar by Councilmember Yoon for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item: Jean Lombardo - Public Works Commissioner, responded to Council concerns about the artwork; and Roth - IMG representative, said there would be 32 banners on 16 poles, with four different designs; said he would check with Mervyn's about the possibility of bringing the wheel down on the bicycle artwork. Action: To approve a pole banner program to advertise the Public Works Commission's new "Be Street Smart Hermosa" Program to coincide with advertising banners for Mervyn's Beach Bash and Mervyn's California, as recommended by staff, with direction to bring the wheel down on the bicycle artworkif it is feasible to do so. Motion Yoon, second Edgerton. The motion carried, noting the dissenting vote by Keegan. City Council Minutes 05-14-02 Page 10825 (k) RECOMMENDATION TO ACCEPT THE FINAL SEWER ENGINEERING REPORT • COMPLETED BY BERRYMAN & HENIGAR; AWARD PROFESSIONAL SERVICES AGREEMENT TO BERRYMAN & HENIGAR TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR PROJECT NO. CIP 00-411 SANITARY SEWER REHABILITATION/ RECONSTRUCTION - TARGET AREA 1 FOR $81,666; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL. BY THE CITY ATTORNEY; APPROPRIATE $60,395 IN THE 160 SEWER FUND FOR PROJECT NO. CIP 00-411; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $8,166. Memorandum from Public Works Director Harold Williams dated May 1, 2002. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Public Works Director Williams responded to Council questions. Action: To approve the staff recommendation to: (1) Accept the final sewer engineering. report completed by Berryman & Henigar; (2) Award Professional Services Agreement to Berryman & Henigar to provide design and engineering services for Project No. CIP 00-411 Sanitary Sewer Rehabilitation/Reconstruction — Target Area 1 for $81,666; (3) Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney;. (4) Appropriate $60,395 in the 160 Sewer Fund for Project No. CIP 00- 411; and (5) Authorize the Director of Public Works to make changes to the agreement up to $8,166. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 3. CONSENT ORDINANCES a. ORDINANCE NO. 02-1219 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from City Clerk Elaine Doerfling dated April 29, 2002. City Clerk Doerfling presented the ordinance for waiver of full, reading and adoption, noting it had been introduced at the last meeting. Action: To adopt Ordinance No. 02-1219. City Council Minutes 05-14-02 Page 10826 • • Motion Reviczky, second Keegan. The motion carried by the following vote: AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSTAIN: None ABSENT: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(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 a. DEPLOYMENT OF POLICE AND FIRE DEPARTMENT PERSONNEL FOR THE FOURTH OF JULY HOLIDAY. ` Memorandum from Police Chief Michael Lavin dated May 6, 2002. Police Chief Lavin presented the staff report and responded to Council questions. There was Council consensus to include the penalties for violations in the letter that is sent out. City Attorney Jenkins also responded to Council questions, noting that if the Council introduced the ordinance, he would present an, urgency ordinance for adoption at the next meeting as well. Action: To receive and file the report, as recommended by staff. Motion Edgerton, second Yoon. The motion carried by a unanimous vote. Further Action: To waive full reading and introduce Ordinance No. 02-1220 entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING PARTIES ADVERTISED TO THE GENERAL PUBLIC AND AMENDING THE MUNICIPAL CODE." Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote by Yoon. b.. REQUEST FOR SPEED HUMPS ON HILLCREST DRIVE BETWEEN 18TH STREET AND 21ST STREET. Memorandum from Public Works Director Harold Williams dated May 6, 2002. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. City Council Minutes 05-14-02 Page 10827 • Coming forward to address the Council on this item were: Dave Peterson - Hermosa Beach, said speed humps would protect the children by slowing the cars down, noting they had a lot of traffic due to their proximity to Hermosa View School; Mary Lou Carr - Hermosa Beach, said there were a lot of toddlers on the street and favored anything that would slow down the traffic; Vivian Smith - Hermosa Beach, expressed concern about the noise problems that might arise from the use of speed humps with drivers going over them too quickly; and Richard Garland - City Traffic Engineer, said he conducted a speed survey with a radar gun while parked at the end of the street in his car during various times of day; said State law automatically sets a 25 mile per hour speed limit on any residential street (Mayor Dunbabin asked about painting the speed limit on the street). Action: To (1) direct the design team to include street humps on Hillcrest Drive at the appropriate locations, (2) direct staff to report back with a policy to have the two opposing properties sign off on the installation of the speed humps, particularly in the event of a driveway issue, as well as any other problems that are typical with this type of installation, and (3) direct staff to return if unable to achieve a location to install the speed humps. Motion Edgerton, second Keegan. The motion carried, noting the dissenting votes of Reviczky and Mayor Dunbabin. At 8:58 P.M., the meeting recessed. At 9:17 P.M., the meeting reconvened. c. INSTALLATION OF SIGNS ON VALLEY PARK AVENUE SOUTH OF 20TH STREET TO WARN MOTORISTS ABOUT AN AUTISTIC CHILD. Memorandum from Public Works Director Harold Williams dated May 6, 2002. Public Works Director Williams presented the staff report and responded to Council questions, noting that staff recommended denial of the request for warning signs. City Attorney Jenkins responded to Council questions with regard to potential liability issues with the placement of a traffic control sign in the public right-of-way that is not a State approved, standard sign. Traffic Engineer Garland also responded to Council questions concerning signage. Coming forward to address the Council on this item was/were: Krista Capo - Hermosa Beach, said she originally requested a stop sign and submitted her petition to the Public Works Department; requested the installation of a stop sign at the corner, saying it was the only legal way to slow traffic to ensure her son's safety (Councilmember Yoon requested that staff provide the Council with copies of all petitions received by the City). City Council Minutes 05-14-02 Page 10828 Action: To approve the installation of "Autistic Child" warning signs in the public right-of-way at Valley Park Avenue and 20th Street, as recommended by the Public Works Commission. Motion Edgerton, second Yoon. The motion carried, noting the dissenting votes of Reviczky and Mayor Dunbabin. d. EXEMPTION REQUEST FOR AN ENCROACHMENT PERMIT BY THE PROPERTY OWNER AT 1543 GOLDEN AVENUE. Memorandum from Public Works Director Harold Williams dated May 8, 2002. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Coming forward to address the Council on this item was: Bob Lininger - applicant, submitted photographs; said he had been unaware of any encroachment on the property and that he intended to renovate the entire house, which had been his grandparents' home since 1943; said he was not expanding the encroachment but was simple improving the area by replacing the green painted concrete with concrete pavers; referred to other encroachments on his block; objected to the doubling of the permit fee; said his project should be exempt from permit because it complied with the standards. Action: To direct staff to allow the property owner to make application to obtain an encroachment permit and to allow the work to continue, with further direction to staff to bring back at the next meeting the issue of the requested fee waiver along with a report on the history of other encroachment activities on the street, such as how many other properties on the block since 1996 have put in encroachments without permit. Motion Reviczky, second Mayor Dunbabin. The motion carried by a unanimous vote. City Manager Burrell said staff would also bring back ideas to ensure the intent of the ordinance is clear. e. NORTHEAST HERMOSA BEACH TRAFFIC STUDY. Memorandum from Public Works Director Harold Williams dated May 6, 2002. Supplemental letter/petition from Darlene Blaney dated May 9, 2002 - (part of packet). Supplemental information includes a letter from Marian Dessert dated May 13, 2002, a letter from Todd Coordt dated May 14, 2002, and stealth survey information received May 14, 2002. City Council Minutes 05-14-02 Page 10829 • • Traffic Engineer Richard Garland presented the staff report and responded to Council questions, noting the intent of the study was to identify the concerns of the residents, analyze the conditions in the area anddevelop a set of traffic calming measures to improve conditions, noting that two public workshops were conducted to solicit input from the residents, and the findings had been presented to the Public Works Commission, where additional public input was received, noting there is no clear public consensus as to, the preferred approach. City Manager Burrell and Public Works Director Williams also responded to Council questions. Coming forward to address the Council on this item were: Joel Falter - Katz, Okitsu & Associates transportation engineer, responded to Council question; said a request was made to Caltrans with regard to relocating the traffic signal at Sepulveda and Longfellow, and the response was to talk to the City of Manhattan Beach about the shared signal; Jean Lombardo - Public Works Commissioner, suggested a preemptive strike to prevent Manhattan Beach traffic from being dumped onto Hermosa Beach streets; Pete Tucker - Hermosa Beach, said the parking lot for the Sketcher's project will accommodate 400 vehicles and the study should be based on that; said traffic would be prevented from turning left out of the project site to keep traffic off Longfellow in Manhattan Beach; suggested left or right turn only arrows at Sepulveda for westbound traffic to protect Hermosa residents; Larry Bryant - Hermosa Beach, expressed disappointment with the traffic study and the City's lack of response to the residents concerns about Manhattan Beach developments; Jim Deutsch Hermosa Beach, suggested that the City work with the City of Manhattan Beach and discuss with Caltrans the issue of moving the traffic signal from Longfellow to Duncan; Robert Wickwire - Hermosa Beach, said he was an advocate of waiting and seeing what the effects are after the building is built; Darlene Blaney - Hermosa Beach, distributed information to the Council; said she understood that the signal was put in years ago over the objections of the Longfellow residents, referred to her earlier submittal; ,said Duncan was a wider street and urged eliminating the signal at Longfellow, leaving Manhattan Beach to deal with its revenue generating traffic; and Chris Howell - Hermosa Beach, thanked the Council for initiating the traffic study; expressed concern about the Hermosa streets becoming commuter routes from the. Sketcher's project to Ardmore Avenue; said this was a good opportunity to start the process of doing some master planning for the community and offered to be a test neighborhood because of the ideal balance between business and residential; as a member of the EDRC. City Council Minutes 05-14-02 Page 10830 • (Economic Development Review Committee) commercial subcommittee, proposed that they do a cost benefit analysis of several different options, working with staff, to see how to accommodate the growth of businesses on the highway and the addition of the Sketcher's development, and come back at a future meeting with recommendations. Action: To direct staff to ask Caltrans to divert the westbound traffic on Longfellow with left and right turn only arrows at Sepuveda Boulevard to prevent traffic from crossing Sepulveda and entering Hermosa Beach. Motion Keegan, second Edgerton. The motion carried by a unanimous vote. Proposed Action: To direct staff to ask Caltrans for an additional light at Duncan and Sepulveda. Motion Reviczky. The motion died due to the lack of a second. Proposed Action: To send a letter to the Manhattan Beach City Council requesting that they cooperate with Hermosa Beach with regard to the removal of the traffic signal at Longfellow and Sepulveda. Motion Yoon, second Edgerton. The second was subsequently withdrawn and the motion died due the lack of a second. The meeting recessed at 11:20 P.M. The meeting reconvened at 11:32 P.M. f. REVIEW OF RECYCLING PROGRAM; PUBLIC RECYCLING AND TRASH CANS; ALTERNATIVE REFUSE BILLING PROCEDURE; AND ACCEPT RECOMMENDATION TO CONTINUE THE MANUAL COLLECTION SYSTEM UNDER THE AGREEMENT WITH CONSOLIDATED DISPOSAL SERVICE. Memorandum from City Manager Stephen Burrell dated May 8, 2002. City Manager Burrell presented the staff report and responded to Council questions, noting they would have the option of going to a semi -automated system. Action: To approve the staff recommendation to: (1) Approve the 32 -gallon recycling containers and informational materials, with the additional direction to staff to include a contract amendment reserving the right, with reasonable notice up to one year, to change from a manual system to an automated system if desired during the life of the contract; (2) Approve placement of public recycling and new trashcans throughout the City; (3) Direct staff to report back on a home composting program in corporation with another jurisdiction; City Council Minutes 05-14-02 Page 10831 • • (4) Approve new procedure for alternative billing procedures and direct staff to return with a amendment to the municipal code; and (5) Accept the staff recommendation to continue the manual collection system. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SPECIAL MEETING FOR DISCUSSION OF ECONOMIC DEVELOPMENT REVIEW COMMITTEE REPORT PROPOSED FOR THURSDAY, JUNE 27, 2002. Memorandum from City Manager Stephen Burrell dated April 24, 2002. City Manager Burrell presented the staff report and responded to Council questions. Councilmember Keegan said two members of the commercial development portion of the EDRC requested that he present a request for Council direction allowing them to complete their study that addresses the commercial parking needs of the downtown area and Pacific Coast Highway and to report back to the Council at a regular meeting with input on a long-term plan for parking locations and potential sites. Action: Mayor Dunbabin directed, with the consensus of the Council, that a special meeting be scheduled for Monday, July 8, 2002, for discussion of the Economic Development Review Committee Report, as recommended by staff, and to give direction to the EDRC subcommittee to go ahead with their study on the commercial parking needs of the downtown and Pacific Coast Highway, for evaluation by the Council at a future meeting. b. LETTER OF SUPPORT FOR CONGRESSWOMAN JANE HARMAN'S REQUEST FOR $750,000 FOR THE SOUTH BAY 1-405 ARTERIAL IMPROVEMENTS. Memorandum from City Manager Stephen Burrell dated May 9, 2002. City Manager Burrell presented the staff report and responded to Council questions. Action: To send a letter of support for funding of the South Bay 1-405 arterial improvements to Congresswoman Jane Harman, and to Senators Boxer and Feinstein as well. Motion Yoon, second Reviczky. The motion carried, noting the dissenting vote of Edgerton. c. NO BICYCLE RIDING "A" FRAME SIGNS ON THE STRAND. Memorandum from City Manager Stephen Burrell dated May 2, 2002. City Council Minutes 05-14-02 Page 10832 City Manager Burrell presented the staff report and responded to Council questions, noting that the signs would be moved around as needed. Coming forward to address the Council on this item was: John Hales - Hermosa Beach, referred to his submittal; requested that Council not turn the red lights off since people can see them from a distance; suggesting placing the proposed signs at 11th Street and at 14th Street rather than 13th Court, as well as at Pier Plaza, to make the Strand safer. Action: To approve the staff recommendation to: (1) Approve the use of No Bicycle Riding "A" frame signs placed in the middle of the Strand at 13th Court and 11th Street; and (2) Relocate the signs on poles to 11th Street and 13th Court and turn off the lights. • Motion Reviczky, second Yoon. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES — BOARDS AND COMMISSIONS - UPCOMING EXPIRATION 1 OF TERMS. Memorandum from City Clerk Elaine Doerfling dated May 6, 1 2002. Action: To direct the City Clerk to immediately advertise and request applications from interested parties for one Civil Service Board term that will expire July 15, 2002, with appointment to be made at the regular Council meeting of July 9, 2002, as recommended. Motion Reviczky, second Keegan. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Yoon to consider changing the timing on the Aviation and Prospect intersection to limit the left turn movement onto southbound Prospect during commute hours. Letter from Tim Podczerviensky dated March 11, 2002. (Continued from meeting of April 23, 2002) Councilmember Yoon spoke to his request. Action: To direct Public Works to study the issue and report back at a future meeting on the impacts and options regarding the proposed timing change. Motion Yoon, second Edgerton. The motion carried by a unanimous vote. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: City Council Minutes 05-14-02 Page 10833 1. MINUTES: Approval of minutes of Closed Session meeting held on April 23, 2002. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: 710 Pier Avenue Negotiating Parties: City of Hermosa Beach and AT&T Compass Telecom Under Negotiation: Lease and Terms of Payment 3. 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: City of Hermosa Beach v. City of Redondo Beach Case Number: BS075570 Anticipated Litigation: Government Code Section 54956.9(b) b. Number of potential cases: 1 ADJOURNMENT TO CLOSED SESSION The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, May 15, 2002, at the hour of 12:07 A.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 12:08 A.M. At the hour of 12:30 A.M., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, May 15, 2002, at the hour of 12:31 A.M. to the Adjourned Regular Meeting on Tuesday, May 23, 2002, at the hour of 7:10 P.M., for the purpose of conducting a Budget Workshop. City Council Minutes 05-14-02 Page 10834 VOUCHRE2 05/28/02 10:36 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 29275 05/28/02 008175 FLEMING & ASSOCIATES LIABILITY CLAIMS 705-1209-4324 53,244.98 53,244.98 TOTAL CHECKS 53,244.98 2b VOUCHRE2 05/28/02 10:36 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 705 INSURANCE FUND 53,244.98 TOTAL 53,244.98 PAGE 2 V VOUCHRE2 05/30/02 16:44 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 29276 05/30/02 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ACCOUNT NUMBER 011600 ADVENTURES ON HORSEBACK DEPOSIT SUMMER CAMP TRIP/7/17 001-1550 29277 05/30/02 007251 BARRY AGOVINO 29278 05/30/02 006827 ALL CITY MANAGEMENT 29279 05/30/02 011472 APPLE ONE 29280 05/30/02 011602 AVALON ROOFING INC. 29281 05/30/02 009836 2001 ASSESSMENT REBATE 105-3105 SCHOOL CRSSG GD SERV/5/5-18/02 001-2102-4201 MINUTES & TRANSCRIPTIONS REFUND BUILDING PERMIT MARGUERITE L. BAIERSKI INSTRUCTOR PYMNT CLASS #TG -06 INSTRUCTOR PYMNT CLASS #GY-07 INSTRUCTOR PYMNT CLASS #GY-08 INSTRUCTOR PYMNT CLASS #GY-09 :29282 05/30/02 005167 DAVE BEEMAN .29283 05/30/02 009104 TRACY BLENDER 001-4202-4201 001-3205 001-4601-4221 001-4601-4221 001-4601-4221 001-4601-4221 INSTRUCT.PYMNT CLASS #BFFT-04 001-4601-4221 INSTRUCTOR PAYMENT/PM-03 INSTRUCTOR PAYMENT/PM-04 INSTRUCTOR PYMNT CLASS #BM -02 29284 05/30/02 008522 BLUE RIDGE MEDICAL INC. MEDICAL SUPPLIES 29285 05/30/02 007109 ADAM BURT 001-4601-4221 001-4601-4221 001-4601-4221 001-2201-4309 INSTRUCTOR PYMNT CLASS #YT -11 001-4601-4221 INSTRUCTOR PYMNT CLASS #YT -16 001-4601-4221 INSTRUCTOR PYMNT CLASS #YT -17 001-4601-4221 29286 05/30/02 011138 CALIFORNIA CONFERENCE 0 REGISTRATION/D. POWERS 29287 05/30/02 009614 CONTINENTAL MAPPING SER 300' NOTICING 1000' NOTICING/TYCO 2001 ASSESSMENT REBATE 29288 05/30/02 007168 LENA CORD 29289 05/30/02 007809 CORPORATE EXPRESS 29290 05/30/02 000850 L. N. CURTIS RETURNED MERCHANDISE/REQ 9986 OFFICE SUPPLIES/REQ 9977 SPECIAL STAMP PURCHASE MOVING BOXES OFFICE SUPPLIES/REQ 9985 RETURNED MERCHANDISE/REQ 9985 OFFICE SUPPLIES/REQ 7766 RETURNED MERCHANDISE/REQ 7766 RETURNED MERCHANDISE/REQ 7766 OFFICE SUPPLIES/REQ 7766 OFFICE SUPPLIES/REQ 7787 SAFETY EQUIPMENT SAFETY EQUIPMENT 29291 05/30/02 008682 DEPARTMENT ISSUE UNIFORM JACKET & BOOTS 001-2201-4317 001-4101-4201 001-2114 105.3105 001-1208-4305 001-1208-4305 001-1202-4305 301-8622-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-1208-4305 001-2201-5402 001-2201-5402 001-2101-4187 PAGE 1 ITEM CHECK AMOUNT AMOUNT 490.00 490.00 24.61 24.61 3,260.83 3,260.83 86.63 86.63 118.80 118.80 147.00 126.00 157.50 472.50 903.00 675.50 675.50 861.00 709.80 273.00 1,843.80 282.75 282.75 284.20 203.00 81.20 568.40 65.00 65.00 998.00 599.00 1,597.00 24.61 24.61 32.63- 2.14 24.79 990.92 93.00 4.68- 207.76 1.16- 37.68- 11.83 63.74 1,318.03 1,000.49 193.92 1,194.41 774.72 774.72 VOUCHRE2 05/30/02 16:44 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 29292 05/30/02 011604 DIGITAL COMBUSTION,INC. FIRE TRAINING SIMULATOR 29293 05/30/02 009694 ENRG 29294 05/30/02 005509 RICK ESCALANTE FUEL PURCHASE/MARCH 02 INSTRUCTOR PYMNT CLASS #AT -23 29295 05/30/02 011488 FIRST IN FIRE EQUIP. CO BRACKETS FOR HELMET SHIELDS 29296 05/30/02 007292 VIRGINIA G. GALLUP 29297 05/30/02 011379 BRIAN GREBBIEN 2001 ASSESSMENT REBATE MILEAGE REIMBURSE/5/6-16/02 29298 05/30/02 006518 HAYER CONSULTANTS, INC. TEMP BUILD INSPECTORS/5/1-5/15 29299 05/30/02 011603 CUEVAS JULIO HERNANDEZ CITATION REFUND 29300 05/30/02 009789 HYDRO-SCAPE 29301 05/30/02 004908 JAMESTOWN PRESS 29302 05/30/02 007294 JAMES E. KOKALJ IRRIGATION CONTROLLER/SENSORS CITY LOGO LETTERHEAD PAPER 2001 ASSESSMENT REBATE 29303 05/30/02 007859 L.A. CO METRO TRANS AUT BUS PASS SALES/MAY 02 29304 05/30/02 007136 THE LAKES AT EL SEGUNDO INSTRUCTOR PYMNT CLASS #BG -03 29305 05/30/02 011065 ROSE"LAOLAGI 29306 05/30/02 011599 SCOTT LOCICERO 29307 05/30/02 011601 YVONNE C LONG 29308 05/30/02 007252 ELEANOR LYNN INSTRUCTOR PYMNT CLASS #PDY-03 INSTRUCTOR PYMNT CLASS #PDY-04 SOUND TECHNICIAN/5/11/02 2001 ASSESSMENT REBATE 2001 ASSESSMENT TAX REBATE 29309 05/30/02 011597 MARIPOSA HORTICULTURAL 3RD STREET PK PROJECT/5/02 29310 05/30/02 008178 DOROTHY MCDONALD 29311 05/30/02 010053 HAROLD MONDSCHEIN 29312 05/30/02 011530 DONALD MULLIGAN 29313 05/30/02 006356 MUNICIPAL EQUIP MAINT A 29314 05/30/02 009494 NJP SPORTS, INC 29315 05/30/02 000321 PACIFIC BELL 29316 05/30/02 005379 RICHARDS, WATSON & GERS 2001 ASSESSMENT REBATE 2001 ASSESSMENT REBATE SOFTBALL UMPIRE MEMBERSHIP/KENNETH LINDSEY TENNIS NETS AND STRAPS COMPUTER HOOK-UPS/MAY 02 LEGAL RE:FAA/7/01 LEGAL RE:GENERAL/12/01 ACCOUNT NUMBER 001-2201-4317 715-4204-4310 001-4601-4221 180-2202-5402 105-3105 001-2201-4317 001-4201-4201 110-3302 125-8530-5402 001-1208-4305 105-3105 145-3403-4251 001-4601-4221 001-4601-4221 001-4601-4221 001-4601-4201 105-3105 105-3105 125-8531-4201 105-3105 105-3105 001-4601-4201 • 001-4202-4315 001-6101-4309 001-2101-4304 001-1131-4201 001-1131-4201 ITEM AMOUNT 540.17 25.13 239.40 255.72 24.61 357.70 6,030.00 60.00 4,867.36 717.67 24.61 76.00 318.50 409.50 283.50 154.00 24.61 24.61 34,912.56 24.61 24.61 855.00 50.00 932.00 57.49 985.10 77.15 PAGE 2 CHECK AMOUNT 540.17 25.13 239.40 255.72 24.61 357.70 6,030.00 60.00 4,867.36 717.67 24.61 76.00 318.50 693.00 154.00 24.61 24:61 34,912.56 24.61 24.61 855.00 50.00 932.00 57.49 VOUCHRE2 05/30/02 16:44 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME 29317 05/30/02 007658 MARGARITA ROJAS 29318 05/30/02 003353 S.B.C.U. VISA 29319 05/30/02 007254 POLLYANNA SCHNEIDER 29320 05/30/02 007228 ROBERT SHAAL 29321 05/30/02 009656 SHRED IT CALIFORNIA 29322 05/30/02 007235 HELEN SMITH 29323 05/30/02 011317 SOUTHERN CALIFORNIA YOU 29324 05/30/02 000146 SPARKLETTS 29325 05/30/02 010158 STEVENS-GARLAND ASSOCIA 29326 05/30/02 011598 STREAMLINE HEALTH SERVI 29327 05/30/02 000806 SUN BADGE COMPANY CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION LEGAL RE: SOLID WASTE/12/01 LEGAL RE:STOP OIL/12/01 LEGAL:ALICE BUES/12/01 LEGAL LEGAL LEGAL LEGAL LEGAL LEGAL LEGAL LEGAL LEGAL LEGAL LEGAL LEGAL LEGAL LEGAL LEGAL RE:LAND & WATER/12/01 RE:DE GYARFAS/12/01 RE: CODE ENFORCE/12/01 RE: STOP OIL/1/02 RE:LAND & WATER/12/01 RE:CABLE TV/1/02 RE:CODE ENFORCE/1/02 RE:STOP OIL/2/02 RE:CABLE TV/3/02 CODE ENFORCE/1/16-2/28 RE: COMPACT CITIES/3/02 RE: STOP OIL/3/02 RE:LAND & WATER/3/02 RE:FAA/3/02 RE:CODE ENFORCE/3/02 INSTRUCTOR PYMNT CLASS #FD -03 INSTRUCTOR PYMNT CLASS #FD -04 AIR TRAVEL & HOTEL/TINGLEY 2001 ASSESSMENT REBATE 2001 ASSESSMENT REBATE DESTRUCTION SERVICES/5/21/02 2001 ASSESSMENT REBATE INSTRUCTOR PAYMENT/HBY-01#2 DRINKING WATER/4/26-5/23/02 CITY TRAFFIC ENGINEERING SERV. CPR TRAINING BADGES/FIRE DEPARTMENT 29328 05/30/02 008097 UNION BANK OF CALIFORNI SAFEKEEPING FEES/APRIL 02 29329 05/30/02 004768 UPTIME COMPUTER SERVICE REPAIRS LASERJET PRINTERS 29330 05/30/02 001340 VERIZON 29331 05/30/02 000015 VERIZON CALIFORNIA CONNECT ELEVATROR LINE TO PD PHONE BILLING/5/4-J/4/02 PHONE BILLING/MAY1-JUNE 1/02 ACCOUNT NUMBER .001-1131-4201 001-1131-4201 001-1131-4201 001-1131-4201 001-1131-4201 001-1132-4201 001-1131-4201 001-1131-4201 001-1131-4201 001-1132-4201 001-1131-4201 001-1131-4201 001-1132-4201 001-1131-4201 001-1131-4201 001-1131-4201 001-1131-4201 001-1132-4201 001-4601-4221 001-4601-4221 001-2201-4317 105-3105 105-3105 001-2101-4201 105-3105 001-4601-4221 001-4601-4305 001-3104-4201 001-4601-4317 001-2201-4187 001-1141-4201 715-1206-4201 001-8622-4201 001-2201-4304 001-2101-4304 ITEM AMOUNT 35.75 1,305.35 131.66 4,164.32 105.25 3,288.12 13,467.25 10.74 117.00 6,027.72 6,609.04 823.00 6,783.71 169.65 11,345.31 3,579.90 125.65 4,274.72 308.00 210.00 373.33 24.61 24.61 102.00 24.61 1,356.83 19.65 2,880.00 450.00 290.12 291.67 85.00 156.00 PAGE 3 CHECK , AMOUNT 63,426.39 518.00 373.33 24.61 24.61 102.00 24.61 1,356.83 19.65 2,880.00 450.00 290.12 291.67 85.00 156.00 33.19 41.46 74.65 VOUCHRE2 05/30/02 16:44 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 4 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29332 05/30/02 011281 VERIZON SELECT SERVICES INTERNET SERVICE PROVIDER 715-1206-4201 395.00 395.00 29333 05/30/02 008103 BEVERLY A. WESSEL 2001 ASSESSMENT REBATE 105-3105 24.61 24.61 29334 05/30/02 010500 XO COMMUNICATIONS E-MAIL ADDRESS/MAY 02 715-1206-4201 124.00 124.00 TOTAL CHECKS 135,158.53 VOUCHRE2 05/30/02 16:44 • • CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 105 LIGHTG/LANDSCAPG DIST FUND 110 PARKING FUND 125 PARK/REC FACILITY TAX FUND 145 PROPOSITION 'A FUND 180 FIRE PROTECTION FUND 301 CAPITAL IMPROVEMENT FUND 715 EQUIPMENT REPLACEMENT FUND TOTAL 93,071.52 295.32 60.00 39,779.92 76.00 255.72 990.92 629.13 135,158.53 7 PAGE 5 VOUCHRE2 05/23/02 16:50 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 29210 05/23/02 000935 ADVANCED ELECTRONICS 29211 05/23/02 011511 ADVANCED INFRANSTRUCTUR 29212 05/23/02 006421 ALL STAR FIRE EQUIPMENT 29213 05/23/02 011596 ANAHEIM SPORTS GROUP SA 29214 05/23/02 005179 AT&T 29215 05/23/02 007879 KEVIN AVERILL 29216 05/23/02 005167 DAVE BEEMAN 29217 05/23/02 006329 BERRYMAN & HENIGAR 29218 05/23/02 011518 DENISE BOTHE 29219 05/23/02 003372 CA EMS PERSONNEL FUND 29220 05/23/02 000262 CALIFORNIA MARKING DEVI 29221 05/23/02 000016 CALIFORNIA WATER SERVIC, CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REPAIR TV/VCR IN BRIEFING ROOM MAINT AGREEMENT/MAY 02 SEWER RODDER WIDLAND GOGGLES DEPOSIT ANGELS/DODGER TRIP LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG LONG DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE DISTANCE CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 CHRG'S/3/16-4/15 FAX/APRIL 02 MEALS REIMBURSEMENT INSTRUCTOR PYMNT # BFFT-03 DESIGN & ENG/SEWER REHAB PROJS DESIGN & ENG/SEWER REHAB PRODS PLANNING COMMISS/TRANSCRIPTION CA EMS PARAMEDIC RENEWAL BRASS NAME PLATES APRIL 2002 WATER BILLING APRIL 2002 WATER BILLING APRIL 2002 WATER BILLING APRIL 2002 WATER BILLING 29222 05/23/02 011560 CHANNING BETE COMPANY I TRAINING MANUALS ACLS PROVIDER MANUALS 29223 05/23/02 009110 CONCEPT MARINE CITY HALL REMODEL ACCOUNT NUMBER 001-2101-4309 001-2201-4201 160-3102-4309 001-2201-5401 001-4601-4201 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 110-1204-4304 001-2101-4312 001-4601-4221 160-8411-4201, 160-8412-4201 001-4101-4201 001-2201-4315 001-2101-4305 105-2601-4303 001-6101-4303 001-4204-4303 109-3304-4303 001-2201-4317 001-2201-4317 001-8622-4201 ITEM AMOUNT 551.06 270.01 1,687.17 617.03 200.00 1.07 .27 .54 4.28 4.55 10.44 6.69 6.96 .54 80.82 34.26 4.82 7.76 54.06 30.78 5.35 14.44 28.13 80.00 703.50 1,709.50 1,520.00 374.00 130.00 64.95 880.18 7,415.94 609.53 161.28 168.70 398.86 18,335.00 PAGE 1 CHECK AMOUNT 821.07 1,687.17 617.03 200.00 295.76 80.00 703.50 3,229.50 374.00 130.00 64.95 9,066.93 567.56 18,335.00 VOUCHRE2 05/23/02 16:50 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 29224 05/23/02 009902 CONNECT TELEVISION 29225 05/23/02 007809 CORPORATE EXPRESS 29226 05/23/02 000850 L. N. CURTIS 29227 05/23/02 011304 DAMON CONSTRUCTION 29228 05/23/02 006100 DATA VAULT CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION RECONNECT C -BAND SATELLITE. CREDIT RETURNED MERCHANDISE OFFICE SUPPLIES/MAY 02 RETURNED MERCHANDISE/MAY 02, OFFICE SUPPLIES/REQ 7786/5/02 LETTERS SEWN ON COATS MANHATTAN AVE STREET PROJECT SPECIAL DELIVERY 4/09/02 OFF SITE STORAGE/JUNE 02 29229 05/23/02 010909 DIVERSIFIED RISK INSURA TULIP INSURANCE/APRIL 02 29230 05/23/02 010701 ECPI 29231 05/23/02 008769 EDEN SYSTEMS 29232 05/23/02 011034 EKLUND'S BLAST OFF 29233 05/23/02 011509 EMBROID ME 29234 05/23/02 009529 FAILSAFE TESTING 29235 05/23/02 001962. FEDERAL EXPRESS CORP. EXPRESS MAIL/APRIL 02 29236 05/23/02 011488 FIRST IN FIRE EQUIP. CO SAFETY HELMETS FINGERPRINTING SUPPLIES SCHEDULING SESSION/UPGRADE DOWNTOWN STEAM CLNG/APRIL 02 LOGO PREP & EMBROIDER JACKETS AERIAL LADDER ANNUAL INSTPECT 29237 05/23/02 001007 RON FOX MILEAGE REIMBURSE/5/30-5/2/02 29238 05/23/02 003084 GOLDEN WEST COLLEGE TUITION FOR SGT. AVERILL 29239 05/23/02 008000 GOOD GUYS RECORDERS/VIDEO CAMERA 29240 05/23/02 004108 HAZELRIGG RISK MGMT SER WORKER'S COMP CLAIMS/5/10-17 29241 05/23/02 001399 ICI DULUX PAINT CENTERS PAINT PURCHASE/MAY 02 29242 05/23/02 011237 IDYLL MOUNTAIN INTERNET WEB PAGE SERVICE/3/4-5/15 29243 05/23/02 002758 ANGELA JANULEWICZ 29244 05/23/02 005026 KOMPAN, INC. MEALS REIMBURSEMENT MERMAID FOUNTAIN PLAY EQUIPMEN 29245 05/23/02 011588 LA AREA FIRE MARSHALS A COURSE REGISTRATION/OSEKOWSKY 29246 05/23/02 004534 LASER IMAGING TONER CARTRIDGES/APRIL 02 INKJET CARTRIDGES/APRIL 02 TONER CARTRIDGE/MAY 02 ACCOUNT NUMBER 715-1206-4201 001-2101-4305 001-4202-4305 001-2101-4305 001-1208-4305 001-2201-4309 146-8168-4201 715-1206-4201 715-1206-4201 001-3897 001-2101-4306 001-1202-4201 109-3301-4201 001-4202-4187 001-2201-4251 001-4601-4308 180-2202-5402 001-2101-4313 001-2101-4312 153-2106-5401 705-1217-4324 001-4204-4309 715-1206-4201 001-2101-4313 125-8530-5402 001-2201-4317 715-1206-4309 715-1206-4309 001-2101-4305 ITEM AMOUNT 120.00 64.06- 172.52 110.80- 119.82 48.87 35,851.50 55.00 180.30 598.84 654.10 93.75 3,725.00 312.84 2,077.50. 17.23 524.47 65.70 79.00 634.03 12,830.56 132.68 325.00 84.00. 4,625.34 105.00 240.06 164.86 302.00 PAGE 2 CHECK AMOUNT 120.00 117.48 48.87 35,851.50 235.30 598.84 654.10 93.75 3,725.00 312.84 2,077.50 17.23 524.47 65.70 79.00 634.03 12,830.56 132.68 325.00 84.00 4,625.34 105.00 VOUCHRE2 05/23/02 16:50 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PRINTER CARTRIDGES/MAY 02 ACCOUNT NUMBER 715-1206-4309 29247 05/23/02 000792 CHIEF OF POLICE MICHAEL REIMBURSEMENT/TRAINING/1/22-24 001-2101-4312 29248 05/23/02 008445 LITTLE CO OF MARY HOSPI PRE-EMPLOYMENT EXAMS 29249 05/23/02 006514 MAXIMUS PMT 4 STATE MANDATED COST 29250 05/23/02 010496 MINOLTA BUSINESS SYSTEM STAPLES FOR COPIER 29251 05/23/02 010279 MITY-LITE 29252 05/23/02 007762 NEOPOST 29253 05/23/02 000321 PACIFIC BELL 29254 05/23/02 001649 PACIFIC SALES 29255 05/23/02 010139 PARKING CONCEPTS INC. 29256 05/23/02 011574 LANDON PHILLIPS 29257 05/23/02 011580 PHOENIX FIRE DEPARTMENT 29258 05/23/02 008482 PMX MEDICAL SPECIALTY 29259 05/23/02 010157 PURKISS.ROSE-RSI 29260 05/23/02 009852 QUANTUM CONSULTING COMM. CENTER TABLE SCALE SOFTWARE RATE CHANGE WHITE PAGE LISTING REFRIGERATOR FOR EVIDENCE PARKING OPERATION /APRIL 02 LOT A OPERATION/APRIL 02 REIMBURSE FOR UNIFORM REGISTRATION/JERRY GOMEZ MEDICAL SUPPLIES/FIRE DEPT PHASE III PIER DESIGN/4/02 INSPECTIONS/LOMA DR./4/02 29261 05/23/02 011573 OFFICER STEVEN SAYLOR UNIFORM REIMBURSEMENT 29262 05/23/02 007518 JULES SELTZER & ASSOC. 29263 05/23/02 011565 SHERATON SUITES 29264 05/23/02 009656 SHRED IT CALIFORNIA 29265 05/23/02 009955 SOUTH BAY PIPELINE FURNITURE FOR REMODEL LODGING/JANULEWICZ DESTRUCTION SERVICES/MAY 02 REPAIR OF SEWER MAIN 29266 05/23/02 008812 SOUTH BAY REGIONAL PUBL MOTORCYCLE EQUIPMENT/NEW BIKE 29267 05/23/02 000159 SOUTHERN CALIFORNIA EDI ELECTRIC BILLING/APRIL 02 ELECTRIC BILLING/APRIL 02 ELECTRIC BILLING/APRIL 02 ELECTRIC BILLING/APRIL 02 ELECTRIC BILLING/APRIL 02 ELECTRIC BILLING/APRIL 02 ELECTRIC BILLING/APRIL 02 ELECTRIC BILLING/APRIL 02 10 001-1203-4320 001-1202-4201 001-4202-4305 001-4204-4309 001-1208-4201 001-2101-4304 153-2106=5401 109-3304-4231 109-3305-4231 001-2101-4187 001-2201-4317 001-2201-4309 001-8630-4201 308-8183-4201 001-2101-4187 715-8622-4201 001-2101-4313 001-2101-4201 160-8409-4201 153-2106-5403 105-2601-4303 105-2601-4303 001-4204-4303 001-6101-4303 105-2601-4303 160-3102-4303 160-3102-4303 109-3304-4303 PAGE 3 ITEM CHECK AMOUNT AMOUNT 462.09 1,169.01 103.22 103.22 190.00 190.00 837.00 837.00 61.46 61.46 998.68 998.68 189.00 189.00 .19 .19 169.95 169.95 12,858.84 11,292.62 24,151.46 185.97 185.97 439.00 439.00 331.51 331.51 3,945.05 3,945.05 8,513.00 8,513.00 185.97 185.97 102,476.75 102,476.75 278.59 278.59 85.00 85.00 4,345.00 4,345.00 342.24 342.24 223.89 10,990.39 4,941.89 2,577.86 34.10 114.67 340.58 1,508.72 VOUCHRE2 05/23/02 16:50 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 29268 05/23/02 000124 TODD PIPE & SUPPLY 29269 05/23/02 008207 UNDERGROUND SERVICE ALE 29270 05/23/02' 010785 UNITED STORM WATER, INC '29271 05/23/02 004768 UPTIME COMPUTER SERVICE 29272 05/23/02 011035 US LANDSCAPES, INC. CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC BILLING/APRIL 02 BILLING/APRIL 02 BILLING/APRIL 02 BILLING/APRIL 02 BILLING/APRIL 02 BILLING/APRIL 02 BILLING/MAY 02 BILLING/APRIL 02 BILLING/APRIL 02 BILLING/APRIL 02 BILLING/APRIL 02 BILLING/APRIL 02 BILLING/APRIL 02 BILLING/APRIL 02 BILLING/APRIL 02 WATER FOUNTAINS/2ND & 14TH ST DISCOUNT OFFERED DISCOUNT TAKEN UNDERGROUND SERVICE ALERT CATCH BASIN MAINT/MAR 02 PRINTER REPAIRS PRINTER MAINT/JUNE 02 PARKS MAINT/APRIL 02 TREE TRIMMING/APRIL 02 TREE TRIMMING/APRIL 02 DOWNTOWN TREES/APRIL 02 EXTRA WORK/APRIL 02 29273 05/23/02 011281 VERIZON SELECT SERVICES INTERNET SERVICES/MARCH 02 29274 05/23/02 007404 THE WAVE SUMMER TRANSPORTATION TICKETS TOTAL CHECKS ACCOUNT NUMBER 105-2601-4303 001-6101-4303 001-4204-4303 105-2601-4303 105-2601-4303 001-6101-4303 105-2601-4303 109-3304-4303 001-4204-4303 105-2601-4303 105-2601-4303 105-2601-4303 105-2601-4303 109-3304-4303 001-3104-4303 001-6101-4309 001-2021 001-2022 160-3102-4201 160-3102-4201 001-2201-4305 715-1206-4201 001-6101-4201 001-6101-4201 105-2601-4201 109-3301-4201 001-6101-4201 715-1206-4201 001-1550 ITEM AMOUNT 10.49 12.96 170.56 16.66 274.79 285.83 23.00 2,456.44 30.90 27.11 203.25 23.51 29.20 60.30 125.79 451.93 9.22 9.22- 90.00 541.50 181.34 641.60 11,595.00 3,000.00 675.00 250.00 1,692.00 436.27 150.00 PAGE 4 CHECK AMOUNT 24,482.89 451.93 90.00 541.50 822.94 17,212.00 436.27 150.00 292,616.24 VOUCHRE2 05/23/02 16:50 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 105 LIGHTG/LANDSCAPG DIST FUND 109 DOWNTOWN ENHANCEMENT FUND 110 PARKING FUND 125 PARK/REC FACILITY TAX FUND 146 PROPOSITION 'C FUND 153 SUPP LAW ENF SERV (SLESF) 160 SEWER FUND 180 FIRE PROTECTION FUND 308 LOMA UTIL UNDRGRND IMPROV FUND 705 INSURANCE FUND 715 EQUIPMENT REPLACEMENT FUND TOTAL _o 67,895.15 13,411.57 32,313.20 47.92 4,625.34 35,851.50 1,146.22 10,348.42 524.47 8,513.00 12,830.56 105,108.89 292,616.24 1a. PAGE 5 VOUCHRE2 05/23/02 16:50 • 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 1 TO IrINCLUSIVE, OF THE VOUCHER REGISTER FOR JE -- S/ OfA ARE ACCURATE, FUNDS ARE AVAILABLE FOR PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET. BY FINANCE IIRRECTOR DATE 4 /y /7'/ Honorable Mayor and Members of the City Council CANCELLATION OF CHECKS June 3, 2002 For the Meeting of June 11, 2002 Please consider the following request for cancellation of the check listed below: #29019 — 5/02/02 — Kara Kocal - $427.00. Acct. # 001-2111 The check was lost in the mail. A stop payment has been placed. Concur: 4' ��f11, S hen ` : u rell, Noted for fiscal impact: City Manager Viki Copeland, Finance Director C John M. Workman, City Treasurer ;I , r i6-17,,g,t,„,i; /bath i June 6, 2002 Honorable Mayor and Members of the Hermosa Beach City Council • 6////0;____ Regular Meeting of June 11, 2002 TENTATIVE FUTURE AGENDA ITEMS Recommendation to receive and file action minutes from the Planning Commission meeting of June 18, 2002 Community Development Director Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of June 4, 2002 Community Resources Director May Activity Reports All Departments ............. ... REVIEW OF ECONOMIC DEVELOPMENT REVIEW COMMITTEE FINAL REPORT 1IL.Y• Text Amendment for non -required off-site parking in M-1 zone. Community Development Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of June 19, 2002. Public Works Director Public Hearing: 1100 The Strand, Scotty's — Appeal of P.C. denial of a CUP amendment to allow on -sale general alcohol; amplified live entertainment; a take-out food service window; & 24-hour operation in conjunction with an existing restaurant and to add bar seating in the patio area & Neg. Dec. (Continued from meeting of May 28, 2002) Expenditure of 10% of LA County CDBG funds for the general administration of projects funded through the CDBG program. Community Development Director Community Development Director Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of July 2, 2002 Recommendation to receive and file action minutes from the Planning Commission meeting of July 16, 2002 June Activity Reports Community Resources Director Community Development Director All Departments May 30, 2002 Honorable Mayor and Members For the City Council Meeting of the City Council of June 11, 2002 ACCEPTANCE OF DONATIONS Recommended Action: It is recommended that the City Council accept donations received by the City to be used as follows: ChevronTexaco Sea Sprite Motel & Apartments Re-pectfully submitted: Valerie Mohler Accounting Supervisor c: \donation 2000.doc $8,000.00 FY 2001-02 - $3,000.00 to be used for Surf Camp materials. FY 2002-03 - $5,000.00 to be used for Surf Camp instructors. 1,000.00 To be used for the purchase of a thermal imaging device for the Fire Department. Concur: • 1 Viki Copeland Finance Director phen Burrell City Manager 2d y Honorable Mayor and Members of the Hermosa Beach City Council May 30, 2002 Regular Meeting of June 11, 2002 PROJECT NO. CIP 02-626 COMMUNITY CENTER THEATER ADA UPGRADES APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR DESIGN Recommendation: It is recommended that the City Council: 1. Approve the attached agreement between the City of Hermosa Beach and Gerson/Overstreet CMTS for $15,002.90; 2. Authorize the City Clerk to attest and the Mayor to execute said agreement, upon approval as to form by the City Attorney; and 3. Authorize the Director of Public Works to make changes to the contract amount not -to - exceed $1,600. Background: The 2002-2003 Capital Improvement Project Budget has included a project for the design and construction of architectural upgrades to the Community Center Theater as required by the Americans with Disabilities Act. The services of an architect are needed tosupplement the design capacity of the Public Works . Department. These services will include the preparation of detailed design plans,: specifications, cost . estimates and other construction documents as required. Proposals were received from the following firms: 1. Gerson/Overstreet CMTS 2. Henry Woo Architects 3. William Burch Architects $15,002.90 $62,510.00 $35,740.00 Analysis: Each proposal was evaluated on the basis of the scope of services, similar projects, resumes of key personnel, fee schedule and work schedule. After evaluating submitted proposals, Gerson/Overstreet CMTS scored the highest number of points. CONSULTANT . ° SCOPE OF WORK SCHEDULE PROPOSAL- ' " QUALIFICATIONS & EXPERIENCE OVERALL RATING Gerson/Overstreet 3 2 3 3 11 Henry Woo Architects 2 2 2 3 9 William Burch Architects 3 1. - 1 3 8 • Therefore, Staff has selected Gerson/Overstreet CMTS to provide the required services for a fee of $15,002.903 The general scope of work consists of the following: 1. Programming Phase 2. Schematic Design 3. Design Development 4. Construction Documents 5. Bid Phase _ 6. Construction Phase The detailed scope of work may be found in Exhibit A of the Professional Services Agreement. Fiscal Impact: The 2002-03 budget for this project is $144,749 in CDBG Funds. After paying the $15,002.90 for the architectural design and engineering, there will be $129,746.10 available for construction. Attachments: 1. Project Detail Sheet 2. Professional Services Agreement Respectfully submitted, Harold C. Williams, P.E. Director of Public Works/City Engineer Noted for Fiscal Impact: Viki Copeland Finance Director Concur: Ste • =n ' . Burr ll City Manager Concur: Sol Blumenfe Community D velopment Director F:\B95\PWFILES\CCITEMS102-626 approval of psa 6-11-02.doc PSA NO. 02.003 PROFESSIONAL SERVICES AGREEMENT PROJECT No. CIP 02-626 COMMUNITY CENTER THEATER ADA UPGRADES THIS AGREEMENT, made and entered into this 11th day of June, 2002 at Hermosa Beach, County of Los Angeles, State of California, by and between the CITY OF HERMOSA BEACH, through its duly elected, qualified and acting MAYOR, hereinafter called the CITY, and Gerson/Overstreet CMTS hereinafter called the CONSULTANT. WITNESSETH: That the CONSULTANT for and in consideration of the covenants, conditions, agreements, and stipulations of the CITY herein expressed, does hereby agree to furnish to the CITY professional services and materials, as follows: ARTICLE I - Scope of Work CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the plans and specifications or the scope of work attached as Exhibit "A". ARTICLE II - Costs The CITY agrees to pay CONSULTANT for all the work or any part of the ' work performed under this Agreement at the rates and in the manner established in the attached Bid Proposal. Total expenditure made under this contract shall not exceed the sum of $15,002.90. This fee includes all expenses, consisting of all incidental ,blueprinting, photography, travel, and miscellaneous costs, estimated to be accrued during thelife of the contract. It also includes any escalation or inflation factors anticipated. No increase in fees will be allowed during the life of the contract. Any increase in contract amount or scope shall be by express written amendment approved by the CITY and CONSULTANT. The CONSULTANT will be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part 1-14 of the Federal Procurement Regulations. ARTICLE III - Method of Payment CONSULTANT shall be reimbursed monthly in arrears based upon the hourly services provided. CONSULTANT shall submit invoices in triplicate and addressed to the CITY, do the Finance Department, 1315 Valley Drive, Hermosa Beach, CA 90254-3884. ARTICLE IV - Subcontracting CONSULTANT shall not be permitted to subcontract any portion of this contract without the express written consent of the CITY. • • ARTICLE V - Completion Date CONSULTANT shall commence work under this agreement upon execution of this agreement and shall complete the work according to the schedule submitted as part of Exhibit "A", however, the CITY's Director of Public Works may extend the completion date as required by the scope of this contract. Any contract time extension shall require the express written consent of the Director of Public Works. ARTICLE VI Accounting Records CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONSULTANT's California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder. ARTICLE VII - Ownership of Data All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY. ARTICLE VIII -.Termination This contract may be terminated at any time for breach and the CITY may terminate unilaterally and without cause upon seven (7) days written notice to the CONSULTANT. All worksatisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. ARTICLE IX - Assignability CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY. ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. ARTICLE XI - Non -Solicitation Clause The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent. fee. 2 • • ARTICLE XII - Equal Opportunity Assurance During the performance of this contract, the CONSULTANT agrees as follows: A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. The CONSULTANT will permit access to their books, records and accounts by the applicant agency, the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. D. In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled,- terminated or suspended in whole or in part. ARTICLE XIII - Clean Air Act During the performance of this Contract, the CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. ARTICLE XIV - Indemnity CONSULTANT agrees to indemnify the CITY, its officers, employeesand agents against, and will hold and save each. of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONSULTANT, its agents, employees, subcontractors, or invitees, provided for herein. CONSULTANT will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection herewith. CONSULTANT will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or Liabilities. In the event CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONSULTANT for such 3 • • damages or other claims arising out of or in connection with the sole negligence of CONSULTANT hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to reasonable attorney's fees. ARTICLE XV - Insurance A. Without limiting CONSULTANT'S obligations arising under ARTICLE XIV - Indemnity , CONSULTANT shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this Agreement, •and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: i. Automobile Liability Insurance with minimum coverages of $500,000 for property damage, $500,000 for injury to one person/single occurrence, and $500,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT'S actions under this Agreement, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $1,000,000. iii. Worker's Compensation Insurance for all CONSULTANT'S employees to the extent required by the State of California. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) sand; (iii) shall not exceed $5,000 per occurrence. C. Additional Insured. City, its elected and appointed officers, agents, . and employees shall be named as additional insureds on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance. The insurance required in paragraphs A (i) (ii) and (iv) shall be primary and not excess coverage. E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of, any policy: during the effective period of the Agreement. ;All- required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefor at CONSULTANT'S expense. • • ARTICLE XVI - Enforcement of Agreement In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees in the amount to be determined by the court. ARTICLE XVII - Conflicts of Interest No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE XVIII - Independent CONSULTANT The CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. The CONSULTANT shall -not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. ARTICLE XIX - Entire Agreement of the Parties This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to. this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall beeffective unless executed in writing and signed by both CITY and CONSULTANT. ARTICLE XX - Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. 5 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF HERMOSA BEACH CONSULTANT MAYOR: Mayor, City of Hermosa Beach ATTEST: Elaine Doerfling, City Clerk APPROVED AS .TO FORM: City Attorney Agent, Gerson/Overstreet CMTS \f:\B95\PWFILES\PSA\02.003 02-626 design gerson-overstreet cmts 6-11-02.doc 6 EXHIBIT A SCOPE OF WORK I. Programming Phase Duration — 2 weeks A. Investigation: Acquire additional information on the site and the building. B. Programming: Develop overall Scope of Work and present written/graphic material to City of Hermosa Beach officials. 1. List of immediate items 2. List of complimentary items 3. Provide rough costs and prioritize all items C. Phasing: Develop phasing/implementation plan for overall Scope of Work conforming to budget with City officials. II. Schematic Design Phase Duration — 2 weeks A. Develop written/graphic Schematic Design for Phase I of the implementation plan submittal including: 1. Floor Plans 2. elevations 3. Building Sections 4. Design Approach B. Presentation to City officials for approval to proceed to Design Development phase. III. Design Development Phase Duration — 3 weeks A. Develop written and graphic Design Development submittal including: 1. Floor. Plans 2. Elevations 3. Building Sections 4. Door/Window/Finish Schedules 5. Outline Specifications 6. Cost Estimate B. Presentation to City officials for approval to proceed to Construction Documents phase. C. Preliminary Plan -Check with city and/or other ADA compliance agencies for approval to proceed to Construction Documents Phase IV. Construction Documents Phase Duration — 4 weeks A. Complete final Construction Documents including: 1. Complete all drawings with details 2. Complete Specifications 3. Final Cost Estimate B. Submit Construction Documents to City for Plan -Check C. Make corrections, back -check with City Plan -checker and obtain clearance to acquire Building Permit. V. Bid Phase Duration — 3 weeks A. Prepare bid documents B. Put out for Public Bid C. City awards project to successful bidder VI. Construction Phase Duration — 6 months (?) A. Assist by responding to Contractor's questions and requests for additional information in a timely manner B. Observe construction and monitor progress C. Review Contractor's product submittals in a timely manner D. Provide punch list of incomplete or deficient items to be completed prior to occupancy of building 2 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2002 AWARD PROFESSIONAL SERVICES AGREEMENT FOR CITY TRAFFIC ENGINEERING SERVICES Recommendation: It is recommended that the City Council: 1. Award a Professional Services Agreement to Katz, Okitsu & Associates for providing City Traffic Engineering and Transportation Planning Services for a not -to -exceed fee of $18,000; 2. Authorize the Mayor to execute and the City Clerk to attest the attached Professional Services Agreement subject to approval by the City Attorney; and 3. Authorize Staff to negotiate an agreement with Katz, Okitsu & Associates for. services in FY 2003-04. Background: The current Professional Services Agreement (PSA) with Stevens -Garland Associates (SGA) for City Traffic Engineering Services expires on June 30, 2002. Richard Garland of SGA has taken a full time position with the City of Carson; therefore, he is no longer available to serve the City. Since the firm of Katz, Okitsu & Associates (KOA) was selected through the Request, For Proposals process to perform the Northeast Hermosa Beach Neighborhood Traffic Study, Staff asked KOA to submit a proposal to provide city traffic engineering services for the City. KOA has proposed to provide city traffic engineering services as well as transportation planning services. The services will be provided on an on-call basis within the proposed budget for traffic engineering services. Billing will be done on an hourly basis as work is completed. Analysis: KOA's corporate headquarters are based in. nearby Monterey Park, California. They have a strong history of successfullycompleting tasks normally associated with this type of work. KOA is well known in the industry as a leader of traffic engineering;._ traffic signal system design and timing, civil design, traffic impact studies, parking analysis, pedestrian safety, and neighborhood traffic calming planning services. KOA currently provides on-call municipal traffic engineering services for the City of Malibu. They also 2f • • KOA is able to provide a team of experts in their respective fields to provide the City with the exact skill set required to meet all of the needs and requirements of the Public Works Department and the City of Hermosa Beach. Fiscal Impact: Since the FY 2002-03 budget has provided for contracting for City Traffic Engineering Services, there will be no additional costs. Attachment: Professional Services Agreement Respectfully submitted: /Harold C. G. G)di Williams, P.E. Director of Public Works/City Engineer Noted for Fiscal Impact: Viki Copeland Finance Director Concur: Ste T e . Burrell City Manager F:\B95\PWFILES\CCITEMS1traffic engineering services 02-03 6-11-02.doc • PSA NO. 02.004 PROFESSIONAL SERVICES AGREEMENT CITY TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING SERVICES THIS AGREEMENT, made and entered into this 11th day of June, 2002 at Hermosa Beach, County of Los Angeles, State of California, by and between the CITY OF HERMOSA BEACH, through its duly elected, qualified and acting MAYOR, hereinafter called the CITY, and Gerson/Overstreet CMTS hereinafter called the CONSULTANT. WITNESSETH: That the CONSULTANT for and in consideration of the covenants, conditions, agreements, and stipulations of the CITY herein expressed, does hereby agree to furnish to the CITY professional services and materials, as follows: ARTICLE I - Scope of Work CONSULTANT shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the plans and specifications or the scope of work attached as Exhibit "A". ARTICLE II - Costs The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this Agreement at the rates and in the manner established, in the attached Bid Proposal. Total expenditure made under this contract shall not exceed the sum of $18,000. This. fee includes all expenses, consisting of all incidental blueprinting, photography, travel, and miscellaneous costs, estimated to be accrued during the life of the contract. It also. includes any escalation or inflation factors anticipated. No increase in fees will be allowed during the life of the contract. Any increase in contract amount or scope shall be by express written amendment approved by the CITY and CONSULTANT. The CONSULTANT will be reimbursed for costs incurred in the performance hereof as. are allowable under the provisions of Part 1-14 of the Federal Procurement Regulations. ARTICLE III - Method of Payment CONSULTANT shall be reimbursed monthly in arrears based upon the hourly services provided. CONSULTANT shall submit invoices in triplicate and addressed to the CITY, c/o the •«Finance Department, 1315 Valley Drive, Hermosa Beach,;.CA ;90254-3884. ARTICLE IV - Subcontracting CONSULTANT shall not be permitted to subcontract any portion of this contract without the express written consent of the CITY. • • ARTICLE V - Completion Date CONSULTANT shall commence work under this agreement upon execution of this agreement and shall complete the work according to the schedule submitted as part of Exhibit "A", however, the CITY's Director of Public Works may extend the completion date as required by the scope of this contract. Any contract time extension shall require the express written consent of the Director of Public Works. ARTICLE VI - Accounting Records CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONSULTANT's California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder. ARTICLE VII - Ownership of Data All data, maps, photographs, and other. material collected or prepared under the contract shall become the property of the CITY. ARTICLE VIII - Termination This contract may be terminated at any time for breach and the CITY may terminate unilaterally and without cause upon seven (7) days written notice to the CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. ARTICLE IX - Assignability CONSULTANT shall not assign or transfer interest in this contract withoutthe prior written consent of the CITY. ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or anysubcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. ARTICLE XI - Non -Solicitation Clause The CONSULTANT warrants that heor she has not employed or retained any company or persons,- other --than a bona fide employee working solely for the CONSULTANT, ,any fee,._ commission percentage,"brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. • ARTICLE XII - Equal Opportunity Assurance During the performance of this contract, the CONSULTANT agrees as follows: A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. The CONSULTANT will permit access to their books, records and accounts by the applicant agency, the State, the Federal Highway Administration and/or the National Highway. Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. D. In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part. ARTICLE XIII - Clean Air Act During the performance of this Contract, the CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. ARTICLE XIV - Indemnity CONSULTANT agrees to indemnify the CITY, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONSULTANT, its agents, employees, subcontractors, or.. invitees, .,provided :.,for herein. CONSULTANT will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection herewith. CONSULTANT will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. In the event CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONSULTANT for such 3 damages or other claims arising out of or in connection with the sole_ negligence of CONSULTANT hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to reasonable attorney's fees. ARTICLE XV - Insurance A. Without limiting CONSULTANT'S obligations arising under ARTICLE XIV - Indemnity , CONSULTANT shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: i.: Automobile Liability Insurance with minimum coverages of $500,000 for property damage, $500,000 for injury to one person/single occurrence, and $500,000 for injury to more than one person/single occurrence. ii. Public Liability and Property Damage Insurance, insuring CITY its elected and appointed officers, agents, and employees from claims for damages for personal injury, including death., as well as from claims for property damage which may arise from CONSULTANT'S actions under this Agreement, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such: insurance shall have a combined single limit of not less than $1,000,000. iii. . Worker's Compensation Insurance for all CONSULTANT'S employees to the extent required by the State of California. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. C. Additional Insured. City, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A (i)' and (ii). D. Primary Insurance. The insurance required in paragraphs A *(i) (ii) and (iv) shall be primary and not excess coverage. E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance • policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefor at CONSULTANT'S expense. 4 • ARTICLE XVI - Enforcement of Agreement In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees in the amount to be determined by the court. ARTICLE XVII - Conflicts of Interest No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE XVIII - Independent CONSULTANT The CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or ;employees are in any manner agents or employees of the CITY. ARTICLE XIX - Entire Agreement of the Parties This Agreement supersedes any and -all other agreements, either oral or in writing, - between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. • Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein,- and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT. ARTICLE XX - Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF HERMOSA BEACH CONSULTANT MAYOR: Mayor, City of Hermosa Beach Agent, Katz, Okitsu & Associates ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM:. City Attorney F:1B951PWFILES\PSA1koa traffic engineering services psa 6-11-02.doc EXHIBIT A SCOPE OF SERVICES • Provide technical staff support for City Council, City Staff and Commissions. • Represent the City at regional organization meetings. • Provide Transportation Planning services. • Respond to citizen input and inquiries; i.e., questions, complaints and suggestions relative to traffic issues. • Attend City Council, Commission and staff meetings on an "as needed" basis. • Prepare reports summarizing investigations of requests for the installation and/or modification of traffic control devices, traffic signals, stop signs, parking regulations, speed zones, channelization, crosswalks, etc. • Provide traffic engineering review for proposed City projects, private development projects and special City events. Identify, review and develop recommendations for corrective measures for neighborhood streets experiencing unacceptably high volumes of traffic. Respond to requests from citizens or City officials regarding traffic issues. • Investigate and develop potential solutions for traffic and parking problems. • Monitor/observe traffic signal operations. - • Develop signing and striping plans. • Conduct speed surveys. Compile/assemble traffic volume data: • Assist the City Attorney with traffic -related litigation. • Prepare staff reports and provide verbal presentations at City Council, Planning Commission and Public Works Commission meetings. 7 Honorable Mayor and Members of the Hermosa Beach City Council June 3, 2002 Regular Meeting of June 11, 2002 PROJECT NO. CIP 00-630 PIER RENOVATION, PHASE III — APPROVAL OF APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN - SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM Recommendation: It is recommended that the City Council approve and adopt the attached resolution entitled "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE PIER RENOVATION — PHASE III". Background: Under the terms of the County of Los Angeles Regional Park & Open Space District Specified Project and . Per Parcel Discretionary Grant Programs, applicants must submit an adopted Resolution demonstrating that its governing body has duly considered the project at a public meeting and has authorized the filing of the application. Upon approval and adoption of the resolution, Staff will apply for residual funds in the amount of $141,743. These funds were left over from the Pier Renovation — Phase I & II, Parking Structure, and Strand Bike Path projects. Fiscal Impact: No impact. Attachment: Resolution Respectfully submitted, Tristan D. Malabanan Assistant Engineer Noted for fiscal impact: Viki Copeland Finance Director Concur: /Harold C. Williams, P.E. Director of Public Works/City Engineer Concur: Stell en Burr II City Manager F:\B95\PWFILES\CCITEMS\00-630 Approval of Grant Application. 06-11-02.doc 1 2 4 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 00- • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE APPLICATION FOR RESIDUAL GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THE PIER RENOVATION - PHASE III WHEREAS, the people of the County of Los Angeles on November 3, 1992 and on November 5, 1996, enacted Los Angeles County Proposition A, Safe neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth Recreation, Beaches and Wildlife Protection (the Proposition), which, among other uses, provides funds to public agencies and non-profit organizations in the County for the purposes of acquiring and/or developing facilities and open space for public recreation; and WHEREAS, the Proposition also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth for the necessary procedures governing applications for grant funds under the Proposition; and WHEREAS, the District's procedures require the Applicant to certify, by resolution, the approval of the application(s) before submission of said applications) to the District; and WHEREAS, the application form contains assurances that the Applicant must comply with; and WHEREAS, the Applicant certifies through this resolution; that the application is. approved for submission to. the District; and WHEREAS, the Applicant will enter into a Project Agreement with the District for the performance of the project as described in the application; -1- J.y 1 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES RESOLVE AS FOLLOWS: SECTION 1. Approves the filing of an application with Los Angeles County Regional Park and Open Space District for funds allocated under Section 8.a.5 and 3.c.1 of the Proposition for the above-named Project; and SECTION 2. Certifies that said Applicant understands the assurances and certifications in the application form; and SECTION 3. Certifies that said applicant understands its obligation to operate and maintain the property(s) in perpetuity; and SECTION 4. Certifies that said Applicant will sign and return within 30 days, both copies of the project agreementsent by the District for authorizing signature; and SECTION 5. Authorizes the City Manager, or designee, as agent of the City of Hermosa Beach, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary forthe completion of the project as described in the application. 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED,OPROVED AND ADOPTED this 11•day of June, 2002 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/piles/reso/00-630 approve app for grant funds - prop • 0/A9— May 30, 2002 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council June 11, 2002 PROJECT NO. CIP 95-507 VALLEY PARK IMPROVEMENTS — APPROVAL OF APPLICATION FOR ADDITIONAL ACCESS REVENUE FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT Recommendation: It is recommended that the City Council adopt the attached resolution. entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR ADDITIONAL ACCESS REVENUE FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THE VALLEY PARK IMPROVEMENT PROJECT." Background: In December 2001, the Los Angeles County Regional Park and Open Space District (LACRPOSD) authorized additional access revenue in the amount of $80,000 for improvement projects of City's choice. Staff requested an approvalfrom the LACRPOSD to use these funds for the Valley Park Improvements Project, and on April 30, 2002, the County Board of Supervisors formally approved this allocation. Under the terms for receiving the additional access revenue, City Council must approve the application for this additional access revenue from the Los Angels County Regional Park and Open Space. District. In addition, alterations should not be made to the agreement language or funding. These documents are available for review in the office of the Director of Public Works. The proposed work has been identified as Project No. CIP 95-507 Valley Park Improvements, and on February 25, 2002, City Council approved the plans, specifications and estimates to be advertised. In addition to the approved Resolution, documents such as the application form, project location map, site plan, Notice of Exemption for environmental impact and project time table need to be submitted to the Los Angeles County Regional Park and Open Space District for execution of the contract. At this time, these documents are available for submittal. 2h Fiscal Impact: After the Resolution has been approved by City Council and the Los Angeles County Regional Park & Open Space District executes the contract, $80,000 will be added to the City's revenues for this project. Attachment: Draft Resolution Respectfully submitted, 4& - Kenneth Kim 7 ' Assistant Engineer Noted for Fiscal Impact: Viki Copeland Finance Director Concur: /Harold C. Williams, P.E. Director of Public Works/City Engineer Concur: Ste %'' -n urrell City Manager F:\B95\PWFILES\CCITEMS\95-507 approve resolution for grants 6-11-02.doc • Resolution No: RESOLUTION OF CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVAL OF APPLICATION FOR ADDITIONAL ACCESS REVENUE FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THE VALLEY PARK IMPROVEMENTS PROJECT WHEREAS, the people of the County of Los Angeles on November 3, 1992 and on November 5, 1996, enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth Recreation, Beaches and Wildlife Protection (the Proposition), which, among other uses; provides funds to public agencies and nonprofit organizations in the County for the purposes of acquiring and/or developing facilities and open space for public recreation; and WHEREAS, the Proposition also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessaryprocedures governing application for grant funds under the Proposition; and WHEREAS, the District's procedures require the Applicant to certify, by resolution, the approval of the application(s) before submission of said application(s) to the District; and WHEREAS, the application form contains assurances that the Applicant must comply with; and WHEREAS, the Applicant certifies through this resolution; that the application is approved for submission to the District; and WHEREAS, the Applicant will enter into a Project Agreement with the District for the performance of the project as described in the application; NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL HEREBY: 1. Approve the filing of an application with Los Angeles County Regional Park and Open Space District for funds allocated under Section(s) (list ,each . section) . of the Proposition for the above- named Project; and Certifies that said Applicant understands the assurances and certifications in the application form; and Certifies that said Applicant understands its obligation to operate and maintain the property(s) in perpetuity; and 4. Certifies that said Applicant will sign and return, within 30 days, both copies of the project agreement sent by the District for authorizing signature; and 5. Authorizes the City Manager, designee, as agent of the City of Hermosa Beach to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the project as described in the application. Approve and Adopted this 11th day of June, 2002. I, the undersigned, hereby certify that the foregoing Resolution No. was duly adopted by the City Council with the following roll call vote: Ayes; Noes: Absent: Clerk F:\B95\PWFILES\CIP\95-507 Valley Park Improvements\ Resolution.doc Honorable Mayor and Members of The Hermosa Beach City Council ENCROACHMENT FEE WAIVER FOR 1543 GOLDEN AVENUE Recommendation: It is recommended that the City Council receive and file this report. Summary: .5)("1 4Vd June 3, 2002 Regular Meeting of June 11, 2002 On May 14, 2002, the Staff presented a request for exemption from obtaining an encroachment permit by the property owner at 1543 Golden Avenue to the City Council. At that meeting, Council allowed the property owner of 1534 Golden Avenue to continue work while applying for an encroachment permit. Staff was directed to report back regarding the issue of the request for fee waiver noting information as to how many residents of .that block have encroached into. the public right-of-way without a permit since 1996. Analysis: The west side of Golden Avenue is exempt fromthe sidewalk construction requirement per Council action January 10, 1995. However, homes built on the east side are. required to construct sidewalks. The right-of-way is 40 feet wide on Golden Avenue, 28 feet of which is pavement The standard sidewalk width for the east side of Golden Avenue, including the curb, is 4.5 feet. The distance from the curb face to the property line is 6.0 feet. Public Works Department records indicate that there are no encroachment permits on file for Golden Avenue before or after May, 1996. Properties that encroach into the public right-of-way since before May, 1996 are: 1538, 1546 and 1550 Golden Avenue. Some property owners on the east side of the street chose to fill in the 1.5 feet of dirt area between the property line and the back of the sidewalk with concrete while others chose to landscape the area (See attached pictures). Neither action required an encroachment permit. The west side of Golden Avenue is exempt from sidewalk requirements. However, if a property owner opts to install something other than a flat concrete surface such as the proposed hardscape in the public right-of-way at 1543 Golden Avenue, the City requires=an. encroachment permit and covenantto protect City frorri claim. that may arise as a result of that other type of surface in the area. 2i Fiscal Impact: None Alternatives: 1. Order Staff to collect an encroachment fee and a construction fee from the property owner. 2.. Waive the encroachment fee but require a fee for construction in the public right-of-way.. 3. Waive all fees. Attachments: Photographs Respectfully submitted, Htr174- Homayot A. Behboodi Concur: Harold C. Williams, P.E. Associate. Engineer Director of Public Works/City Engineer Stepurfell City Manager F:\B95\PWFILES\CCITEMS\Encroachment fee waiver 1543 Golden 6-11-02.doc 2 1534 Golden Avenue West side of Golden Avenue showing 4.5 ft. of sidewalk with a strip of landscaping 1.5 ft. wide between the sidewalk and the property line. 1570 Golden Avenue This is also the west side of Golden Avenue. It shows the 4.5 -ft sidewalk with the 1.5 -ft. strip of landscaping between the sidewalk and the property line. • • 1510 Golden Avenue Again, the west side of Golden Avenue without a strip of landscaping between the sidewalk and the property line. 1523 Golden Avenue The east side of Golden Avenue with 6-ft. concrete sidewalk and stamped concrete on the private side of the property. June 3, 2002 HONORABLE MAYOR and MEMBERS of the Regular Meeting of HERMOSA BEACH CITY COUNCIL June 11, 2002 SUBJECT: FINAL MAP #25678 (C.U.P. CON NO. 00-12, PDP NO. 00-14) LOCATION: 1136 & 1140 MONTEREY BOULEVARD APPLICANT(S): MARIA ROSA CURSAGE REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL MAP FOR A TWO - UNIT CONDOMINIUM CONVERSION PROJECT Recommendation Staff recommends approval of Final Parcel Map #25678 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 a two unit condominium conversion project and Vesting Tentative Parcel Map #25678 at their June 20, 2000 meeting. The project is 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 Ipursuant 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: doroPI . Blumenfe . , II irector Community D velopment Department Stephen R u City Manager e Res • ectfully' bmitt en Robertson Associate Planner y/ffm1136Monterey 4- 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25678 .FOR A TWO UNIT CONDOMINIUM CONVERSION PROJECT LOCATED AT 1136 & 1140 MONTEREY B OULEVARD; HERMO SA BEACH, CALIFORNIA. WHEREAS, the City Council held a meeting on June 11, 2002 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. 00-42 adopted after hearing on June 20, 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 #25678 in the City of Hermosa Beach, State of California, being a Subdivision of Lot 5, Tract No. 1070, as recorded in Book 17, Page(s) 136 of Maps in the Office of the Recorder of Los Angeles County, for a two -unit condominium conversion project on land commonly known as 1136 & 1140 Monterey Boulevard, Hermosa Beach, California. PASSED, APPROVED, and ADOPTED this 11th day of June, 2002. PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California Al _LEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY f:fm1136montereyrs CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Date: June 11, 2002 To: From: Sol Blumenfeld (rector Community Development Department Subject: Resolution Denying Amendment To Conditional Use Permit At 142 Pacific Coast Highway, Pitcher House. 6///A Honorable Mayor and Members of the City Council Attached is a Resolution denying an amendment to the existing Conditional Use Permit forbeer and wine, and entertainment to allow on -sale general alcohol. F: B95/6-11-02/cup02-3memo 2k 1 2 3 4 s 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 C.C. RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT, TO ALLOW ON -SALE OF GENERAL ALCOHOL IN CONJUNCTION WITH LIVE ENTERTAINMENT AT 142 PACIFIC COAST HIGHWAY LEGALLY DESCRIBED AS LOT 44, AND NORTHERLY 50.69 FT. OF LOTS 45 & 46 HOME BUILDERS PLACE TRACT. The City Council does hereby resolve and order as follows: Section 1. An application was filed by Gary Cullen, business owner of the Pitcher House located at 142 Pacific Coast Highway, seeking approval of an amended Conditional Use Permit to allow on -sale general alcohol. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the subject application on April 16, 2002, at which time testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. The City Council conducted a duly noticed de novo public hearing to reconsider the Planning Commission's approval of the CUP Amendment on May 28, 2002, at which testimony and evidence, both written and oral, was presented to and considered by the City Council. Section 4. Based on the evidence received at the public hearing, the City Council makes the following factual findings: 1. The applicant is proposing to change from beer and wine to an on -sale general alcohol establishment. 2. General alcohol and entertainment with a Conditional Use Permit and the dance floor are permitted uses in the zone the property is located, commercial Specific Plan Area number 7. 3. There has been non-compliance with P.C. Resolution 97-65 approving live entertainment, including not providing an adequate acoustical study with measures to attenuate noise satisfactorily, and not providing an air conditioning system of adequate size to air condition the entire building. 1 1 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 4. Based on the testimony supplied by the residents at the public hearing, the business is creating noise and nuisance conditions. 5. No justification can be found to approve an amendment to the existing Conditional Use Permit while the business is operating in a manner that is disturbing the neighborhood. 6. Amending the Conditional Use Permit that results in intensification of. use will only acerbate the nuisance conditions, that may result in revocation of the existing Conditional Use Permit. Section 5. Based on the foregoing, the City Council upon reconsideration of the Planning Commission's approval hereby denies the Conditional Use Permit. PASSED AND APPROVED, and ADOPTED this day of 2002 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CUP02-3r CITY CLERK CITY ATTORNEY 2 The Pitcher House Page 1 of 1 142 Pac} IC r-ORSIr fiwy.ffermo_ 10.374.0624' . ,www. 11.4A 54, tctie ho'xisA.co Pitcher House, Ph: 310.374.0626 142 Pacific Coast Hwy, Hermosa Beach, CA 90254 Bar hours are: Saturday - Thursday 4pm - 2am, and Friday 3pm - 2am. Happy Hour is: Monday - Thursday 4 - 7pm, and on Friday 3 - 7pm. You are visitor no. 0-0 4 0 7 3 to this-page:-Prease sign ona- uestbook CW 01111141 leisouladoma h €01141111101®®®111 1ccar®e Service http://www.pitcherhouse.com/ 6/11/02 s • Souune1 1esyeeleeriou, Channels & Boarding Old opening for AC Existing Woodeum walls • • Sound Insulation, Channels & Boarding s • Air Coiiditiouiuq 1 v • 6 G 1mi 6 impG Gil• • „lex Elec-.rile bervicti • • <K, • it=4.7A,ITiT,1".jr.14741rt:,;1Vill0/11 - • .• :;4"..,±..9..t • • PETITION TO THE HERMOSA BEACH CITY COUNCIL RECEIVED MAY 2 3 2802 We, the undersigned,. as concerned residents of Hermosa:. Beach. and neighboring ng EV. DEPT. communities, patrons of The Pitcher House, community and_ civic; leaders, business owners and taxpayers, URGE the City Council to adopt the UNANIMOUS decision of the Hermosa Beach Planning Department, and GRANT The Pitcher House, one of our oldest business establishments, a full liquor license. NAME ADDRESS SI ► ATURE -tt4 lAtiet.74 1(g terve IAN RF3 ',. ` z - r, ' i tLL.. iew I L;)-1144 t�.lpL f n,. t:. e '� On €i rf d dJ goei &arma Oe,ve... =,,443,:° rk RTot k 5-1( 2 6r 1 erG :1- Lk, _ l44 4,4Nt r • . Vitt r 4. . DeAstr--1 2 / , i e # /Zeiog e AP / rn�112-L M //l Iiprcr,,4 yt- qc G br;e(e .-151)0(0. itop 't,(kt,a4ct ate. ct ItNt�P ,, / /�/���'/y i � 1 ... / > , /,-/,, 2 -Alt Ir),Q6)07,94 t - - s,12,-- ZdA11/, `71,Ple./2. . . Iii 1, 4' 2 j 9 /3V, ,9 bA ,- 77-71-y / P 7— /5-4 r- 4-0/4-7-7thl (.._ '.Xe.1�i2,i -,/v /-9V _ -' ,,o,/, .A% ,7-410)-,d4) . Q- /IF / 7.Wkell . / M e4c,41/ / ,.. .4-e iclet46-7t_ 0 ii, (?lam, /4. 4 4 - c,ii ease send completed petition fornbs to The Pitcher House, 142 PCH, Hermosa Beach Privacy statarnQnt 23 06/06/2k002 1 r: • Davy Associates, sso iacn s,ACOnC ConauStiCS 2627 Manhattan Beach,Blvd" Suite 212 ■ ftedvndo Beach, G', 90276.1604 • Tel: 3W-643.5.161 • Fa»: 310.643-5364. • Erwil:DovyAszoc@aol.com PROJECT MEMORANDUM TO: GARY CULLE N FROM: BRUCE DAV• PROJECT: THE PITCHER HOUSE DATE: JUNE 5, 2002 JN: 2002-59 MEMO NO: P2002-59-1 MR1200 SUBJECT: LIVE ENTERTAINMENT COMMUNITY NOISE IMPACT 1. in accordance with your request, we have monitored noise levels generated by live entertainment at The Pitcher House at 142 Pacific Coast Highway, Hermosa Beach, 2. Noise measurements were made on 2"d Street on June 2, 2002 between the hours of 9:00 p.m. and 10:00 p.m. Noise measurements were :Made at three locations ranging from 155 to 385 feet from the east curb of Peib is Coast Highway. These locations correspond to residences on the north and south side of 2 ' Street to the east of The Pitcher House. 3. All ambient noise measurements were made with a Larson Davis Model 700 sound level meter calibrated with a B&K Model 4230 acoustical calibrator prior to and following the measurements. At all three locations, the x..50, L25, L8, L2 and LMAX ambient:noise levels were measured over a 30 -minute period. These noise levels'are the: noise levels in the Hermosa Beach;Noise Ordinance. The L50, L25, L8, and L2 noise levels are those mise levels exceeded 50%, 25%, 8%, and 2% of the time respectively during the measurement Interval. The LMAX Is the maximum noise level that occurred during the measurement interval. 4 06/06/2002 17:24 13106435364 • P2002-59-1 MR1200 The Pitcher House )MY • • • June 5, 2002 Page Two 4. At all three locations, ambient noise levels were controlled by traffic on Pacific Coast Highway. These ambient noise levels due to traffic on Pacific Coast Highway range from an LMAX 64 dBA to an LMAX 74 dBA. 5. Chapter 19.5 - Noise Regulation of the Hermosa Beach City ccide sets down noise levels for various land -use districts. The allowable levels for residential and commercial areas are listed in Table 1. Table 1 Hermosa Beach City Code Allowable Noise Levels In dB (10 p.m. to El a.m.) . UR 1.21 LI ti, IMAX Residential 45 50 55 60 65 Commercial 65 70 75 80 85 • • The Hermosa Beach Noise Ordinance also allows noise level4 in each category to increase to the measured ambient noise levels. For the residential location closest to Pacific Coast Highway, the minimum measured ambient LMAX levels were In the 64 dBA range. Therefore, the criteria for noise levels along 21'd Street would be an LMAX 65 dBA. 6. The following LMAX levels were measured at the three locations. Table.2 Measured LMAX Noise Levels In dB Location Distance to PCH LAM 155 feet 80 dBA 2 250 72 3 385 74 UrW" �LJI�I•:,ri CJ Davy 0. 5. 6.* &Associates, Inc; Consultants in Acoustics P'Fi;at 1.7 26:7 Mar hatran ifeach $1vd., Suite 212 i ,Redondo Beach. CA 902 8.1604 • Tel: 310-03.51 ii1 P : 310.643.-330 • 1r'+nal?•DavyAaaoeItac1,coM NOIR June 10, 2002 Mr, Gary Cullen The Pitcher House 142 Pacific Coast Highway Hermosa Beach, CA 90254 SUBJECT: PROPOSAL FOR, ACOUSTICAL CONSULTING SERVICES The Pitcher Hoards, Hermosa Beach, California Clear Gary: In accordance with your request at our recent meeting, we are pleaSed to submit this proposal to provide additional noise monitoring at The Pitcher House. Our proposed scope of work for the project will include the foilowing'task: Task 1. We will visit the area to the east of the Pitcher House Oh Saturday June le or Sunday June 18th during evening hours when yr t) have live music. We will monitor noise levels in the community along 2" Street. We will prepare a report documenting the results of our measurements and a comparison Of measured noise levels with the requirements of the City of Hermosa Bach. ii: le our understanding that noise mitigeton measures have been iristalald since our last measurements on JOhe 2"d, 2002. • All work will be on an hourly bass in accordance with the rates on the enclosed Hourly Fee Schedule (effective date 10112001). We estimate a not -to -exceed fee to complete Task 1 as follows: Task 1: $560.00 Mr. Gary Cullen The Pitcher House June 10, 2002 Pegs Three If you have any questions concerning this proposal or if you require additional information, please can me.' We sera looking forward to working with yOul on this project. Sincerely, DAU'Y & ASSOCIATES, INC. ruce A, Davy, P.E. President BD/jr APPROVED BY: (SIGNATURE) (TYPED OR PRINTED NAME) TITLE: tic.:.... FOR COMPANY: !40i4'- DATE: //O /2 CD... • Honorable Mayor and Members of The Hermosa Beach City Council 6/i //a June 4, 2002 Regular Meeting of June 11, 2002 PROJECT NO. CIP 00-171 ARDMORE AVENUE STREET IMPROVEMENTS - VARIOUS LOCATIONS - ACCEPTANCE Recommendation: It is recommended that the City Council: 1. Accept the work by Nobest Inc. for Project No. CIP 00-171 Ardmore Avenue Street Improvements —Various Locations; 2. Authorize the Mayor to sign the Notice of Completion; and 3. Authorize Staff to release payment to Nobest Inc. (10% retained for 35 days following filing of Notice of Completion). Background: On March 27, 2001, City Council approved the award of the construction contract for Project CIP No. 00-171 Ardmore Avenue Street Improvements — Various Locations to Nobest Incorporated. The proposedwork included removal of the pavement, sidewalks, striping, curb and gutter, and the installation of AC pavement, concrete pavement, sidewalk, curb and gutter,pothole repair, crack seal, slurry seal, and thermoplastic striping. The contractor has completed the work to the satisfaction of the Director of Public Works/City Engineer. Analysis: 1. The project was constructed according to the plans, specifications and change orders prepared by Staff. Therefore, Staff recommends acceptance of the work as complete. 2. The project was completed on schedule. Start date: Contract time: Time Suspended: Date of completion: July 9, 2001 65 working days 51 days December 24, 2001 21 There were 51 suspended days due to problems with slurry seal scheduling, cold temperatures unsuitable for slurry, and time required to execute the change order and supplemental agreement to perform pothole repairs and slurry sealing on the additional section of Ardmore Avenue between Pier Avenue and 2nd Street. The City took beneficial occupancy on December 24, 2001. The remaining punch list items have all been completed. Fiscal Impact: The project was completed under budget and the remaining unexpended project balance is approximately $54,732. Respectfully submitted, Tristan D. Malabanan Assistant Engineer Noted for Fiscal Impact: Viki Copeland Finance Director Concur: 11, Harold C. Williams, P.E. Director of Publi Works/City Engineer Concur: Stephen Burrell City Manager F:\B95\PW FILES\CCITEMS\00-171 acceptance -Ardmore 04-23-02.doc 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 d-(° RESOLUTION 02- :�.//��r�-mos ofr/D2--- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT MINOR AMENDMENT TO CHANGE HOURS OF ALCOHOL SALES OF AN EXISTING DRIVE-THRU DAIRY/MARKET WITH OFF -SALE BEER AND WINE AT 205 PIER AVENUE, LEGALLY DESCRIBED AS LOT 1, BLOCK 49, FIRST ADDITION TO HERMOSA BEACH TRACT Section 1. An application was filed by Won Sam & Katsuko Y. Ahn, seeking a minor amendment to an existing conditional use permit to change hours of operation of an existing drive- thru dairy/market with off -sale beer and wine from 7:00 A.M. to 10:00 P.M. to 8:00 A.M. to 12 midnight Sunday through Thursday, and to 2:00 A.M. Friday and Saturday. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application to amend the Conditional Use Permit on April 16, 2002, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. The City Council conducted a duly noticed public hearing to consider the appeal of the application for the Conditional Use Permit on May 28, 2002, at which testimony and evidence, both written and oral, was presented to and considered by the City Council. Section 4. Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application to amend the Conditional Use Permit: 1. The site is zoned C-2, and is suitable for the proposed use with the proposed amendment for extended hours with off -sale alcohol; 2. The proposed use with extended hours is compatible with surrounding commercial uses; 3. The imposition of conditions as required by this resolution will mitigate any negative impacts on nearby residential or commercial properties; 4. The amendment is Categorically Exempt from the requirement for an environmental assessment pursuant to Section 15301 class 1 (involving negligible or no expansion of use beyond that previously existing) of the California Environmental Quality Act. Section 5. Based on the foregoing, the City Council hereby sustains the approval for the Conditional Use Permit minor amendment subject to the following Conditions of Approval; 1. The plans shall remain in substantial conformance with plans submitted and approved at the October 16, 1990 Planning Commission meeting. 2. Alcohol sales shall be limited to between 8:00 A.M. and 11:00 P.M. Sunday through Thursday, and 12:00 A.M. Friday and Saturday. 3. Operating hours shall be limited to between 8:00 A.M. and 12:00 A.M. Sunday through Thursday, and 2:00 A.M. Friday and Saturday. SUPPLEMENTAL 2rri INFORMATION -1- 2 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 4. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. 5. The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, littering, unruliness, and boisterous activities of the patrons outside the business and in nearby public areas. 6. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 7. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. The operation of the business shall comply with all applicable requirements of the Municipal Code. 9. The operation of the business shall be reviewed by the Planning Commission in six months. Any violation of theConditionsof approval and/or violation of the Hermosa Beach Municipal Code may be grounds for a public hearing for revocation of the Conditional Use Permit. Section 6. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed a 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. The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 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 and enforceable. Permittee shall defend, 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, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee 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. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. -2- 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 • The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The City Council may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. Section 7. Based on the foregoing, the City Council hereby sustains approval of a Conditional Use Permit minor amendment to an existing conditional use permit to change hours of alcohol sales of an existing drive-thru dairy/market with off -sale beer and wine from 7:00 A.M. to 10:00 P.M. to 6:00 A.M. to 11:00 P.M. Sunday through Thursday, and to 12:00 A.M. Friday and Saturday. PASSED, APPROVED, and ADOPTED this 28th day of May 2002 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -3- CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Date: June 11, 2002 To: Honorable Mayor and Members of. the City Council From: Sol Blumenfeld,rector Community Development Department Subject: Introduction of the -Resolution sustaining approval of a Conditional Use Permit minor amendment to an existing Conditional Use Permit for the Alta Dena Dairy at 205 Pier Avenue Attached is a resolution modifying hours for the Alta Dena Dairy, distinguishing off - sale alcohol hours from operating hours. 2n1 1 2 3 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT MINOR AMENDMENT TO CHANGE HOURS OF ALCOHOL SALES OF AN EXISTING DRIVE-THRU DAIRY/MARKET WITH OFF -SALE BEER AND WINE AT 205 PIER AVENUE, LEGALLY DESCRIBED AS LOT 1, BLOCK 49, FIRST ADDITION TO HERMOSA BEACH TRACT Section 1. An application was filed by Won Sam & Katsuko Y. Ahn, seeking a minor amendment to an existing conditional use permit to change hours of alcohol sales of an existing drive-thru dairy/market with off -sale beer and wine from 7:00 A.M. to 10:00 P.M. to 8:00 A.M. to 12 midnight Sunday through Thursday, and to 2:00 A.M. Friday and Saturday. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application to amend the Conditional Use Permit on April 16, 2002, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. The City Council conducted a duly noticed public hearing to consider the appeal of the application for the Conditional Use Permit on May 28, 2002, at which testimony and evidence, both written and oral, was presented to and considered by the City Council. Section 4. Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application to amend the Conditional Use Permit: 1. The site is zoned C-2, and is suitable for the proposed use with the proposed amendment for extended hours with off -sale alcohol; 2. The proposed use with extended hours is compatible with surrounding commercial uses; 3. The imposition of conditions as required by this resolution will mitigate any negative impacts on nearby residential or commercial properties; 4. The amendment is Categorically Exempt from the requirement for an environmental assessment pursuant to Section 15301 class 1 (involving negligible or no expansion of use beyond that previously existing) of the California Environmental Quality Act. Section 5. Based on the foregoing, the City Council hereby sustains the approval for the Conditional Use Permit minor amendment subject to the following Conditions of Approval; 1. The plans shall remain in substantial conformance with plans submitted and approved at the October 16, 1990 Planning Commission meeting. 2. Alcohol sales shall be limited to between 6:00 A.M. and 11:00 P.M. Sunday through Thursday, and 12:00 A.M. Friday and Saturday. 3. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. -1- 4. The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, littering, unruliness, and boisterous activities of the patrons outside the business and in nearby public, areas. 5. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 6. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 7. The operation of. the business shall comply with all applicable requirements of the Municipal Code. 8. The operation of the business shall be reviewed by the Planning Commission in six months. Any violation of the Conditions of approval and/or violation of the Hermosa Beach Municipal Code may be grounds for a public hearing for revocation of the Conditional Use Permit. Section 6. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed a 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. The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 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 and enforceable. Permittee shall defend, 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, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee 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. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any -2- 1 2 3 4 5 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 • 23 24 25 26 27 28 29 development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The City Council may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. Section 7. Based on the foregoing, the City Council hereby sustains approval of a Conditional Use Permit minor amendment to an existing conditional use permit to change hours of alcohol sales of an existing drive-thru dairy/market with off -sale beer and wine from 7:00 A.M. to 10:00 P.M. to 6:00 A.M. to 11:00 P.M. Sunday through Thursday, and to 12:00 A.M. Friday and Saturday. PASSED, APPROVED, and ADOPTED this 28th day of May 2002 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -3- • Honorable Mayor Members of the Hermosa Beach City Council ,e -,0r ago "'tune 5, 2002 Regular Meeting of June 11, 2002 SUBJECT: RECONSIDERATION OF PRECISE DEVELOPMENT PLAN 01-19, PARKING PLAN 01-4, VARIANCE 01-4 CONTINUED FROM THE APRIL 9 AND MAY 28 MEETINGS LOCATION: 1605 PACIFIC COAST HIGHWAY APPLICANT: SHOOK DEVELOPMENT CORPORATION 220 TECHNOLOGY DRIVE, SUITE 110 IRVINE, CA 92618 REQUESTS: PRECISE DEVELOPMENT PLAN FOR AN EXPANSION AND REMODEL TO AN EXISTING RETAIL AND ENTERTAINMENT CENTER, "THE HERMOSA PAVILION;" PARKING PLAN FOR SHARED PARKING TO ACCOMMODATE A HEALTH AND FITNESS FACILITY IN CONJUNCTION WITH OFFICE AND RETAIL USES; VARIANCE TO THE 35' HEIGHT LIMIT TO ENCLOSE THE UPPER FLOOR OPEN DECK AREAS AND TO ADD FLOOR AREA ABOVE THE OPEN AREA OF THE PARKING STRUCTURE Planning Commission Recommendation To sustain the decision to approve the Precise Development Plan and Parking Plan subject to the conditions as contained in the attached resolution, and to sustain the decision to approve the Variance to enclose the upper,floor deck areas and open area of the parking structure. Background At the meeting of May 28, the Council reviewed and considered changes to the plan as recommended by the Council at the meeting of April 9. These changes involved modifications to the building facade and a slight increase in the usable floor area. At the hearing, however, the applicant submitted a revision to the allocation of uses within the building. This latest request is to increase the area for the health and fitness club and decrease the area for office space. The City Council continued the hearing for the applicant to provide more information on the parking impacts of these changes, and for staff to review these changes. Project Information As presented previously, the applicant is proposing new construction and remodeling to expand and reconfigure the uses within the existing retail and entertainment center. The existing a roved use and proposed uses as revised, are summarized as follows: pP Prior Approved Use Allocation Proposed Project Proposed Allocation 5/28 Revision P.C. Approved 5/02 Revision Health and Fitness 44,300 44,300 68,000 Theatre (6-Plex) 26,680 SF Office 48,990 49,080 25,380 Retail and Restaurant 46,180 SF Retail 12,088 15,050 15,050 72,860 SF 105,378 SF 108,430 SF 108,430 Total Total For further background and project information please refer to the previous staff reports. 1 • • Analysis The reason for the recent change in the floor area allocation is to provide the greater floor area necessary for an "Ultra Sport" facility. The Ultra -Sport facility provides expanded amenities and upgrades as compared with a typical 24 -Hour Fitness club. For example, in addition to a pool and sport court, the club will include squash and racquetball courts, a juice bar, tanning booths, and a larger "kids club." Upgrades include executive locker rooms, towel service, and dry- cleaning service. Please refer to the attached letter from 24 -Hour Fitness which describe this type of club. PARKING The applicant has submitted a revised and updated Shared Parking Analysis to evaluate the impacts of the new allocation of uses (dated June 4, 2002), prepared by Linscott Law and Greenspan. The shared parking analysis continues to demonstrate that with this latest change that the existing parking supply will be sufficient for the proposed mix of uses based upon peak and off-peak usage. Parking spaces within the parking structure will be striped to provide 450 parking spaces (334 standard size, and 116 compact size). If necessary, attendant assistance could be provided for parking vehicles in 31 tandem spaces and 33 parallel aisle -parking spaces, for a possible total of 514 spaces. The original project of 72,860 square feet was approved with 540 parking spaces. (474 standard and compact, and 66 valet assisted) The analysis shows that based on the City's parking requirements the proposedmix of uses results in a total aggregate parking requirement of 842 spaces (Table B) as compared to 699 for the project prior to increasing the size of the health club. This calculation is based on net floor area, and excludes common areas/internal circulation within the office area.. This calculation, however, does not take into account the peak parking requirements and hourly variation in parking demand for each individual use in a mixed-use project. Therefore, the study includes a shared demand parking analysis based on the methodology and hourly parking adjustment factors developed by the Urban Land Institute (Table C and D). The parking demand rates used for the health club are less than the code required 1 space per 100 square feet and are less than used in previous analyses (5.0 spaces per 1000 square feet for the proposed "Ultra -Sport Club" with executive amenities rather than 6.75 spaces per 1000 square feet as previously used for a more typical club). The parking rates for the office and retail uses are the same, based on the parking requirements in the Zoning Code (4 spaces per 1,000 square feet). The study analyzed other 24 -Hour Fitness clubs of various sizes, including larger executive clubs, to come up with the current parking rate (see page 3, and Appendix C, of the parking study). Parkin n Tabulation: Proposed Use Allocation Code Requirement Number Peak Shared Weekday 5:00 P.M Fitness Club 68,000 SF 10 per 1000 sq. ft 680 340* Retail 15,050 SF 4 per 1000 sq. ft 60 47 Office 25,380 SF 4 per 1000 sq. ft 102 48 Total 105,378 SF 842 435 *Based on parking rate of 5.0 spaces per 1000 square feet. 2 • • Based on this analysis, the peak -shared use on a weekday of 435 spaces is actually less than under the previous allocation of uses which yielded a peak demand of 438 spaces. While staff generally agrees that this executive type club has lower intensity types of amenities and may lower the occupancy per square foot, its very difficult to verify the accuracy of the parking ratio of 5 spaces per 1,000 square feet. Further its difficult to determine whether or not the assumptions made in the analysis are accurate. A thorough parking study of comparable facilities was not done, and instead, the study relied on occupancy data provided by 24 Fitness (based on the number of scanned entrants to the club) for an "executive" club larger than the proposed club (110,000 square feet.). It was assumed that since the size of the proposed club is in between the sizes of the studied clubs, it will have a ratio that falls in between the 6.75 previously used and 3.27 parking rate assumed for the larger club based on the occupancy data. The City Traffic Engineer also states he would concur with the parking analysis if it could be confirmed that the data and assumptions are accurate; however, this cannot be completely verified at this time with the available information (see attached memorandum dated 6/4/02). Given the lack of assurance that the parking ratios used are reliable, and highly dependent on the proposed club being an "executive" club, staff recommends including a condition that the health and fitness club contain all the amenities as described. Further, the draft resolution continues to include a condition that requires periodic parking studies, and use of the managed parking to increase parking supplies if necessary. Also it requires Planning Commission review of the. Parking Plan if supplies are found inadequate. Please refer to the April 9 staff report for the discussion oft Var . c iss s and findings. CONCUR: Sol Blume 1- ld, irector Community evelopment Department Ken ' o.ertson Associate Planner City Manager Attachments 1. Proposed Alternative Resolutions to sustain the Planning Commission decisions 2. Correspondence from 24 -Hour Fitness 3. Traffic Engineers comments on parking study 4. Revised parking study 5 b95/cd/cc/pdp1605cont PROPOSED UPPER LEVEL PLAN aminII. .Juna 3. MI! n r K9di.a \NJ EIERMO SA 13EACIE Pacific iriast EfiOway at 1 Erth Strtet tiermo5a Beach, California !! /'•.r .,,,, 464 iNg: -kic-mnn SHOOK DEVELOPMENT TX/RX NO.4089 OU/b3/02 IS:32 tk24u38111po KEISNER & WIGGLE Amk 11. - HERMOSA SF CALCULATIONS Qe03/003 SQUARE FOOTAGE PER 6/3/02 PLAN F---- • 24 HOUR OFFICE RETAIL COMMON UPPER LEVELI 41,099 25,380 1 I, 2,765 STREET LEVEL 15,851 j 15,050 L. 1,974 LOWER LEVEL 1 1l,O5Oi I 1,172 TOTALS , 68,000 I 25,380 15,050 5,911 - TOTAL. 69,244 32,875 12,222 114,341 RECEIVED JUN 0 3 2002 COM. DEV. DEPT 06/03/02 15:29 TX/RX N0.4089 P.003 5- 1 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. 02 - Draft — For approval of revised allocation which increased health club to 68,000 sf A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PRECISE DEVELOPMENT PLAN AND PARKING PLAN, AS AMENDED, FOR AN EXPANSION AND REMODEL TO AN EXISTING COMMERCIAL BUILDING, "THE HERMOSA PAVILION;" AND TO SUSTAIN THE DECISION OF THE PLANNING COMMISSION TO APPROVE A VARIANCE TO THE 35' HEIGHT LIMIT TO ENCLOSE THE UPPER FLOOR OPEN DECK AREAS AND TO ENCLOSE THE OPEN AREA ABOVE THE PARKING STRUCTURE AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY The City Council of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. Applications were filed by Shook Development Corporation owner of property at 1605 Pacific Coast Highway, known as the "Hermosa Pavilion", seeking approval of a Precise Development Plan and Parking Plan to remodel and expand an existing commercial building and to allow shared parking to accommodate a new allocation of uses within the building including a health and fitness facility, office and retail uses, and seeking a Variance to the 35 -foot heightlimit to enclose the upper floor open deck areas and to add floor area above the open area of the parking structure. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Precise Development Plan, Parking Plan and Variance on February 19, 2002, and based on the testimony and evidence, both written and oral, that was presented to and considered by the Planning Commission, approved the Precise Development Plan and Parking Plan subject to conditions as set forth in P.C. Resolution 02-8 and approved the Variance subject to conditions as set forth in P.C. Resolution 02-9. Section 3. The City Council conducted a duly noticed public hearing to reconsider the decision of the Planning Commission to approve the Precise Development Plan, Parking Plan and Variance on April 9, May 28, and June 11, 2002, and heard testimony and evidence, both written and oral, that was presented to and considered by the City Council, including modifications to the plan made by the applicant to increase the allocation of square footage for the health and fitness club and to modify the facade of the building. based on City Council input. Section 4. Based on the record of decision of the Planning Commission and the evidence received at the public hearing, the City Council makes the following factual findings pertaining to the application for a Precise Development Plan and Parking Plan Amendment: 1. The Hermosa Pavilion retail and entertainment complex was originally approved in 1986, with said approval consisting of a Parking Plan for shared parking and a Conditional 1 6 1 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Use Permit for a 6-plex movie theatre (Resolution P.C. 86-40). The applicant is proposing changes to the allocation of uses summarized as follows: Prior Approved Use Allocation Proposed Project Proposed Allocation Health and Fitness Club 68,300 Theatre (6-Plex) 26,680 SF Office 25,380 Retail and Restaurant 46,180 SF Retail 15,050 Total 72,860 SF Total 108,430 SF 2. The existing 6 -level parking structure will be reconfigured to contain 450 parking spaces (334 standard, 116 compact size) with an additional 31 spaces if tandem parking is used and up to 514 total spaces with valet assistance in the existing six -level parking structure. 3. The site is zoned S.P.A. 8 which requires a Precise Development Plan for a remodel and expansion project that exceeds 10,000 square feet and exceeds a floor areas to lot area ratio of 1:1.:AParking Plan is necessary to amend the existing approved shared parking arrangement in order to comply with the parking requirements of the Zoning Ordinance. Section 5. Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application for a Precise Development Plan and Parking Plan Amendment: 1.: The project is consistent with applicable general and specific plans, and is in compliance with the use and development requirements of the Zoning Ordinance. 2. The site is zoned S.P.A. 8, Specific Plan Area -Commercial, and the project and proposed use complies with the development standards contained therein. 3. Pursuant to Section 17.44.210 of the Zoning Ordinance, a reduction in the number of parking spaces required is acceptable due to the proposed mix of uses with varying peak hours of parking needs. Parking demand is projected to be satisfied by the supply within the parking structure due to the proposed new mix of uses with varying times of peak parking demand. The applicant has submitted a Shared Parking Analysis, prepared by Linscott Law and Greenspan (dated June 4, 2002) to demonstrate that the parking will be sufficient for the proposed mix of uses as revised. The shared parking analysis shows that the proposed supply of 450 spaces is adequate to meet peak parking demand, based on projected hourly parking counts for the health and fitness club (derived from other similar operations in Santa Monica and Orange County), plus projected parking needs of the office and retail uses (based on City parking requirements). Further the 450 spaces can be supplemented with parking management. 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4. Compliance with the conditions of approval will mitigate any negative impact resulting from the issuance of the Precise Development Plan. 5. The City Council concurs with the Planning Commission based on the Staff Environmental Review Committee's recommendation, based on their environmental assessment/initial study, that this project will result in a less than significant impact on the environment, and therefore qualifies for a mitigated Negative Declaration. Further, since the shared parking analysis demonstrates that peak parking demand is accommodated with the parking supply and the trip generation analysis indicates that traffic impacts are not increased to a level of significance, the proposed revisions to the plan are not material and do not require any further environmental review. Section 6. Based on the foregoing, the City Council hereby approves the subject Precise Development Plan and Parking Plan subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans reviewed by the City Council at their meeting May 28, 2002, incorporating revisions in the allocations of uses reviewed on June 4, 2002. Modifications to the plan shall be reviewed and may be approved by the Community Development Director. 2. To ensure compliance with the Parking Plan for shared parking the allocation of uses within the building shall be substantially consistent with the following allocation: Allocation(in square feet) Health and Fitness Facility (with 6'8,000 executive amenities: a basketball court, pool, racquet courts, executive locker rooms, juice bar, tanning facilities and a "kids club") Office 25,380 Retail 15,050 Total 108,430 The approval of the Parking Plan is for an "executive" style Health and Fitness Facility, as reviewed by the City Council, and any change in this type of facility or the allocation as set forth above, requires amendment to the Parking Plan, and approval of the Planning Commission. 3. A parking operation plan shall be submitted for approval by the Planning Division prior to issuance of the building permit for the Health and Fitness Facility, ensuring maximum use of parking structure consistent with the Shared Parking Analysis (prepared by Linscott, Law and Greenspan, dated June 4, 3 2 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2002), and to ensure efficient ingress and egress to and from the structure. The parking structure shall be operated in accordance with said plan. a) A minimum of 450 single use and 30 dual use (tandem) parking spaces shall be available within the structure for employees and customers of all tenants within the building, and all parking shall be available on a first come first serve basis (i.e. no assigned parking except that tandem spaces shall be assigned to employees). b) The applicant shall certify the adequacy of parking supplies and the efficiency of the parking operation program six -months after occupancy of the Health and Fitness Facility, and annually thereafter in the month of January, with a report submitted to the Community Development Department by the applicant's traffic engineer verifying adequate on-site parking is available. If supplies are found to be inadequate, the applicant shall provide valet assisted parking, and a detailed valet assistance program shall be provided to the City for review by the City's traffic engineer. If the engineer finds the parking supply inadequate the Planning Commission shall review the Parking Plan and may modify the Parking Plan to resolve the parking inadequacy. c) A lighting and security plan, including possible use of security personnel shall be reviewed and approved by the Police Department to ensure that the parking structure is well lit and safe for the patrons prior to issuance of building permits. Architectural treatment including sign locations shall be as shown on building elevations and site and floor plans prior to issuance of building permits. Any modification shall require approval by the Community Development Director. . The project shall comply with the requirements of the Fire Department and the Public Works Department. • Final building plans/construction drawings including site, elevation, floor plan, roof plan (indicating property lines, surveyed corner point elevations, finished roof heights, and all required roof -top equipment), sections, details, signage, landscaping and irrigation, submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and City Council and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. a. The landscape plans shall include landscaping along Pacific Coast Highway and street trees and shall be consistent with the conceptual landscape plans approved by the City Council and the original landscape plans approved for the Hermosa Pavilion, subject to review and approval of the Community Development Director. 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 b. Project plans shall include insulation to attenuate potential noise problems with surrounding residential uses. 7. All exterior lights shall be located and oriented in a manner to insure that neighboring residential property and public right-of-way shall not be adversely effected. 8. Bicycle racks shall be provided in conveniently accessible locations to the satisfaction of the Public Works Department and the Community Development Director 9. The project and operation of the businesses shall comply with all applicable requirements of the Municipal Code. 10. A Variance for exceeding the maximum height shall be required for the proposed enclosure and roofing of additional floor area. 11. The Precise Development Plan and Parking Plan shall be recorded, and proof of recordation shall be submitted to the Community. Development Department. 12. Each of the above Conditions of Approval 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 and enforceable. 13. Permittee shall defend, 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, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. 14. The permittee 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. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. 15. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. 5 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 29 Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions Section 7. Based on the record of decision of the Planning Commission and the evidence received at the public hearing, the City Council Commission makes the following factual findings, with respect to the Variance request: 1. As part of an overall remodel and expansion to an existing retail entertainment center, the applicant desires to enclose open deck areas located within gaps between existing enclosed spaces at the upper level originally set aside for outdoor uses (dining, open corridors). The building height is not being increased above existing roof heights at these locations, however, the Variance is needed because the height limit was changed from 45 to 35 feet when the subject property was rezoned from C-3 to Specific Plan Area 8 in 1990. 2. The applicant also desires to enclose open deck areas located on the southern and western side of the building and to add floor area above the open area of the parking structure at the southwestern corner of the building. This enclosure and added floor will exceed the existing building height since the deck railing and wall of the parking structure represent the highest point of the building along this edge. 3. The Variance is being requested in conjunction with a substantial remodel and expansion to an existing retail and entertainment center, "The Hermosa Pavilion" to accommodate a health and fitness facility, office and retail space. Section 8. Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application for a Variance: 1. There are exceptional circumstances relating to the property due•to the combination of site conditions and the open deck design on the upper floor of the building. The lot is exceptional in that it is severely sloping with an average slope differential of 21.15', as measured from the corner point elevations, which is more excessive than any other commercial lot in the vicinity and zone. The building is constructed to its near maximum height of 45', although it is stepped down 12 feet from the highest point of the roof at the rear of the property. The original building construction includes substantial portions of open deck on the upper level, which compromises the utility of the building, as it was originally designed for open patio seating. Consequently, the severely sloping site and the existing design of the building are unique and exceptional and should be considered relative to the reuse and development of the property. 2. The Variance is necessary for the enjoyment of a substantial property right possessed by other properties in the vicinity because the property owner is seeking to retrofit the building for reuse and a viable purpose. The retro -fit requires enclosing the upper level open deck. Strict application of the height limit would, in this instance, severely restrict full reuse of the existing building, since the upper deck could not be enclosed. This would deny the owner the opportunity for full use of the property and deny a substantial property right possessed by others in the vicinity and zone. 6 !f 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 3. The Variance will not be materially detrimental to the public welfare of injurious to property or improvements in the vicinity because it permits enclosure of gaps between existing roof lines and will negligibly effect the visual appearance of the building and will not effect any views. Also the enclosure of these deck areas which could be used for outside dining under the current plan will actually be beneficial to nearby residential uses as it will attenuate potential noise impacts. 4. The Variance does not conflict with and is not detrimental to the General Plan as it does not result in material damage to surrounding properties and is also consistent with the goals, objectives, and policies of the General Plan. The General Plan encourages viable economic uses along the Commercial Corridor and encourages compatibility between commercial and residential uses. Section 9. Based . on the foregoing, the City Council hereby sustains the Planning Commission decision to approve the Variance subject to the following Conditions of Approval: 1. The project shall be consistent with submitted plans. Any minor modifications to the plan shall be reviewed and may be approved by the Community Development Director. 2. The Variance is specifically limited to the situation and circumstances that result relative to the proposed expansion and remodeling of the existing structure and is not applicable to the development of new structures or any future expansion. Section 10. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have 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. The Precise Development Plan, Parking Plan and Variance shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 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 and enforceable. Permittee shall defend, 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, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. 7 !Z 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 The permittee 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. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these; conditions. The Planning Commission may review this Precise Development Plan, Parking Plan and Variance and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. Section 11. Pursuant to the Code of Civil Procedure Section 1094.6 any legal challenge to the decision of the City Council, must be made within 90 days after the final decision by the City Council. PASSED, APPROVED, and ADOPTED this day of , 2002, PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY 8 1 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 For approval of 5/22 plan: th club containing 44,300 sf. RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PRECISE DEVELOPMENT PLAN AND PARKING PLAN, AS AMENDED, FOR AN EXPANSION AND REMODEL TO AN EXISTING COMMERCIAL BUILDING, "THE HERMOSA PAVILION;" AND TO SUSTAIN THE DECISION OF THE PLANNING COMMISSION TO APPROVE A VARIANCE TO THE 35' HEIGHT LIMIT TO ENCLOSE THE UPPER FLOOR OPEN DECK AREAS AND TO ENCLOSE THE OPEN AREA ABOVE THE PARKING STRUCTURE AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY The City Council of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. Applications were filed by Shook Development Corporation owner of property at 1605 Pacific Coast Highway, known as the "Hermosa Pavilion", seeking approval of a Precise Development Plan and Parking Plan to remodel and expand an existing commercial building and to allow shared parking to accommodate a new allocation of uses within the building including a health and fitness facility, office and retail uses, and seeking a Variance to the 35 -foot height limit to enclose the upper floor open deck areas and to add floor area above the open area of the parking structure. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Precise Development Plan, Parking Plan and Variance on February 19, 2002, and based on the testimony and evidence, both written and oral, that was presented to and considered by the Planning Commission, approved the Precise Development Plan and Parking Plan subject to conditions as set forth in P.C. Resolution 02-8 and approved the Variance subject to conditions as set forth in P.C. Resolution 02-9. Section 3. The City Council conducted a duly noticed public hearing to reconsider the decision of the Planning Commission to approve the Precise Development Plan, Parking Plan and Variance on April 9, and May 28, 2002, and heard testimony and evidence, both written and oral, that was presented to and considered by the City Council, including modifications to the plan made by the applicant based on City Council input. Section 4. Based on the record of decision of the Planning Commission and the evidence received at the public hearing, the City Council makes the following factual findings pertaining to the application for a Precise Development Plan and Parking Plan Amendment: 1. The Hermosa Pavilion retail and entertainment complex was originally approved in 1986, with said approval consisting of a Parking Plan for shared parking and a Conditional Use Permit for a 6-plex movie theatre (Resolution P.C. 86-40). The applicant is proposing changes to the allocation of uses summarized as follows: 1 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 Prior Approved Use Allocation Proposed Project Proposed Allocation Health and Fitness Club 44,300 Theatre (6-Plex) 26,680 SF Office 49,080 Retail and Restaurant 46,180 SF Retail 15,050 72,860 SF 108,430 SF Total Total 2. The existing 6 -level parking structure will be reconfigured to contain 450 parking spaces (334 standard, 116 compact size) with an additional 31 spaces if tandem parking is used and up to 514 total spaces with valet assistance in the existing six -level parking structure. 3. The site is zoned S.P.A. 8 which requires a Precise Development Plan for a remodel and expansion project that exceeds 10,000 square feet and exceeds a floor areas to lot area ratio of 1:1. A Parking Plan is necessary to amend the existing approved shared parking arrangement in order to comply with the parking requirements of the Zoning Ordinance. Section 5. Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application for a Precise Development Plan and Parking Plan Amendment: 1. The project is consistent with applicable general and specific plans, and is in compliance with the use and development requirements of the Zoning Ordinance. 2. The site is zoned S.P.A. 8, Specific Plan Area -Commercial, and the project and proposed use complies with the development standards contained therein. 3. Pursuant to Section 17.44.210 of the Zoning Ordinance, a reduction in the number of parking spaces required is acceptable due to the proposed mix of uses with varying peak hours of parking needs. Parking demand is projected to be satisfied by the supply within the parking structure due to the proposed new mix of uses with varying times of peak parking demand. The applicant has submitted a Shared Parking Analysis, prepared by Linscott Law and Greenspan - (dated May 22, 2002) to demonstrate that the parking will be sufficient for the proposed mix of uses. The shared parking analysis shows that the proposed supply of 450 spaces is adequate to meet peak parking demand, based on projected hourly parking counts for the health and fitness club (derived from a similar operation in Costa Mesa), plus projected parking needs of the office and retail uses (based on City parking requirements). Further the 450 spaces can be supplemented with parking management. 4. Compliance with the conditions of approval will mitigate any negative impact resulting from the issuance of the Precise Development Plan. 5. The City Council concurs with the Planning Commission based on the Staff Environmental Review Committee's recommendation, based on their environmental 2 1 3 4 5 6 8 10 11 12 13 14 15 16 17 18 19 20 -21 22 23 24 25 26 27 28 29 • • assessment/initial study, that this project will result in a less than significant impact on the environment, and therefore qualifies for a mitigated Negative Declaration. Section 6. Based on the foregoing, the City Council hereby approves the subject Precise Development Plan and Parking Plan subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans reviewed by the City Council at their meeting of May 28, 2002. Modifications to the plan shall be reviewed and may be approved by the Community Development Director. 2. To ensure compliance with the Parking Plan for shared parking the allocation of uses within the building shall be substantially consistent with the following allocation: Allocation(in square feet) Health and Fitness Facility (including 44,300 a basketball court and pool) Office . 49,080 Retail 15,050 Total 108,430 Any change to this allocation requires amendment to the Parking Plan, and approval of the Planning Commission. 3. A parking operation plan shall be submitted for approval by the Planning Division prior to issuance of the building permit for the Health and Fitness Facility, ensuring maximum use of parking structure consistent with the Shared Parking Analysis (prepared by Linscott, Law and Greenspan, dated January 23, 2002 and revised May 22, 2002), and to ensure efficient ingress and egress to and from the structure. The parking structure shall be operated in accordance with said plan. a) A minimum of 450 single use and 30 dual use (tandem) parking spaces shall be available within the structure for employees and customers of all tenants within the building, and all parking shall be available on a first come first serve basis (i.e. no assigned parking except that tandem spaces shall be assigned to employees). b) The applicant shall certify the adequacy of parking supplies and the efficiency of the parking operation program six -months after occupancy of the Health and Fitness Facility, and annually thereafter in the month of January, with a report submitted to the Community Development Department by the applicant's traffic engineer verifying adequate on-site parking is available. If supplies are found to be inadequate, the applicant shall provide valet assisted parking, and a detailed valet assistance program shall be provided to the City. 3 /4 1 3 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • c) A lighting and security plan, including possible use of security personnel shall be reviewed and approved by the Police Department to ensure that the parking structure is well lit and safe for the patrons prior to issuance of building permits. 4. Architectural treatment including sign locations shall be as shown on building elevations and site and floor plans prior to issuance of building permits. Any modification shall require approval by the Community Development Director. 5. The project shall comply with the requirements of the Fire Department and the Public Works Department. 6. Final building plans/construction drawings including site, elevation, floor plan, roof plan (indicating property lines, surveyed corner point elevations, finished roof heights, and all required roof -top equipment), sections, details, signage, landscaping and irrigation, submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and City Council and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. a. The landscape plans shall include landscaping along Pacific Coast Highway and street trees and shall be consistent with the conceptual landscape plans approved by the City Council and the original landscape plans approved for the Hermosa Pavilion, subject to review and approval of the Community Development Director. b. Project plans shall include insulation to attenuate potential noise problems with surrounding residential uses. 7. All exterior lights shall be located and oriented in a manner to insure that neighboring residential property and public right-of-way shall not be adversely effected. 8. Bicycle racks shall be provided in conveniently accessible locations to the satisfaction of the Public Works Department and the Community Development Director 9. The project and operation of the businesses shall comply with all applicable requirements of the Municipal Code. 10. A Variance for exceeding the maximum height shall be required for the proposed enclosure and roofing of additional floor area. 11. The Precise Development Plan and Parking Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 4 • ! 12. Each of the above Conditions of Approval 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 and enforceable. 13. Permittee shall defend, 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, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. 14. The permittee 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. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. 15. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions Section 7. Based on the record of decision of the Planning Commission and the evidence received at the public hearing, the City Council Commission makes the following factual findings with respect to the Variance request: 1. As part of an overall remodel and expansion to an existing retail entertainment center, the applicant desires to enclose open deck areas located within gaps between existing enclosed spaces at the upper level originally set aside for outdoor uses (dining, open corridors). The building height is not being increased above existing roof heights at these locations, however, the Variance is needed because the height limit was changed from 45 to 35 feet when the subject property was rezoned from C-3 to Specific Plan Area 8 in 1990. 2. The applicant also desires to enclose open deck areas located on the southern and western side of the building and to add floor area above the open area of the parking structure at the southwestern corner of the building. This enclosure and added floor will exceed the existing building height since the deck railing and wall of the parking structure represent the highest point of the building along this edge. 3. The Variance is being requested in conjunction with a substantial remodel and expansion to an existing retail and entertainment center, "The Hermosa Pavilion" to accommodate a health and fitness facility, office and retail space. s fP 1 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 • • Section 8. Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application for a Variance: 1. There are exceptional circumstances relating to the property due to the combination of site conditions and the open deck design on the upper floor of the building. The lot is exceptional in that it is severely sloping with an average slope differential of 21.15', as measured from the corner point elevations, which is more excessive than any other commercial lot in the vicinity and zone. The building is constructed to its near maximum height of 45', although it is stepped down 12 feet from the highest point of the roof at the rear of the property. The original building construction includes substantial portions of open deck on the upper level, which compromises the utility of the building, as it was originally designed for open patio seating. Consequently, the severely sloping site and the existing design of the building are unique and exceptional and should be considered relative to the reuse and development of the property. 2. The Variance is necessary for the enjoyment of a substantial property right possessed by other properties in the vicinity because the property owner is seeking to retrofit the building for reuse and a viable purpose. The retro -fit requires enclosing the upper level open deck. Strict application of the height limit would, in this instance, severely restrict full reuse of the existing building, since the upper deck could not be enclosed. This would deny the owner the opportunity for full use of the property and deny a substantial property right possessed by others in the vicinity and zone. 3. The Variance will not be materially detrimental to the public welfare of injurious to property or improvements in the vicinity because it permits enclosure of gaps between existing roof lines and will negligibly effect the visual appearance of the building and will not effect any views. Also the enclosure of these deck areas which could be used for outside dining under the current plan will actually be beneficial to nearby residential uses as it will attenuate potential noise impacts. 4. The Variance does not conflict with and is not detrimental to the General Plan as it does not result in material damage to surrounding properties and is also consistent with the goals, objectives, and policies of the General Plan. The General Plan encourages viable economic uses along the Commercial Corridor and encourages compatibility between commercial and residential uses. Section 9. Based on the foregoing, the City Council hereby sustains the Planning Commission decision to approve the Variance subject to the following Conditions of Approval: 1. The project shall be consistent with submitted plans. Any minor modifications to the plan shall be reviewed and may be approved by the Community Development Director. 2. The Variance is specifically limited to the situation and circumstances that result relative to the proposed expansion and remodeling of the existing structure and is not applicable to the development of new structures or any future expansion. Section 10. This grant shall not be effective for any purposes until the permittee and the. owners of the property involved have filed at the office of the Planning Division of the 6 1 2 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 Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Precise Development Plan, Parking Plan and Variance shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 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 and enforceable. Permittee shall defend, 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, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee 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. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The Planning Commission may review this Precise Development Plan, Parking Plan and Variance and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. Section 11. Pursuant to the Code of Civil Procedure Section 1094.6 any legal challenge to the decision of the City Council, must be made within 90 days after the final decision by the City Council. PASSED, APPROVED, and ADOPTED this day of , 2002, PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: 7 CITY ATTORNEY Jun P5 02 OS:2Op . 24 TOUR FITNESS/OEVELORME S4 510787 FITNESS° June 5;2002 "Via Facsimile: (310)937-6235 To: A City of Hermosa Beach Ken P.obertson From: Bill Oughton RE: Parking forUtl# Sport Clubs The parking demand at ourbme higher priced Ultra Sport Clubs historically'runs just below 5 per 1,000. This is the case at ours two larger clubs in both theIr Irvine and Glendale area. Sincerely, ! R$ Oughton Director of Real Estate cc: » Gary Wiggle R.! 575 Anton Boulevard, Suite 700 e Costa Mesa, CA 92626 © 14) 424-0424 Faxes 1 42558 06/05/02 13:56 TX/RX NO.4121 P.001 Z2 • FITNESS° May 28, 2002 To: City of Hermosa Beach From: Bill Oughton, Director of Real Estate, 24 Hour Fitne Re.: Proposed Hermosa Beach 24 Hour Fitness 24 Hour Fitness would be prepared to build an Ultra Sport facility in the City of Hermosa Beach, under the right economic deal with the developer/landlord. An Ultra Sport is typically larger than a Sport club at 60,000 to 80,000 square feet and typically has the following upgrades: Executive Locker Rooms Towel Service Squash Courts Racquetball Courts Juice Bar Tanning facilities Expanded Kids Club The finish packages in an Ultra Sport are significantly higher quality than a Sport club 575 Anton Boulevard, Suite 700 • Costa Mesa, CA 92626 • (800) 411-7410 • Fax (800) 866-9178 2 06/04/02 TUE 17: 32 E. 1 626 6641 LLG PASADENA lip ij a oz. E N G i N E E R 5 ENGINEERS & MANNERS • TRAFFJC, TRANSPORTATION, PARKING 234 F.ascomrade Blvd., St lite. 400 • Pasadena., California 91101 Phone: 526 796-2322 • Fix: 626 792-0941 June 4, %002 Mr. Gene Shook ITC Real Estate Group oup. 220 Technology Drive, Suite 110 Irvine, California 92618 Subject: narking Study Report - Hermosa Beach Pavilion ,Ji650 Pacific Coast Highway, Hermosa Beach, California Dear Gene: Philip M. linscoti, P.E. (1924-2000) Jack M. Greenspan, P.E. William k Law, P.E. (Ret.J Paul W Wilkinson. Pr_ John P. Keating, P. David $. Sher: r, P.E. John A. Bearman, P.E: Clare M. Look -Jaeger, Y.E. RECD PIED JUN 0 4 2002 COM. DEV. DEPT Linscott, Law & Greenspan, Engineers, is pleased to submit this parking study report in connection with the existing H euiaosa Beach Pavilion building and associated parking structure at 1650 Pacific Coast Highway, in the City of Hermosa Beach, California. It is our understanding that the project as detailed in this tetter report is being submitted to the City of Hermosa Beach staff for review. Based on your direction, this parking study report has been prepared to analyze the Hermosa Beach Pavilion project as described below. Stun mary We find that the on-site parking supply of 481 parking spaces is sufficient to meet the projected parking demand. this is based on a shared parking analysis which takes into account the hourly variation in parking demand of the planned health club, office and retail uses. The proposed proj .ct will utilize the 450 first access parking spaces and 31 tandem employee only spaces for a total parking supply of 481 spaces. As a contingency, if additional parking spaces are needed, 33 paralleparking spaces can be made available for use with attendant assistance. Based on the proposed project, the peak parking demand is expected to occur on weekdays with 435 occupied spaces at 5:00 PM_ The peak parking demand is expected to occur during the week primarily as a resu It of the 24 -Hour Fitness facility along with the office component of the project. �.. r..i.:.. -- - 714 641-'s SB'= San jDiegu - 619 799-309.0 = Las :'i'f•;:.is :02. 451 1920 = founded 196G : A:- ! G WJ; Company 03 06/04/02. 16:33 TX/RX N0.4109 P.002 06/04/02 TUE 17:32.; FAX 1 626 92 0941 LLG PASADENA .1 ! UfiSc-o -i-- L. AW , CRCENS IA T E N G I N E E R S Mr. Gene Shook ITC Real Estate Group June 4, 2002 Page Two it is anticipated that monthly parking passes will be available for the office personnel, the 24 -Hour Fitness staff and the retail employees. Thirty-one employees will be parked in the tandem parking spaces, with the tandem space and the associated first access parking space assigned to the same employer. With the use of tandem employee parking spaces, a parking surplus of 46 spaces is expected during the weekday peak parking demand. Furthermore, should actual demand 'exceed the projected shared parking demand, the 33 parallel parking spaces can be utili'ed with attendant assistance. This will further increase the total supply of available parking spaces to 514 spaces. Proposed Project The proposed project includes a total of 114,341 gross square feet of building floor area on three floors (i.e., the lower level, street level and upper level). The proposed project includes a 24 -Hour Fitness facility with a total of 68,000net square feet split among the three levels, retail use with a total of 15,050 net square feet on the street level only and office use with a total of 25,380 net square feet on the upper level only. The common area comprises a total of 5,911 net square feet. The proposed project I.11ocation is displayed in Table A, located at the rear of this letter report. A copy of the project site floor plan for all three levels, provided by Keisker & Wiggle Architects Inc., is included in Appendix A. The proposed project includes 481 parking spaces, consisting of 450 first access spaces and 31 tandem employee only parking spaces. There is also a contingency of 33 parallel parking spaces which can be made available with attendant assistance, thereby increasing the total parking supply ' to 514 parking spaces. Trip Generation Comparison A trip generation -.omparison was prepared that examined the trips generated by the previous use, the previously approved project (from July, 1999), and the proposed project. The trip generation comparison and a list of the trip generation rates are provided in Appendix B. As shown in the trip ,. -n *gill,- ( p _ Ta le 11 the pry osed proIeet is expected to generate fewer trips rrPnf'.r?tif):! c!?Z'_�ipal�l.so lv .i. -_--�'•-= ' t. _ r p than either the previous use or the previously approved project. 06/04/02 16:33 TX/RX NO.4109 P.003 :06104/p2 TUE 17:33 FAX 1 628 7 8941 LUG PASADENA GEE EN SPAN CNGINFFRS Mr. Gene Shook ITC Real Estate Group June 4, 2002 Page Three Code Parking Re quit ement The City of Hermosa Beach Code parking requirements for the proposed project are displayed in Table B. As shoe. n in Table ,13, direct application of the City Code produces a requirement of 842 parking spaces for the proposed project. However, itis recognized that the City Code parking factors represent the peak parking requirement for each individual use, and do not take into account the hourly variation in parking demand generated by different land uses. Further, fitness facility parking rates have typieey decreased in recent years as more facilities incorporate uses that allow fewer members per square foot (such as basketball courts and swimming pools). The proposed 24 -Hour Fitness will be a large facility with executive amenities, and is expected to have an even lower parking ratio than a typical facility. 24 -Hour Fitness Parking Demand The proposed 24-I tour Fitness is a 68,000 square foot facility with executive amenities. in addition to the areas which have large square footage and low user density (such as basketball courts and swimming pools), executive facilities provide larger locker rooms with more space per locker than a typical club, and a locker room seating area not found in a typical facility. Further, in office and retail use it is. generally recognized that the parking rate varies with size. As size increases the parking rate generally decreases. Prior studies of parking demand at two typical 24 -Hour Fitness facilities in Santa Monica with 39,600 square feet, and in Costa Mesa (Orange County) at South Coast Metro with 45,000 square feet, show parking demand rates (including a ten percent allowance for circulation) of 6.75 spaces per 1,000 square feet, and 6.43 spaces per 1;000 square feet, respectively. Since the proposed 24 - Hour Fitness will have executive amenities which increase the square footage, we have analyzed 49 days of usage data (daily Scan Reports) from November 13, 1999, to December 31, 1999, compiled by 24 -Hour Fitnesa at their 110.000 square foot Lakeshore Towers facility (Orange County). Daily records are :cept on an hourly basis of the number of persons entering all 24 -Hour Fitness facilities. Based of i the available usage data, the peak day was determined to be Tuesday, November 16, 1999. Analysis of the hourly Lakeshore Towers usage data, to produce hourly. occupancy figures, . reveals a- peak occupancy at 5:00 PM of 327 persons. The peak occupancy was based on the assumption that I CO percent of the occupants during the peak hour (213 persons) and 65 percent of the c•ccupants front the previous hour (Le., 114 of 176 persons from 4:00 PM) utilized the facility during the peak hour. Conservatively assuming one parked vehicle per person (with a ten percent allowance for circulation) results in a parking rate of 3.27 spaces per 1,000 square feet (327 x 1.0 = 327/110 = 2.97 ,_ 1.1'=1.97). 25; 06/04/02 16:33 TX/RX NO.4109 P.004 06/04/02 TLE 17:34 FAX 1 525 92 it 4i GNEE N SPAN" E N (. I IV F F R S LLG PASADENA i Mr. Gene Shook ITC Real Estate Group June 4,2002 Page Four A graph which shows the 24 -Hour Fitness Santa Monica, South Coast Metro and. Lakeshore Towers data expressed in parking spaces per 1,000 square feet is provided in Appendix C. For a 68,000 square foot facility, the graph indicates a parking rate of 4.19 spaces per 1,000 square feet. To be conservative, a parkingrate of 5.00 spaces per 1,000 square feet (approximately one-and-a-halftimes the Lakeshore Towers rate) will be used in the shared parking analysis. Shared Parking .Demand Analysis The shared parking demand analysis takes into account the hourly variation in parking demand of the planned 24 -Hour Fitness facility, the office use and the retail use_ The peak parking demand for the 24 -Hour Fitness and office uses occurs during the week, which is analyzed in Table C. This analysis is based on the methodology and hourly parking adjustment factors developed by the Urban Land Institute (GILT), on the 24 -Hour Fitness parking demand ratio developed from the data in Appendix C and on the hourly parking adjustment factors developed for the Costa Mesa facility. The key measures for the shared parking demand analysis are the hourlyparking adjustment factors, the hourly parking demand generated by each use, the hourly shared parking demand and the hourly parking surplus or deficiency (if any). For this analysis, the hourly parking surplus or deficiency is measured against the planned supply of 481 parking spaces (450 first access parking spaces and 31 tandem employee only parking spaces). As shown iti Table C, the weekday peak shared parking demand for the proposed project is in the evening. At 5:00 :'M, a need for 435 parking spaces is projected, leaving a 46 space surplus (based on a supply of 48i parking spaces). As indicated above, the 481 parking space supply is expected to satisfy the peak parking demand for the proposed. project. Discounted monthly parking passes for the tandem parking spaces can be provided to the office personnel_ 24 -Hour Fitness staff and retail employees_ This will insure utilization of the tandem parting spaces by employee -s, thereby increasing availability of th7P first access parking spaces for office visitors, 24 -Hour Fitness members and retail patrons. Bindings and Conclusions • Based on the shared parking analysis, we proiect a peak parking demand of 435 spaces for the proposed proiect during the week. With an on-site parking supply of 481 parking spaces; we conclude that sufficient parking is provided to meet the expected demand for the proposed project. 06/04/02 16:33 TX/RX N0.4109 P.005 �(o UU/04/02 TUE 17:35 FAX 1 626 65.441 LEG PASADENA ENGINEERS Mr. Gene Shook ITC Real Estate Group June 4, 2002 Page Five Thirty-one employees will be parked sthe tandem parking spaces, with the tandem space and the as:,ociated firfit access parking space assigned to the same employer. With the u ze of tandem employee parking spaces, a parking surplus of 46 spaces is expected during the weekday peak parking demand. As a Conti€gcr1Lj, 33 parallel parking spacesL:ibe rade available with attendant assistance, iQIvi, increasing the parking supply to 514 spaces. We welcome the opportunity to be of further service. Should there be any questions regarding this parking study report for the Hermosa Beach Pavilion project, please do not hesitate to call me at 626.796.2322, or contact me directly via e-mail at greenspan@ilgengirleers.cam. Very truly yours, Linscott, Law i c Greenspan, Engineers Jack M. Greenspan, P.E. Principal •JMG'MSH:ci c: Mr. Richard Garland, City of Hermosa Beach Traffic Engineering Department Mr. Ken c ober-tson., City 6f Hermosa Beach Community Development Department • 0:‘,.I01 -3_F IL E 3024,3024 RF T-88 WPD 06/04/02 16:33 TX/RX NO.4109 P.006 MO LINSCOTT LAW & GREENSPAN ENGINEERS Table A SQUARE FOOTAGE ALLOCATION [1] Hermosa Beach Pavilion LOCATION 24-HOUR FITNESS GENERAL RETAIL GENERAL OFFICE COMMON AREA TOTAL Lower Level 11,050 SF 0 SF 0 SF 1,172 SF 12,222 SF Street Level 15,851 SF 15,050 SF 0 SF 1,974 SF 32,875 SF Upper Level 41,099 SF 0 SF 25,380 SF 2,765 SF 69,244 SF TOTAL NET 68,000 SF 15,050 SF 25,380 SF 5,911 SF 114,341 SF [1] Source: Keisker & Wiggle Architects Inc. LINSCOTT LAW & GREENSPAN ENGINEERS. Table B CITY CODE PARKING REQUIREMENT [1] Hermosa Beach Pavilion PROPOSED USE SIZE CODE REQUIREMENT REQUIRED PARKING 24 -Hour Fitness 68,000 SF 1 space per 100 SF 680 spaces General Retail 15,050 SF 1 space per 250 SF 60 spaces General Office 25,380 SF 1 space per 250 SF 102 spaces TOTAL 108,430 SF 842 spaces [1] Parking code requirements per City of Hermosa Beach Municipal Code. Z? LINSCOTT LAW & GREENSPAN ENGINEERS Table C WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Hermosa Beach Pavilion LAND USE [3] 24-HOUR FITNESS [4] GENERAL RETAIL [4] GENERAL OFFICE SHARED PARKING- DEMAND [7] PARKING SURPLUS OR DEFICIENCY SIZE [2] PARKING RATE 68.00 KSF 5.00 /KSF [5] 15.05 KSF 4.00 /KSF [6] 25.38 KSF 4.00 /KSF [6] GROSS SPACES 340 SPACES 60 SPACES 102 SPACES TIME OF DAY % PEAK #OF SPACES % PEAK #OF SPACES % PEAK #OF SPACES 6:00 AM 31% 105 0% 0 3% 3 108 373 7:00 AM 31% 105 8% 5 20% 20 130 351 8:00 AM 26% 88 18% 11 63% 64 163 318 9:00 AM 32% 109 42% 25 93% 95 229 252 10:00 AM 32% 109 68% 41 100% 102 252 229 11:00 AM 40% 136 87% 52 100% 102 290 191 NOON 47% 160 97% 58 90% 92 310 171 1:00 PM 29% 99 100% 60 90% 92 251 - 230 2:00 PM 25% 85 97% 58 97% 99 242 239 3:00 PM 35% 119 95% 57 93% 95 271 210 4:00 PM 60% 204 87% 52 77% 79 335 146 5:00 PM 100% 340 79% 47 47% 48 435 46 6:00 PM 88% 299 82% 49 23% 23 371 110 7:00 PM 81% 275 89% 53 . 7% 7 335 146 8:00 PM 57% 194 87% 52 7% 7 253 228 9:00 PM 39% 133 61% 37 3% 3 173 308 10:00 PM 27% 92 32% 19 3% 3 114 367 11:00 PM 0% 0 13% 8 0% 0 8 473 MIDNIGHT 0% 0 0% 0 0% 0 0 481 PARKING NEED WITH SHARED USE 435 SPACES PARKING NEED WITHOUT SHARED USE 502 SPACES I(A•7(1 D RA NOTES: [1] Based on methodologies presented in "Shared Parking," ULI-The Urban Land Institute, 1983. [2] Based on information provided by Keisker & Wiggle Architects Inc. [3] Based on weekday hourly parking accumulation percentages from studies by LLG, including the 24 -Hour Fitness facility in Costa Mesa. [4] Based on weekday hourly parking accumulation percentages presented in "Shared Parking," ULI-The Urban Land Institute, 1983. [5] Based on parking studies of the 24 -Hour Fitness facility in Costa Mesa by LLG. [6] Based on the City of Hermosa Beach Off -Street Parking Municipal Code. [7] Based on a proposed parking supply of 481 spaces (i.e., including 450 standard spaces and 31 tandem parking spaces and excluding 33 parallel parking spaces). Linscott, Law & Greenspan, Engineers APPENDIX A Project Site Floor Plan 3� PROPOSED UPPER LEVEL PLAN :• • June 3. 2CC2 Pc. • c,onv• • .binoci,. laVAIIIns1 mgr. •••ciel irc tc. srlIrsCori lIct.Se .cscc.11 rserm•Kr.er,Scr. aScre4c1.. WC .1 Fs" rournIC a) a) Of HERMOSA BEACH PAVILION Pacific Coast Highway at 16th Street Hermosa Beach California .63c; A1141100 SHOOK DEVELOPMENT kalt.+1014.1.1.-IJOLa"-sAm-t-a. ,4404 tion Fighiffememmilkwunnwrommermaizemi. -- EmmENNONVINIE 9humosECINCioDiummumn6- MOMMillitMENIMINIMMUN milk% PROPOSED STREET LEVEL FLOOR PLAN 0323111111E E I V Ile y MO} 21 2072 Yeista 1Mg e Achtect: HERMOSA REACH PAVILION Pacific Coast Highway at 1 fith Street Hermosa Beach, California ===== Mmun••11,...41.rvis or rms.: SHOOK DEVELOPMENT rhi ai 5, Of /Rail 11111111111111 IIIllh -r— L. ------- ------ ------- PROPOSED LOWER LEVEL FLOOR PLAN vek&•• & \Aigge ••••• •—• ...140...V1 clro.•10n,s ‘,.cast • HERMOSA BEACH PAVILION' Pacific Coast Highway at 16th Street Hermosa Beach. California Of SHOOK DEVELOPMENT • CITY OF HERMOSA BEACH INTEROFFICE MEMORANDUM TO: KEN ROBERTSON, COMMUNITY DEVELOPMENT DEPARTMENT FROM: RICHARD GARLAND, TRAFFIC ENGINEER SUBJECT: HERMOSA BEACH PAVILION REVIEW OF PARKING STUDY AND GENERATED TRAFFIC VOLUMES DATE: JUNE 4, 2002 PARKING STUDY The parking study prepared by Linscott, Law & Greenspan dated June 3, 2002, indicates that the proposed development would have a peak parking demand of 435 vehicles and that this peak demand -could be accommodated by the 450 parking spaces proposed at the site. The peak demand is less than the City's unadjusted parking requirement of 842 spaces because the three land use components included in the project would have varying peaking characteristics and because it was assumed in the report that the fitness center would have a peak parking demand of 5 spaces per 1,000 square feet as opposed to the City's requirement of 10 spaces per 1,000 square feet. The report indicates that on a typical weekday the parking demand at the fitness center would peak at 5:00 p.m., while the retail uses would peak at 1:00 p.m. and the offices would peak at 10:00 a.m. A check of each hour throughout the day indicates that the overall combined peak demand of 435 vehicles would occur at 5:00 p.m. The overall parking demand on the weekend would be lower, primarily because the office uses would be relatively unused. The findings of the parking study appear to be valid, but they are dependent on the assumption that the peak parking demand forthe fitness center would be 5 spaces per 1,000 square feet. This rate was interpolated from data collected at three existing fitness centers. The applicable data for the existing centers are summarized below. Fitness Center Size (sq. ft.) Peak Parking Demand (spaces per 1,000 sf) Costa Mesa 45,000 6.43 Santa Monica 39,600 6.75 Lakeshore Towers Orange County 110,000 3.27 Average 64,900 5.48 Proposed Facility In Hermosa Beach 68,000 5.00 While the rate of 5 spaces per KSF used for calculating the peak parking demand for the proposed facility is lower than the average rate for the three sites, the applicant's traffic and parking consultant indicates that the type of facility proposed in Hermosa Beach is more similar in function to the Lakeshore Towers facility than the other two facilities, primarily because it would have lower density uses, larger locker rooms, and more space per locker as compared to the typical facility. While this assumption may be valid, there is insufficient information at this time to compare the floor plans of the facilities that were studied to the floor plan for the proposed facility. Furthermore, the data for the Lakeshore Towers facility is based on entry records at the door of the facility rather than actual counts of patrons entering and exiting the site, which could result in inaccuracies. In summary, I would concur with the results of the applicant's parking analysis if it could be confirmed that the data and assumptions are accurate; however, this cannot be completely verified at this time with the available information. PROJECT GENERATED TRAFFIC Linscott, Law & Greenspan prepared a table that compares the trip generation characteristics of the proposed land uses at the HB Pavilion with those of the previous use and the land use mix that was approved but not developed. Table 1 from the report indicates that the proposed project would generate approximately 3,645 vehicle trips per day. As a comparison, the previous uses on the site generated 5,733 daily trips and the mix of land uses previously approved (but not developed) would have generated 6,901 trips per day. 'The proposed project would, therefore, generate less traffic than either the existing land uses or the project that was previously approved. During the AM peak hour, the proposed project would generate 164 vehicle trips. This compares to a volume of 205 trips for the previous uses on the site and 194 trips for the land use mix that was previously approved. Similarly, during the PM peak hour, the proposed project would generate 338 vehicle trips, . which compares to 476 trips . for the previous uses and 629 trips for the approved use. The trip generation characteristics for all three time frames (AM peak hour, PM peak hour, and daily traffic volumes) all indicate that the proposed project would generate less traffic than the previous on-site land uses as well as the mix of uses previously approved for the site. As the proposed project would result in an overall reduction in site -generated traffic volumes, it is concluded that there would be no adverse traffic impacts associated with the project. A detailed traffic impact analysis would not, therefore, be required. 2 34, cc: Harold Williams, Public Works Director 37 Petition to Hermosa Beach City Council Whereas: We believe that the Hermosa city government is responsible for the appearance of the city, and that responsibility includes cleaning up the city's worst eye sore, the Hermosa B - ach Pavilion o P . c' c oast Highway. RECEIVED JUN 0 5 2nn2 COM. DEV. DEPT We hereby petition the City Council and Building Department to proactively work with the building owners to put that building back in operation as soon as possible. In the meantime we petition the City Council take effective measures to keep the building clean and prevent the building from becoming a health hazard. Name \V.C.DAA.A-• lam. Eaccd(ed' act-acirie4 h 6t&1DtSL-1C -\--7av-‘-v /‘ Caro t"A SW04009 A WkILAttv-6-- Address 1767 P C Jf . °7 /48, U101 P -C - # 307 rt. g. t o -7 Pc.M 1-70-7 Pw14- #Z 13 {- , ib -t X06 /f B VIA " fl It 14f1,5 I / 7e 7 Pc//.#305/ Mi 11014 4-6 li-0PC t gl 14 6 1 Ji? l Pc, `t31' tiff) 170-2 POI /7-2- 943sY-, Pc,(4 - /16 9c /.707 P? 4 i o -C ci/ rui TCN ` Zn c t i 'C 5) .1(4 38. e 211-Acicif Petition to Hermosa Beach City Council • e S JUN 0 5 2t1f2 Whereas: We believe that the Hermosaf city government is responsible for the COM. DEV. DEPT appearance of the city, and that responsibility includes cleaning up the city's worst eye sore, the Hermosa Beach Pavilion on Pacific Coast Highway. We hereby petition the City Council and Building Department to proactively work with the building owners to put that building back in operation as soon as possible. In the meantime we petition the City Council take effective measures to keep the building clean and prevent the building from becoming a health hazard. Name C (? NivE y� ��. 0), Thobo ?\r\��; til 4,4 Puttivt-yv& p Address S -" b6 M'I e l ,L) 4I -22D 0-1 pcf-i$yf(1 ()CI( (1(.1-f. em -4- t-) C -k ha/ f c4 4-41Y io > PP4+ l76 OC4 Of PC -#f 39 Honorable Mayor and Members of the Hermosa Beach City Council aL4,7 (4,10' g//A) June 4, 2002 Regular Meeting of June 11, 2002 SUBJECT: AMENDMENT TO PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN (PDP) NO 01-10 TO ALLOW A HORIZONTAL DIRECTIONAL DRILLING APPROACH FOR THE INSTALLATION OF A PORTION OF THE SUBMARINE FIBER OPTIC CABLE SYSTEM LOCATED AT THE BEACH AND ON CITY OWNED PROPERTY. APPLICANT: TYCOM NETWORKS (US) INC. 60 COLUMBIA MORRISTOWN, NJ 07960 REQUESTS: AMENDMENT TO PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN NO. 01-10 AND ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT Planning Commission Recommendations: Adopt the attached Resolution: • Approving an Addendum to the Certified Environmental Impact Report, and • Approving the Amendment to Planned Development Permit/Precise Development Plan No. 01-10, with conditions. On May 21, 2002, the Planning Commission held a public hearing to consider the Addendum to the EIR and the amendment to the PDP. Following input from staff, the applicant and one member of the public, the Planning Commission voted unanimously to recommend approval to use the HDD method. The Commission did discuss the implications of extending the permitted workday hours to help reduce the overall time required for the construction at Second Street. By extending the work hours as indicated below, the applicant demonstrated that they could reduce their overall time from seven weeks to five to six weeks. The only concern expressed by the public at the hearing was that the construction be done with consideration to the neighborhood. The Commission agreed that reducing the overall construction time frame was preferred over the shorter daytime hours, but longer overall schedule. The Commission voted to modify the conditions of approval to allow the applicant to work 7 a.m. to 8 p.m., rather than from 8 a.m. to sunset as previously permitted under the original PDP approval. However, the Commission still limited work to only Monday through Friday, with no work permitted on the weekends, subject to the following restrictions: 7:00 a.m.: Workers may enter the staging area and begin set-up, but no heavy equipment or machinery may operate until after 8 a.m. 8:00 a.m.: Heavy equipment, engines, etc. may begin operation. Sb 7:00 p.m.: All heavy equipment, engines, etc. must cease operations. 8:00 p.m.: The staging area must be shut down and all workers must have exited the construction site. The Commission also added conditions that required posting of signs around the staging area with a list of phone numbers for the responsible agencies and individuals involved with the project, including the Project Superintendent, the City's Project Manger, The Public Works Department, the Police and Fire Departments and the County Lifeguards, which the public could contact in the event of questions or problems. In addition, the Commission included requirements that the City staff monitor the project and respond to public inquires, be permitted to modify the hours as necessary based on legitimate complaints, and to have the Police Department available, should there be nuisance issues after hours. The conditions in the attached City Council resolution reflect the changes recommended by the Planning Commission. Background: Tyco Networks (US) Inc./Tyco Telecommunications (the applicant) submitted a complete application to amend the approved Planned Development Permit/Precise Development Plan (PDP No. 01-10) to the City of Hermosa Beach on May 13, 2002. The PDP approved by the City Council in December 2001, was based on utilizing a trenched landing approach (also called a direct burial landing) to install the fiber optic cable under the beach and in the nearshore area. The amendment to the PDP is to allow the applicant the option of utilizing a horizontal directional drilling (HDD) approach to install a portion of the submarine fiber optic cables in marine waters under the City's jurisdiction, under the beach and along a portion of the approved Second Street alignment. All other components of the approved project, including the approved lease agreement will remain unchanged. This staff report focuses on the changes to the PDP resulting from the proposed amendment. A copy of the previous City Council report is attached which details the overall project. As originally permitted, the project involved installation of a two 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 applicant'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 landing at a single beach manhole 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, even as amended. The Planning Commission had reviewed the original PDP proposal for the three segments (terrestrial, beach and marine segments) of the submarine fiber optic cable project in November of 2001. In December of 2001, the City Council granted final approval for the project when they certified the Environmental Impact Report, approved a Mitigation Monitoring Program (MMIP), approved PDP No. 01-10 and approved the lease agreement between Tyco and the City. The City Attorney has advised that federal statues define systems such as the applicant' s Page 2 proposed fiber optic cable system a public utility. Public utilities are permitted on the beach and in the greenbelt, subject to approval of a Planned Development Permit/Precise Development Plan and a lease agreement for use of the city owned property. Through the approved lease, the City would receive compensation from Tyco for the use of City owned property. The City will use 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 If the applicant receives approval from the City Council on June 11, 2002, the project will then require approval of a Coastal Development Permit by the California Coastal Commission (CCC) and permits from other applicable state and federal agencies. Construction will commence upon acquisition of all required permits and approvals. According to the applicant, their most recent goal is to be operational before the end of 2002. Based on staff's desire to minimize the potential short term impacts to the residents and beachgoers; the direct landing alternative, which was fully analyzed in the certified EIR and approved by the City Council in December 2001, was the preferred method of installation. Under the direct burial option, a trench would have been excavated across the beach and intertidal zone, and jets would be used to bury the system from the mean low tide line to the 15 -meter water depth. A direct landing means no conduits would be installed beyond the mean low tide line. The armored marine fiber optic cable would be winched directly from the cable ship onto the beach (into a trench dug on the beach just before the winching began) and spliced into the beach manhole as one operation. This alternative would have significantly reduced the size of the staging areas on the beach and the amount of time the staging area would be utilized. However, the City recognized that the California Coastal Commission might dictate changes to the City's approval, so one of the conditions of approval required the applicant to submit any changes for reconsideration by the City in the event the project changed. Analysis Project Description The current proposal involves a horizontal directional drilling (HDD) option. Because of concerns expressed by the California Coastal Commission (CCC) staff's review of the applicant's recent Coastal Development Permit application for the direct burial approach, the applicant is now proposing an amendment to their PDP, which reflects this horizontal drilling construction method. The applicant's amendment is in response the CCC's concerns about potential exposure of the cable using the direct burial approach and the impacts of the staging area on the beach itself. It is also more consistent with the City Council's review of the original project conditions of approval, which were modified to include a new requirement for cable reburial depth to ensure that the proposed cable is never exposed on the beach during severe storm surges. The applicant is requesting to amend the approved PDP to allow a HDD approach, as an option to the direct burial landing at Second Street and immediately offshore. The request by the applicant is very similar to the technique recently utilized in the City of Manhattan Beach to install a telecommunications cable under a portion of their beach near the Lifeguard Headquarters. The proposed change will affect terrestrial segment of the project between Hermosa Avenue and the shoreline, and the marine construction between the shoreline and the 43 -foot water -depth contour. Page 3 HDD Staging Area HDD operations will require approximately 3,000 square feet for staging the HDD rig and guidance controls, fluid -mixing system and pumps, pipe rack or trailer, and miscellaneous other minimal support equipment on Second Street between Beach Drive and Hermosa Avenue. The staging area is shown in Appendix B and photos of the staging area and surrounding area are included in Appendix D of the Addendum. Additional storage and support workspace of 12,000 to 15,000 square feet will also be required. The area proposed as the main storage area along North Francesca Avenue and Herondo Street will be used as the support staging area for the bore site at Second Street. Because the Second Street site is limited in space, materials and supplies will need to be delivered daily from the main staging area to the drill site at Second Street. Before the drill rig and associated equipment can be mobilized on site, the drilling site and surrounding area will need to be prepared. "No Parking" signs will be placed in and around the. project site, and the site will be cleared of miscellaneous debris, and a temporary sound barrier will be constructed. The sound barrier will be constructed from 3/4" plywood and 2"x 4" studs, and will be 8 feet tall or higher, as required to mitigate noise impacts to the surrounding area. (Please see Page 8, Noise discussion). Sound blankets will line the plywood. The barrier will completely encircle the site and will have gates for access and deliveries. Sandbags or straw bales will be placed~in appropriate areas to contain spillage of drilling fluid or site runoff from exiting the site. The,staging area and areas for containment will occur totally within the public right-of- way on Second Street. No private property will be utilized for staging or drilling. Pictures of a similar sound wall and containment areas proposed for this project are included in the Addendum. Horizontal Directional Drilling (HDD) Approach The HDD approach is a process of boring (drilling) that allows the two bores to be steered. HDD bores are guided by a drill head fitted with a steering tool that uses magnetometers and inertial devices to track the direction of advance (horizontal and vertical) and the absolute location. The HDD drill rig drills into the ground at an angle through an excavated entry pit. In general, the limit of the bore angle is approximately 15 degrees, which will allow the two cables to be buried approximately 16 to 25 feet as they go under the Strand wall, approximately 65 feet in depth below the mean high-water mark (shoreline of the beach) and then over 100 feet in depth beyond the shoreline. The two bores for this project will each be approximately 3,300 feet in length. The end result is that the HDD approach will eliminate any possibility of the cables becoming exposed on the beach and in nearshore waters due to a significant storm event or beach erosion and will avoid the need to stage on the beach itself. Even with the HDD approach, there will be the need to install the ground beds. The ground beds will be installed in the same manner as approved for the direct burial approach, including the requirement of maintaining at least 100 feet from the nearest residence. With HDD, the two fiber optic cable conduits are installed from shore, in sequence. The conduit is advanced in 30 -foot (9.3 -meter) sections through the borehole as it is created. Surveys are conducted in 30 -foot (9.3 -meter) increments to verify the drill position and path. A bentonite (natural clay -like substance)/water mixture is used to lubricate the bore, cool the drill, and keep the hole open by sealing the outside surface of the bore. The two boreholes will be approximately Page 4 5 inches in diameter each to allow the passage of the two, but separate, fiber optic cables. Once the bore conduits reach the desired depth, it is leveled out as the drilling continues to push the pipe horizontally through the ground. After reaching the appropriate distance offshore (approximately 2,640 feet [800 meters]), the drill head is guided to the surface and the bore is complete. The boreholes at Second Street will eventually become part of the manhole that has been relocated from the previously approved location near the Strand to serve the cable alignment inland along Second Street to the applicant's Switching Station in Redondo Beach. The bore alignment is shown on the figure in Appendix A of the Addendum. Additional details on the HDD method of installation are also included in the Addendum. Once the site has been prepared, the drill rig and associated equipment, supplies and materials will be mobilized to the site by road transport. The drill rig will be set up and configured on the site. All drilling -fluid pumping systems will be installed and tested and then the bore entry pit will be excavated. After all of the equipment has been set up and tested, drilling can commence. The preliminary geo-technical reports indicate that the soils will accommodate the HDD approach without impacts to surrounding private properties. No boring will occur under private property. The alignment for the drilling will be conducted entirely within the public right-of-way and City owned property. In fact, the proposed alignment has been directed away from the public bathrooms on the beach at Second Street to avoid any conflicts with the facility or with existing infrastructure in the area. As drilling progresses, drilling mud will be pumped through the drill pipe to the mud motor. Blending dry bentonite with fresh water in the mud -mixing tank will control the viscosity range and other properties of the drilling mud. Bentonite is very fine-grained, non-toxic, natural marine sediment that swells in water. The slurry mixture is usually about 15 to 20% bentonite; the remainder is water. Water for the drilling fluid will be obtained from a local water source near the staging area. Spent drilling fluids and cuttings will be collected and contained within the HDD staging area prior to disposal at a permitted landfill. According to the applicant, a truckload of cuttings from the HDD site will be hauled away a few times per week during HDD operations. The applicant will be available to provide additional details on the drilling operations at the hearing. Once drilling operations have been completed, the drilling site will be demobilized. All equipment associated with this operation will be removed from the site. The temporary sound barrier and site containment materials will also be removed. A water truck and vacuum truck will be used to wash any remaining drilling fluid and mud from the site. Silt will not be washed into storm drains. Finally, all disturbed pavement will be restored. The remaining terrestrial segments of the project would then be completed as previously approved by the City. The remaining segments will include the construction of the manhole at the drill site where The applicant will continue the alignment up the Second Street right-of-way and install the two cables in separate trenches along with two other vacant selves for future cable expansion or replacement opportunities. The approved lease agreement allows the applicant the use of no more than four cables. The construction period the HDD approach is outlined on the following table: Page 5 5- • • Proposed Construction for the HDD Component of the Project (based on the extended hours of 7a.m. to 8 p.m., Monday through Friday, as recommended by the Planning Commission) Activity Approximate Duration Site Preparation, Mobilization, Equipment Placing & Testing 1 week Drilling of First Pipe 1.5week Drilling of Second Pipe 1.5 week Site Cleanup and Demobilization 1 week Contingency 1 week Total 5 to 6 weeks The applicant has submitted a Precise Development Permit Amendment application and the City Council may impose additional standards to improve the quality of development and to mitigate any environmental impacts. Some of the general criteria applicable to the amendment to the PDP application include the short-term impacts during construction and its relationship to the following: • Distance from residential and commercial development. • Noise, air quality or vibration that may be generated. • Adequacy of mitigation measures. Parking, setbacks, and other normal development standards are not applicable to this project, since the improvements will be located underground or on the ocean floor. Regardless of the method of installation approved, the conditions of approval include the requirement that all work within the City is subject to review and approval by the Public Work's Department. The City will inspect and monitor all the work as it proceeds and ensure that all work is designed and constructed in accordance with all applicable local, state and federal regulations. With the incorporation of the recommended conditions of approval for this alternative, the project will comply with the applicable criteria set forth in the Planned Development Permit/Precise Development Plan section of the City's Zoning Code. General Plan Consistency The project, as amended, complies with the City's General Plan Conservation, Open Space, Land Use, Circulation/Transportation/Parking, Noise and Public Utilities Elements' goals and policies, as well as the City's Local Coastal Program and the California Coastal Act. Pursuant to Section 65402 of the Government Code, Restriction on the Acquisition and Disposal of Real Property (attached), 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. The approved terms of the lease would be for a period of twenty-five years and cover the installation, maintenance, operation and retirement of the system. Since the fiber optic cables would be buried on the beach and in the street or greenbelt, and either buried or laid on the sea floor, the presence of these fiber optic cables would not be in conflict General Plan and Zoning goals of preserving open space or protecting the beach and ocean as a Page 6 recreational resource. The approved lease agreement for the applicant's use of the City owned property is in conformance with the goals of the General Plan. The use of City owned land by the applicant is not affected by the change in the method of installation. A finding in the attached resolution affirms that the amended PDP is consistent with the City's General Plan. Addendum to the EIR The City is the lead agency relating to environmental determinations under CEQA, since Hermosa Beach has the greatest responsibility for supervising and approving the project as a whole. The City concluded that the appropriate method to ensure the adequate environmental analysis of the amendment was through the preparation of an Addendum to the certified Environmental Impact Report (EIR). While the certified EIR addressed boring in general terms under the discussion of alternatives, the Addendum is based on a specific project description developed by the applicant for a HDD approach from Second Street. In addition, since the change to the project involves the selection of an alternative construction method over a relatively limited portion of the project, and the applicant will be required to incorporate all necessary practices and controls to avoid any new significant impacts or substantial increases in previously identified significant impacts, an Addendum to the existing certified EIR is permitted under CEQA. The Addendum to the Environmental Impact Report reviewed the potential environmental impacts relative to short-term and long-term implementation of the project as amended. The Addendum concluded that the environmental impacts would be short-term, limited to the duration of construction activities. The Addendum also reviewed the environmental impacts associated with directional drilling that were not specifically addressed in the previously certified EIR. The existing setting from the certified EIR is used as the existing setting for the Addendum, since the existing environment is unchanged. Below is a list of the primary potential impacts of directional drilling discussed in the Addendum: • Construction Noise • Traffic and Parking • Air Quality/Water Quality • Aesthetics The significance criteria used for the Addendum are the same as those used in the certified EIR. The certified EIR analyzed in detail the impacts of terrestrial and marine construction associated with the project. Many of the mitigation measures adopted as part of the previously approved project would also apply to the project using the HDD approach. Appendix C of the Addendum includes a copy of the City -approved mitigation monitoring plan (MMP) and notes which measures would apply to the project with directional drilling. The applicant has also proposed Best Management Practices (BMPs) that would avoid or reduce any new significant impacts or substantial increases to previously identified significant impacts as outlined below Noise The proposed project is considered a public 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 a portion of the terrestrial segment using the HDD approach. The nearest residences and businesses are less than 50 feet from the drill rig Page 7 and staging area. Residents adjacent to the bore site, public users of the Second Street beach access, and the adjacent businesses on Second Street at Hermosa Avenue would be affected by the short term construction noise for approximately five weeks, of which approximately 14 days are expected to involve actual drilling operations. As analyzed in the Addendum, uncontrolled drilling noise levels, based on equipment use without implementation of the proposed Best Management Practices (BMPs), are estimated to be approximately 88 dBA at 50 feet. The applicant has proposed BMPs to reduce the noise generated during the short term construction, including constructing a sound barrier around the staging area, enclosure of drill and pump engines and use of a muffler on the rig and pump exhaust. The sound barrier proposed by the applicant around the staging area would be constructed from 3/4" plywood and 2"x4" studs, and will be 8 feet tall or higher, as required to mitigate noise impacts to the surrounding area. Sound blankets will line the plywood barrier that will completely encircle the site. According to the applicant, based on their experience with HDD drilling in similar situations, it is expected that the proposed mitigation measures would result in approximately 10 to 15 dBA of noise reduction. The applicant has proposed to avoid the peak summer season. The applicant is required to notify residents prior to start of construction. In addition, The applicant has hired a noise consultant to assist with the preparation of their engineering specifications for the project and with the actual design, implementation and operational aspects of the noise mitigation measures. Although the drilling operations will result in elevated noise levels in and around the staging area during construction, noise levels will only be elevated during the daytime hours and will be temporary. This impact is therefore considered less than significant. Please see EIR Addendum for specific discussion of noise related impacts. Circulation, Traffic and Parking Under the proposed change, Second Street from Hermosa Avenue to Beach Street would be closed to local traffic for approximately five weeks. Access to all residences would be maintained, although detours will be required around the staging area on Second Street. Six public parking spaces would be occupied during this time for drilling operations. These impacts are construction related and short term. The applicant is preparing a traffic plan to safely divert traffic around the bore -site staging area and arranging for alternative parking for the affected public parking spaces. The traffic and parking control plan includes ensuring emergency access is maintained, residents and businesses are provided advance notification of construction or parking that may be temporarily displaced, all bike and pedestrian ways will be maintained during construction, any detours are safe and convenient, off-site staging areas of equipment, and hours of work in the rights of way to be approved by the City. The proposed drilling would occur outside of the peak summer season. No new or different marine transportation impacts would occur with implementation of the proposed change. Implementation of the HDD approach as proposed, combined with appropriate mitigation measures in the MMP, would not create any new significant transportation impacts nor substantially increase any previously identified transportation impacts. Air and Water Quality On a daily basis, the project using the HDD approach would result in a slightly lower amount of Page 8 • NOx emissions over the daily thresholds than the project using the direct burial landing approach. With implementation of the BMPs, in particular BMP A-3 (offset credits), the air quality impact of the project using the HDD approach would be basically the same as that of the project using the direct burial landing, and thus would not result in any new significant impacts to air quality or any substantial increase in previously identified air quality impacts. Implementation of the proposed change would also result in temporary increases in turbidity and potential disturbance of a small quantity of existing contaminated sediment during bore breakthrough and initial cable jetting. These increases in turbidity and sediment disturbance are less than those associated with the direct landing analyzed in the EIR. Implementation of the HDD approach as proposed, combined with appropriate mitigation measures from the MMP, would not create any new significant water quality impacts nor substantially increase any previously identified water quality impacts. Aesthetics Implementation of the proposed HDD approach would result in temporary aesthetic impacts on beach users at the Second Street beach access, and on Second Street residents and businesses. The impact on beach users themselves would be less under the proposed HDD approach than under the direct burial landing approach (due to avoidance of trenching of cable on the beach), but the impact on residents around the drill site would be greater. These impacts are associated with the use and storage of heavy construction equipment and machinery in and around the project site during the estimated five weeks required for drilling activities. Only beach users located on the upper part of the beach or on the Strand in an area directly aligned with Second Street would likely observe and hear the construction activity. Beach users in other parts of the beach or Strand would not notice construction, with the exception of the ground bed installation, which is anticipated to take approximately one to two days. Beach users using Second Street to access the beach would notice construction directly, while passing on the sidewalk. The applicant has proposed to provide a sound wall for attenuation of noise impacts. This sound wall would also prevent direct observation of drilling, which would further reduce the aesthetic impacts. In the lease, there are provisions for liquidated damages to the City should the project extend beyond the approved construction schedule. The HDD approach is not expected to result in any new significant aesthetic impacts nor substantially increase any previously significant aesthetic impacts. No new or different marine aesthetic impacts would occur with implementation of the proposed change. City Review of the Addendum Outside consultants were utilized to provide a third party peer review on behalf of the City of the environmental information provided by the applicant. According to their review for water quality, The applicant is utilizing "state of practice protocol" for this type of drilling. The City's consultant concluded that the methods and monitoring techniques proposed by The applicant will provide reasonable assurances that any potential impacts from the drilling operation will be less than significant. In regards to noise, the City's consultant recommended to further reduce the nuisance impacts of drilling noise that additional conditions of approval be considered. The following Page 9 recommendations have been included as conditions of approval in the attached resolution: • The noise attenuation barrier walls be used to completely surround the drill site with minimum wall height of no less than 8 feet. The final noise attenuation wall height shall be determined by acoustical study prepared in conjunction with the wall design for the project. • That the barrier wall material should consist of fiberglass -filled acoustical curtains or panels with a Sound Transmission Class (STC) rating of at least 27 (STC -27) and they be designed to preclude structural failure due to such factors as winds, shear, shallow soil failure, earthquakes, and erosion as approved by the City's Public Works Director. • A diesel engine acoustical enclosure of metal framed, fiberglass -filled panels be required for the drill rig, and any compressor and pumps, with all other internal combustion equipment using noise shrouds no less effective than those originally installed on the equipment. The final design of the enclosure shall be determined by acoustical study prepared for the project. • High performance mufflers are used on all diesel engines in regular use on the drill site and the use of air impact wrenches or similar equipment used on drill pipe flange bolts conform to all noise abatement requirements. • With the exception of drilling operations, no heavy equipment is operated outside of those -approved hours specified in the Resolution. • No equipment setup, tear down, or initial drilling start-up operations may occur outside of those approved hours specified in the Resolution. • No trucks involved in materials removal or delivery shall access the site outside of those approved hours specified in the Resolution. The City's third party peer review of the Addendum found that environmental impacts remain primarily short term and there are no new significant long-term impacts associated with the applicant's amended proposal. All potential significant short-term impacts have been avoided or reduced to a less than significant level. Project modifications to reduce or avoid significant environmental impacts are included, as mitigation measures and Best Management Practices in the Addendum to the EIR. These recommended mitigation measures are incorporated into a Mitigation Monitoring Program. A condition of approval is included to ensure the City recovers all costs associated with the implementation of the Mitigation Monitoring Program. The implementation of the mitigation monitoring program will be an integral part of the success of the project. The mitigation measures will also be included as recommended conditions of approval to the Planned Development Permit/Precise Development Plan application. In addition, The applicant has informed the other state and federal regulatory agencies, including the CCC, Water Quality Board, and Army Corps of Engineers of the proposed amendment to allow HDD. Lease Agreement The project as amended will continue to provide the City with the revenues agreed upon in the approved lease of city owned property. The City will receive funds from Tyco for a one time license fee, plus annual payments over the life of the agreement (25 years). The lease terms are unchanged. The lease will also cover Tyco's obligation to fund the costs of improvements to the beach, pier, bathrooms and construction of a new bathroom, plus inspection costs, ongoing maintenance and retirement and/or removal of the system at the end of the lease. Page 10 The City Council public hearing was duly advertised in the newspaper, posted at the staging site and a mailing notifying all residents within 1000 feet of the staging area on Second Street of the public hearing date for City Council was mailed out on May 30, 2002. The applicant did contact residents in the area. A summary of the meeting is attached. To date, no formal written opposition has been received and any correspondence received prior to the Council hearing will be presented to the City Council at the hearing. Conclusion: In summary, there was no neighborhood opposition to the amended PDP. The implementation of the HDD approach as proposed, combined with appropriate mitigation measures, Best Management Practices and conditions of approval, would not create any new significant environmental impacts nor substantially increase any previously identified environmental impacts. The HDD method will eliminate any possibility of the cables becoming exposed on the beach and in nearshore waters due to a significant storm event or beach erosion and will avoid the need to stage on the beach itself, which better addresses the City Council's initial concerns of possible exposure with the direct burial method of installation. Compensation received through the lease agreement will provide the City with long term funding for improvements of the beach, related beach facilities and adjacent streets and walkways.. Therefore, Staff recommends that the City Council concur with the Planning Commission and approve the project, subject to conditions in the attached Resolution. If approved, the final Resolution will be re -codified to include both the original Conditions of Approval and those modified or added for the amendea--PDP. Bob Goldin Project Planner CONCUR: Sol Blumenfe Community , Director evelopment Department Ste n urre 1, City Manager Attachments 1. Resolution approving the Addendum and the Amended PDP with Conditions of Approval 2. PDP application with alignment and staging area exhibits 3. Addendum to the ETR including the Mitigation Monitoring Program, Best Management Practices, support studies graphics, exhibits and pictures 4. December 2001 City Council report 5. Neighborhood meeting notes \\IERMOSA\VOL1\B95\CD\TyCom\CC 6-11-02 report doe Page 11 // RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT AND THE AMENDMENT TO PRECISE DEVELOPMENT PLAN/PLANNED DEVELOPMENT PERMIT NO. 01-10, ALL IN CONJUNCTION WITH THE PROPOSED DEVELOPMENT OF A SUBMARINE FIBER OPTIC CABLE SYSTEM The City Council of the City of Hermosa Beach does hereby Find, Order, and Resolve as follows: SECTION 1. On May 13, 2002, Tyco Networks (US) Inc. (the "Applicant") filed a complete application for an amendment to the approved Precise Development Plan/Planned Development Permit, PDP No. 10-01, to modify the method of installation for portion of the Applicant's proposed submarine fiber optic cable system to be located on city owned property (the "Project"). SECTION 2. The amendment to the approved submarine fiber optic cable project involves the option of using a Horizontal Direction Drilling (HDD) approach for a portion of the installation of the two submarine fiber optic cables at a landing site on Second Street, within the existing city public rights-of-way, under the City beach, in the marine waters within the City's jurisdiction, and beyond the City's jurisdictional boundaries, as permitted through the approved PDP No. 01-10 and the approved easement agreement between the City and the Applicant to use city owned property. SECTION 3. Pursuant to the State California Environmental Quality Act (CEQA) Guidelines and based upon the information contained in the Initial Study, a decision was made to prepare an Environmental Impact Report (`BIR") for the original project, PDP No. 10-01. A Notice of Preparation of a Draft Environmental Impact Report ("DEIR") was prepared for PDP No. 10-01 and sent to the State Clearinghouse in the Office of Planning and Research for the State of California (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 for PDP No. 10-01. Page 1 /.Z SECTION 4. The Final EIR (FEIR) for PDP No. 10-01 was comprised of the DEIR, the Mitigation Monitoring Program (MMP), 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. SECTION 5. The Final EIR for PDP No. 10-01 was reviewed by the Planning Commission in November of 2001 and was certified by the City Council of the City of Hermosa Beach, acting as the final decision-making body for the lead agency, on December 18, 2001. SECTION 6. Pursuant to California Environmental Quality Act Guidelines Section 15164, a decision was made to prepare an Addendum to the EIR for the amendment to the approved PDP No. 10-01 to allow for the HDD option. On the basis of the information in the Addendum and supplemental review, there is no substantial evidence that the work associated with the amendment to PDP No. 10-01 may or will have a significant impact on the environment. None of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent EIR or negative declaration have occurred for this amendment to the project as currently proposed. There are no substantial changes in the project or new information that would result in identification of new significant environmental effects or a substantial increase in the severity of significant effects beyond those previously identified. The City Council has reviewed and considered the information contained in the Addendum to the EIR and considered the comments received during the public review process. SECTION 7. The City Council finds, pursuant to CEQA Guidelines, the City has independently analyzed the Addendum to the EIR and that the Addendum to the EIR represents the independent judgment of the City as lead agency with respect to the Project. Page 2 /3 SECTION S. The findings made in this Resolution are based upon the information and evidence set forth in the Addendum to the EIR and upon other substantial evidence which has been presented in the record of this proceeding. The documents, staff report, plans, specifications, and other materials that constitute the record of proceedings on which this Resolution is based and the Addendum to the EIR for the amendment to PDP No. 10-01 are on file and available for public examination during normal business hours in the Office of the Community Development Director 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 9. The City Council finds that any comments regarding the Addendum to the EIR and all responses to those comments have been received by the City, that the City Council has received public testimony regarding the adequacy of the Addendum to the EIR, and that the City Council, as the final decision-making body for the lead agency, has reviewed and considered all such documents, including the Final EIR and Addendum and testimony prior to acting on the Project. SECTION 10. Based upon the Initial Study, the Addendum to the EIR, 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 areas of Agricultural Resources, Biological Resources, Cultural Resources, Geology/Soils, Hazards and Hazardous Materials, Hydrology/Water Quality, Mineral Resources, Land Use/Planning, Population/Housing, Public Services, Recreation and Utilities/Service Systems. Explanations for why the foregoing impacts were found to be insignificant are contained in the Certified EIR and the Addendum to the EIR. SECTION 11. Based upon the analysis presented in the Addendum to the EIR, and upon public and agency comments and the record before the City Council, the City Council finds that the Project will not cause or increase significant environmental impacts in the following areas beyond those originally identified as "potentially significant" in the Page 3 • S Initial Study in Appendix A of the DEIR for the original PDP No. 10-01 relating to Aesthetics, Air Quality, Noise, and Transportation/Traffic, as summarized below and further detailed in the Addendum to the EIR: a. Aesthetics: The proposed project including the option of the utilizing the HDD method of installation for a portion of the cable, will not have a negative aesthetic effect on views from the Strand, the beach and surrounding public areas. Implementation of the proposed change would result in temporary aesthetic impacts on beach users at the Second Street beach access, and on certain Second Street residents and businesses. The impact on beach users themselves would be less under the proposed change to use the HDD approach rather than under the direct burial landing approach (due to avoidance of trenching of cable on the beach), but the impact on residents around the drill site would be greater. Installation of a required sound wall would prevent direct observation of drilling, which would further reduce the aesthetic impacts. The HDD approach is not expected to result in any new significant aesthetic impacts or substantially increase any previously significant aesthetic impacts. No new or different aesthetic impacts would occur with implementation of the proposed change. 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 temporary and are reduced to level of insignificance. Further explanation for these determinations may be found in the Addendum to 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. With implementation of the proposed Best Management Practices (BMP's), in particular BMP A-3 (offset credits), the air quality impact of the project with HDD approach would be the same as that of the project with direct burial landing approach, and thus would not result in any new significant impacts to air quality or any substantial Page 4 /C- increase in previously identified air quality impacts. The Applicant will be required to comply with all of the requirements previously imposed upon the project; therefore, the project is consistent with policies regarding protection of the rules and requirements of the local air district as required by Section 30253(3) of the California Coastal Act. A Statement of Overriding Considerations was required as part of the approval of the original PDP because the daily air quality thresholds would be exceeded, even with mitigation. This issue is further discussed in the certified EIR and the Addendum to the EIR. c. Noise: There will be noise generated during the short-term construction of the. terrestrial and marine activities. Although the HDD drilling operations will result in elevated noise levels in and around the staging area at Second Street, noise levels will only be elevated during the daytime hours and will be temporary. This impact is therefore considered less than significant. Mitigation measures and conditions of approval have been imposed in the certified EIR and recommended in the Addendum to further reduce the short-term noise impacts during installation of the cable system. Restricting the hours of construction to 7 a.m. to 8 p.m., Monday through Friday, for construction should reduce the impacts to adjacent residential uses. In addition, conditions are recommended in the EIR and Addendum to implement operational constraints such as providing sound walls and enclosures for attenuation of noise impacts and use of state of the art mufflers. This sound wall would also prevent direct observation of drilling, which would further reduce the noise impacts. Notification prior to start of construction by the Applicant to residents will also be required. Given the adopted mitigation measures from the Final EIR, Best Management Practices and Conditions of Approval agreed to by the Applicant, impacts from noise will be less than significant. This issue is further discussed in the Addendum to the EIR.. d. Transportation: Transportation impacts will be considered significant if the project: • Causes an increase in traffic that is substantial in relation to the existing a Page 5 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 or creates hazards to marine traffic. Under the proposed change, Second Street from Hermosa Avenue to Beach Street would be closed to local traffic for approximately six weeks. Six public parking spaces would be occupied during this time for drilling operations. These impacts are construction related and short term. The applicant is preparing a traffic plan to safely divert traffic around the bore -site staging area, and arranging for alternative parking for the affected public parking spaces. Pedestrian access will be maintained during construction. Additionally, Mitigation Measures T-1 through T-7, as described in the certified EIR, would be implemented as part of the proposed change to further reduce significant transportation impacts associated with construction activities. Furthermore, proposed drilling would occur outside of the peak summer season. No new or different marine transportation impacts would occur with implementation of the proposed change. Implementation of the HDD approach as proposed, combined with appropriate mitigation measures from the previously adopted MMP, would not create any new significant transportation impacts nor substantially increase any previously identified transportation impacts. This issue is further discussed in the Addendum to the EIR. SECTION 12. Based upon the certified EIR, the Addendum to the EIR, public comments and the record before the City Council, the City Council finds that the Project would not result in identification of new significant environmental effects or a substantial increase in the severity of significant effects beyond those previously identified in the areas of Air Quality, Aesthetics, Noise and Transportation/Traffic. Furthermore, no new information of substantial importance has become available which would show any criteria set forth in CEQA Guidelines 15162(a) (3). Page 6 SECTION 13. In response to each category identified in the Addendum to the EIR, and listed in Section 12 of this Resolution, no changes or alterations to the Mitigation Measures are required to avoid or substantially lessen the significant environmental impacts beyond those previously identified. SECTION 14. 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 The Planning Commission has determined that the City find that the project, as amended, and the approved easement agreement for the Applicant's use of the City owned property, are in conformance with the goals of the General Plan that call for: • The protection of public recreation areas, in that compensation, via the lease agreement, will be provided to the City to offset the temporary loss of the use of the beach and will used to enhance access to and improvements for the beach. Using the HDD approach 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 below the beach and marine waters using the HDD approach, and buried 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 underground and also considered a public facility, public utility/structure, are underground and a public corridor under the FCC and not a commercial development. Page 7 • Preserving and enhancing the environment and the natural resources, including the ocean and City beaches, in that the fiber optic cables will be buried below the beach and marine waters using the HDD approach, and buried in the street or greenbelt, 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 7 a.m. to 8 p.m., Monday through Friday for construction and imposed conditions to implement operational constraints such as construction of a sound barrier around the staging area, enclosing the diesel engines and using state of the art mufflers on the equipment. • Minimizing the intrusion of traffic and parking into the residential areas, in that traffic and parking control plan is required from the Applicant to be reviewed and approved by the City prior to construction. The traffic and parking control plan includes ensuring emergency access is maintained, that residents and businesses are to be provided advance notification of construction or parking that may be temporarily displaced, requirements for off-site staging areas of equipment, and hours of work in the rights of way to be approved by the City. • Maintaining bike paths and pedestrian ways, in that all bike and pedestrian ways will be maintained during construction and any temporary detours required are safe and convenient. SECTION 15. The Planning Commission held a duly noticed public hearing on May 21, 2002 recommending that the City Council approve the Addendum to the EIR and the amendment .to PDP 10-01 to allow a Horizontal Direction Drilling (HDD) alternative for a portion of the submarine fiber optic cable system, subject to conditions. SECTION 16. The City Council held a duly noticed public hearing on June 11, 2002 to approve the Addendum to the EIR and approves the amendment to PDP 10-01 to allow a Horizontal Direction Drilling (HDD) alternative for a portion of the submarine fiber optic cable system. Having heard and considered all oral and written testimony, Page 8 /9 including staff reports, the Final EIR and Addendum 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 approved terms of the easement are for a period of twenty-five years and coverthe installation, maintenance, operation and retirement of the fiber optic cable project. The City would receive compensation for the use of city property. 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, the beach, storm drains 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 easement will also cover the Applicant's obligation to fund City inspection costs during construction. E. The proposed project, as amended and the approved easement for the Applicant's use of the City owned property, are in conformance with the goals of the General Plan. 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 and design. As proposed and mitigated, the project would be consistent with the City's Draft LCP. G. The HDD method will eliminate any possibility of the cables becoming exposed on the beach and in nearshore waters due to a significant storm event or beach erosion and will avoid the need to stage on the beach itself, which better addresses the City Council's initial concerns of possible exposure with the direct burial method of installation. Page 9 H. The City Council has independently reviewed the Addendum to the Environmental Impact Report and the 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, which Resolution is incorporated herein by this reference and attached hereto as Exhibit "A." SECTION 17. On December 18, 2001, the City Council adopted Resolution No.01-6181 entitled "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 finds that the findings set forth in that Resolution apply to . the EIR as amended by the Addendum and apply to the project, as amended by the addition of the HDD method of installation. Resolution No No.01-6181 and each of the findings set forth in that Resolution are hereby incorporated by reference as set forth fully herein. SECTION 18. Based Upon the Foregoing Findings, the City Council hereby: 1) Approves the Addendum to the Environmental Impact Report and the Mitigation Monitoring Program and Best Management Practices for the Amendment to PDP No. 10-01. 2) Approves the Amendment to Precise Development Plan/Planned Development Permit No. 01-10, submitted on May 13, 2002, subject to the following conditions and the mitigation measures summarized below, and which are further detailed in the certified EIR and approved PDP, the Addendum to the Environmental Impact Report for the Amendment to PDP No. 10-01 and the Mitigation Monitoring Program and Best Management Practices attached hereto and incorporated within as Exhibit No. 1, to allow the use of the horizontal direction drilling method for the beach segment at a single landing site at Second Street. Page 10 2/ Conditions of Approval for Amended PDP No. 01-10: All applicable Conditions of Approval imposed as part of City Council Resolutions Numbers 01-6181 and 01-6182 shall remain in full force and effect with the following revisions to the approved conditions and Mitigation Monitoring Program as outlined in bold below: Amended Condition A.1. 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 on December 18, 2001, utilizing direct burial method as more fully detailed in the Certified EIR, or the option of horizontal directional drilling (HDD) as shown and more fully described in the amended PDP application and Addendum to the EIR for installation of the fiber optic cable system as approved by the City Council on June 11, 2002. The hours of operation for HDD portion of the project are as follows: 7:00 a.m.: Workers may enter the staging area and begin set-up, but no equipment may operate until after 8 a.m. Heavy equipment, engines, etc. may begin operation. All heavy equipment, engines, etc. must cease operations. The staging area must be shut down and all workers must have exited the construction site. 8:00 a.m.: 7:00 p.m.: 8:00 p.m.: The Director of Public Works may further restrict the approved workday hours for the HDD operation, in the event the noise generated from the HDD operation creates a legitimate material adverse impact on the surrounding properties as a result of noise that is in excess of the noise anticipated by the City approved noise study, Mitigation Measures, Conditions of Approval, Best Management Practices and/or additional noise reduction measures as proposed by the applicant and approved by the City for the project. The requirement that the grounding beds on the beach be located a minimum of 100 feet from the nearest Page 11 property line. The Second Street alignment shall be as shown in the Certified EIR and/or the Addendum to the EIR, depending on the method of cable installation to be used. The Greenbelt between Second Street and Herondo Street shall be part of this alignment and shall be used temporarily for the operation of construction equipment to bore across Herondo Street. The beach manhole shall be relocated on project plans so as not to interfere with existing residential parking west of Beach Drive. The final plans shall be subject to review by the Directors of Public Works and Community Development. Amended Condition B5. Ninety days before taking the marine cables out of service or expiration of the submerged land lease or permits with Hermosa Beach, the Applicant will apply for amendments to all applicable marine permits to retire, abandon, or remove the cable. The cable system and all associated improvements shall be removed from the beach manhole out past the end of the pier and to a water depth level of seven meters below mean lower low water level for those portions of the system installed using the direct burial approach. For those portions of the project installed utilizing the HDD method, applicable marine permits to retire, abandon, or remove the cable shall be obtained and implemented, asdetermined feasible by the City and Coastal Commission. Amended Condition B9. In the event the Applicant uses the direct burial method of installation for any portion of the cable system, the Applicant shall submit a plan to the City of Hermosa Beach Community Development Director and Public Works Directors for the City and the CCC's approval showing how the Applicant 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, the Applicant shall initiate actions to rebury the cable in a manner and time frame approved by the Director of Public Works. The Applicant shall be responsible for achieving an initial burial depth of at least three meters on the beach, 2 meters in the surf zone and 1 meter beyond the surf zone. The Applicant shall be responsible for achieving a reburial depth of 1.6 meters Page 12 23 on the beach and 1.6 meters in the surf zone and one meter beyond the surf zone. The reburial requirement will be triggered when the cable becomes exposed or is within .5 meters of the surface on the beach or in the surf zone. In addition, the Applicant shall maintain adequate slack in the cable pay out of the manhole during the initial installation, in the event the cable later becomes exposed on the beach, along the shoreline or out a distance comparable to the end of the pier and reburial of the cable is required. The City, at its discretion, shall have the ability to require the Applicant to again bury the cable at its initial burial depth at the lowest sand migration period of the year to ensure future exposure of the cable is minimized. Prior to such reburial, a reburial plan shall be submitted to the City for review and approval and the Applicant shall obtain all required applicable permits. Amended Condition El. In the event the Applicant uses the direct burial method of installation for any portion of the cable system, if the intertidal beach work occurs in March through August, a biologist will monitor the beach within 30 meters (98 feet) 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 -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 the 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. Amended Condition H2. In the event the Applicant uses the direct burial method of installation for any portion of the cable system, the Applicant has agreed to' conduct standard archaeological monitoring for all soil -disturbing activities north of Fifth Street in Hermosa Beach, in a manner approved by the Director of Community Development. Standard archaeological monitoring procedures will require that a qualified archaeologist oversee all subsurface intrusions. The archaeologist will Page 13 record and inspect any prehistoric or historic archaeological materials that may be encountered. In areas where the archaeological monitor determines deposits to be disturbed, or culturally sterile, this process will be abandoned. Standard archaeological recording procedures will be followed, and in the event of unanticipated discoveries, a salvage plan will be 'developed according to the findings and consultation with a qualified third -part archaeologist, Native American monitors, and the City of Hermosa Beach. If human remains are discovered, the Applicant will follow the procedures described in CR -1. Amended Condition M8. In the event the Applicant uses the direct burial method of installation for any portion of the cable system, the applicant shall ensure that there will be no time lapse between the establishment of temporary lifeguard towers and the displacement of the original lifeguard towers at Second Street. Amended Condition N2. and 114: The Applicant shall coordinate in the preparation of a Construction Operation Plan and Program to address either the use of direct burial as approved by the City Council on December 18, 2001, or as approved by the City Council on June 11, 2002 for the use of HDD. Said plan shall be reviewed and approved prior to the issuance of construction permits by the Director of Public Works. The Construction Operation Plan and Program shall incorporate the following: • Specifications for fencing of the site and construction staging areas evaluated to ensure maximum screening of views to site and aesthetic concerns. • Limitations on construction activities by date and hour. • A scaled plan that depicts pedestrian circulation routes and demonstrates the maintenance of safe and open access to the beach, The Strand, and the greenbelt during project construction. • Posting of signage at the staging and construction areas identifying limitations on construction activities by date and hour and phone numbers Page 14 • the public may contact in the event of concerns and/or complaints for the following: * Applicant's on-site Project Superintendent (24 hour accessible phone number) * City's Project Manager * Department of Public Works * City Fire Department * City Police Department * County Lifeguards 2. New Condition: The noise attenuation barrier walls shall be used to completely surround the drill site with minimum wall height of no less than 8 feet and as high as' necessary to adequately attenuate the sound as required by the City. The length, height, and location of the noise attenuation barrier walls shall be adequate to ensure proper acoustical performance and shall be approved by the Director of Public Works. The final noise attenuation wall height shall be determined by acoustical study prepared by the applicant in conjunction with the wall design for the project and reviewed and approved by the Director of Public Works prior to commencement of operations. 3. New Condition: That the barrier wall material should consist of fiberglass -filled acoustical curtains or panels with a Sound Transmission Class (STC) rating of at least 27 (STC -27) and they be designed to preclude structural failure due to such factors as winds, shear, shallow soil failure, earthquakes, and erosion as approved by the City's Public Works Director prior to commencement of operations. 4. New Condition: A diesel engine acoustical enclosure consisting of a metal framed, fiberglass -filled panels or other acceptable design be required for the drill rig, and any compressor and pumps, with all other internal combustion equipment using noise shrouds no less effective than those originally installed on Page 15 the equipment. Design noise reduction shall be no less than 18 dBA measured at equipment height from locations to be selected outside of the noise attenuation barrier walls. All other internal combustion equipment shall use noise shrouds no less effective than those originally installed on the equipment. The final design of the enclosure shall be determined by acoustical study prepared by the applicant for the project and reviewed and approved by the Director of Public Works prior to commencement of operations. 5. New Condition: High performance mufflers are used on all diesel engines in regular use on the drill site and the use of air impact wrenches or similar equipment used on drill pipe flange bolts conform to all noise abatement requirements. Truck engines are excluded, but shall not have unmuffled exhaust. 6. New Condition: With the exception of drilling operations, no heavy equipment is operated outside of those approved hours and operations specified by the City Council approval on June 11, 2002. 7. New Condition: No equipment setup, tear down, or initial drilling start-up operations may occur outside of those approved hours and operations specified by the City Council approval on June 11, 2002. 8. New Condition: No trucks involved in materials removal or delivery shall access the site outside of those approved hours and operations specified by the City Council approval on June 11, 2002. 9. New Condition: All internal combustion equipment shall be properly tuned -up to minimize noise emissions. 10. New Condition: The applicant shall be responsible for reimbursing the City all City -related costs associated with the implementation, monitoring, reporting and Page 16 follow-up required in the Mitigation Monitoring Program as provided for in a-- ` Memorandum of Understanding between the City and the applicant. 11. An acceptance of conditions form shall be executed by the Applicant and submitted to the Community Development Department prior to issuance of construction permits. 12. This grant shall not be effective for any purposes until the Applicant has filed at the office of the Planning Division of the Community Development Department their affidavits stating that theyare aware of, and agree to accept, all of the conditions of this grant. 13. The amendment to the PDP and this Resolution shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 14. 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. �' 15. The Applicant 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 the Applicant of any claim, action, or proceeding and the City shall cooperate fully in the defens . .e„/(z) 16. The Applicant 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.( ) 1//(- ( Page 17 Zg 17. The Project shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property., Failure of the Applicant to cease any development or activity not in full compliance shall be a violation of these conditions. 18. 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 19. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 11th day of June 2002. President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney F:\B95\CD\TyCom\CC Reso for Amended PDP 6-11-02.doc Page 18 (729 EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's Al Plan, Development and Use Requirements 1 Condition of Approval: 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 on December 18, 2001, utilizing direct burial method as more fully detailed in the Certified EIR, or the option of horizontal directional drilling (HDD) as shown and more fully described in the amended PDP application and Addendum to the EIR for installation of the fiber optic cable system . "' xq 3`�".#"Y^x-.' 4"..'i < ^:. .FSK '+x'T Ssa' 4^"a 9 @E"� X' k5' as approved by the City Council on June 11, 2002 i'he.applicalnt shall ire responsible or,�reimb pp eC ity a l Cii related costs as os cia et d,rviIh the implementation,smon�toring reporting and follow up required *16'the Mitigation Monitory ig Program ani further deta led in&the Memorandumi'of Understanding betweet the'City>and .the applicant s.zn,....N..a„»:xa xiµ,.,..a_.. The hours of operation for HDD portion of the project are as follows: 7:00 a.m.: Workers may enter the staging area and begin set-up, but no equipment may operate until after 8 a.m. 8:00 a.m.: Heavy equipment, engines, etc. may begin operation. 7:00 p.m.: All heavy equipment, engines, etc. must cease operations. 8:00 p.m.: The staging area must be shut down and all workers must have exited the construction site. The Director of Public Works may further restrict the approved workday hours for the HDD operation, in the event the noise generated from the HDD operation creates a legitimate material adverse impact on the surrounding properties as a result of noise that is in excess of the City approved noise study, Mitigation Measures, Conditions of Approval, Best Management Practices and/or additional noise reduction measures as proposed by the applicant and approved by the City for the project. The requirement that the grounding beds on the beach be located a minimum of 100 feet from the nearest residential property line. The Second Street alignment shall be as shown in the Certified EIR and/or the Addendum to the EIR, depending on the method of cable installation to be used. The Greenbelt between Second Street and Herondo Street shall be part of this alignment and shall be used temporarily for the operation of construction equipment to bore across Herondo Street. The beach manhole shall be relocated on project plans so as not to interfere with existing residential parking west of Beach Drive. The final plans shall be subject to review by the Directors of Public Works and Community Development. A2 Condition of Approval: 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. A3 Condition of Approval: 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. EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's A4 Condition of Approval: Prior to issuance of construction permits, the lease shall be fully executed and in effect for use of city owned property in connection with the Project. A5 Condition of Approval: 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. I A6 Condition of Approval: 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. A7 Condition of Approval: Pursuant to Section 17.50 of the Zoning Code, the Precise Development Plan/Planned Development Permit shall be null and void within eighteen months from the date of execution of the lease agreement unless construction permits have been obtained. BI Marine Use, Land Use, And Recreation 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. B2 Mitigation Measure #MU/LU/R-2: Similar to the Notice to Mariners, TyCom will provide notice to the Department of Conservation, the U.S. Navy, CCC, and the Cities of Hermosa Beach and Redondo Beach two weeks before commencement of marine cable installation. The notice will be kept current (every two weeks) and will include the location of the work site; the size and type of equipment that will perform the work; associated guard ships; name and radio call signs for working vessels, if applicable; and telephone numbers of onsite contact representatives and the schedule for completing the project. B3 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-water line to the 1,800 -meter (5,904 -foot) water depth, to the Department of Conservation, the U.S. Navy, CCC, and the Cities of Hermosa Beach and Redondo Beach. The fiber optic cable location will be recorded using a differential Global Positioning System (GPS), with the transponder mounted on the equipment (cable plow or remotely operated vehicle [ROV]) used for burial. 1 B4 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 in locations where the seawater depth is equal to or Less than the 1,200 -meter (3,936 feet) seawater depth mark to verify that the alignments have remained buried consistent with the as -built plans detailed in Mitigation Measure #MU/LU/R-3. The survey will be conducted within the jurisdiction of permitting agencies for this project. If the survey shows that the alignments are no longer consistent with the as -built cable plans detailed in Mitigation Measure #MU/LU/R-3, TyCom shall, within 30 days of survey completion, submit to the C.D. Director for approval a plan to remedy the discrepancies with the as -built plans. B5 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. For those portions of the project installed utilizing the HDD method, applicable marine permits to retire, abandon, or remove the cable shall be obtained and implemented, as determined feasible by the City and Coastal Commission. EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's B6 Mitigation Measure #MU/LU/R-6: TyCom will protect public safety by preventing public access to the marine construction zone using barriers, buoys, or other controls. TyCom will also coordinate with County Lifeguards and the City's Public Works Director to ensure that TyCom implements all necessary public safety measures. B7 Mitigation Measure #MU/LU/R-7: TyCom will compensate for the displacement of public use of the beach by providing monetary compensation to fund beach -related improvements that is being negotiated with the City of Hermosa Beach as part of a lease agreement. The compensation will be greater if beach or other public access is displaced during peak beach season between Memorial Day and Labor Day. The money will be placed into a City fund that will be earmarked for enhancement of public recreation facilities within the Coastal Zone. The money may be used for projects such as public restrooms, improvements to pedestrian access, and improvements to beach entrances and pier facilities. B8 Mitigation Measure #MU/LU/R-8: Construction of the project will be scheduled to avoid construction during peak summer use of the beach and in areas where access to the beach would be affected, such as the manhole area and nearshore [within 300 yards (274 meters) of the beach] marine recreation area, except as otherwise authorized by the CCC. B9 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. TyCom shall be responsible for achieving an initial burial depth of at least three meters on the beach, 2 meters in the surf zone and 1 meter beyond the surf zone. TyCom shall be responsible for achieving a reburial depth of 1.6 meters on the beach and 1.6 meters in the surf zone and one meter beyond the surf zone. The reburial requirement will be triggered when the cable becomes exposed or is within .5 meters of the surface on the beach or in the surf zone. In addition, TyCom shall maintain adequate slack in the cable pay out of die manhole during the initial installation, in the event the cable later becomes exposed on the beach, along the shoreline or out a distance comparable to the end of the pier and reburial of the cable is required. The City, at its discretion, shall have the ability to require TyCom to again bury the cable at its initial burial depth at the lowest sand migration period of the year to ensure future exposure of the cable is minimized. Prior to such reburial, a reburial plan shall be submitted to the City for review and approval and TyCom shall obtain all required applicable permits. B10 Mitigation Measure #MU/LU/R-10: To assist the City with future development, TyCom will submit detailed engineering (plan, profile, and cross-section) as -laid plans of the nearshore and beach areas (30 -meter seawater depth mark to the western edge of The Strand) along the cable alignments, including depth of burial to CCC, County of Los Angeles Lifeguards, and the City of Hermosa Beach. The cable location shall be'recorded to national map standard accuracy. The as -built plans will depict the shoreline and existing municipal facilities accurately. EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category 0 Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's B11 Mitigation Measure #MU/LU/R-11: TyCom will fence the staging area and cover it with screening acceptable to the Community Development Director to prevent public access and reduce the visibility of construction activities. B12 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 before the commencement of construction to alert these municipalities that a portion of the beach will be closed, to advise of the length of time it will be closed, and to provide a telephone number for answers to questions regarding the project. This notice will be updated weekly during construction. BI3 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. The relocation of these facilities will be coordinated with the City of Hermosa Beach and the County of Los Angeles Lifeguards. After construction is complete, the facilities should be placed back in their pre -project locations or the new locations based on direction from the City of Hermosa Beach and County of Los Angeles Lifeguards. In addition, the swing sets will be replaced by TyCom as they will not survive the move. B14 Mitigation Measure #MU/LU/R-14: One month before commencement of construction, TyCom will coordinate with Caltrans, County of Los Angeles Lifeguards, and the City of 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, to indicate the length of time it will be closed, and provide a telephone number for answers to questions regarding the project. Notice also will be given to local residents through and announcement in The Beach Reporter and on the City of Hermosa Beach's Web site. The notice will be updated weekly during project construction. Two weeks prior to beach staging area development, TyCom will notify volleyball players of the project by posting notices to be approved by the Community Development Director. B15 Mitigation Measure #MU/LU/R-15: TyCom will ensure that access to The Strand is not disrupted for more than 4 hours at any location. Detours to maintain access will be marked and designed to protect public safety. TyCom will not require detours on weekends. B16 Mitigation Measure #MU/LU/R-16: Before initiating construction, TyCom will coordinate with the City of Hermosa Beach and provide 4 signage along the length of all affected roads to advise bicyclists of the temporary construction and the estimated period of construction along these routes. The signage also will alert bicyclists and vehicular traffic of the need to exercise caution. B17 Mitigation Measure #MU/LU/R-1 7: 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 maintained to the maximum extent feasible to allow bicyclists to continue to use the road or provide detours or alternate routes. B18 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 and will comply with all municipal and state traffic control guidelines. Pedestrians and bicyclists will be guided before and separately from the motor vehicles. B19 Mitigation Measure #MU/LU/R-19: Upon completion of construction, the project applicant will replace 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). EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource TopicMitigation From DEIR/FEIR/Conditions of Approval, BMP's B20 Mitigation Measure #MU/LU/R-20: TyCom will maintain access to neighborhood businesses including parking lots at all times during project construction. In addition, businesses and residents will be notified by TyCom in writing of any construction directly in front of their properties. C1 Geology/Soils/Mineral Resources Mitigation Measure #G-1: All components will be appropriate seismic design standards, including but not limited to the City-approved 1 standards as prescribed in the construction permit. . C2 Mitigation Measure #G-2: No action is required along the route. If any alterations are made to the route aligning within 50 feet (15 meters) 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. See B9 Mitigation Measure #G-3: TyCom will develop a Burial Mitigation and Monitoring Plan that will describe in detail how TyCom will ensure that the cable and the associated components stay buried in the shoreline area. It also will specify a 24-hour TyCom contact for the City as well as a response plan in case the cable becomes unburied. The Plan shall be submitted to the City of Hermosa Beach Community Development Director. Approval by the Director will be required before issuance of the City's construction permit. (Note: See explication for G-3 in Attachment A.) C3 Mitigation Measure #G-4: Trench backfilling will begin immediately after the cable is placed in the trench. Backfill material (sand) 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. ?? Mitigation Measure #G-5: Accidental collision with an oil or gas well is highly unlikely. However, if the route collides with an offshore well (out to 3 statute miles), the immediate area will be evacuated and 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. D1 Water Resources 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 and will include the following information at a minimum: purpose of the plan, hazards assessment, spill prevention and containment, emergency response procedures, closing of the spill incident, and a spill notification contact list. This document will contain preventive measures and procedures to be followed in the event of a spill, either onshore or offshore. D2 Mitigation Measure #W-2: The primary work vessel will carry onboard a minimum of 122 meters (400 feet) of sorbent boom, five bales of sorbent pads at least 45 centimeters by 45 centimeters (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. D3 Mitigation Measure W-3: Ballast water will not result in the discharge of ballast in waters less than the 22.2 km offshore (12 nm) limit of the territorial seas. If any ballast water is discharged beyond the territorial seas, then the location of the vessel and volume discharged will EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 0140, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's . be documented and will be in compliance with applicable MARPOL and USCG regulations. Copies of ships' logbooks will be available to the USCG or other agencies. D4 Mitigation Measure W-4: Vessels will not discharge untreated sewage into marine waters. Vessels must be equipped to collect, contain or treat waste products. Vessels will not discharge bilge waters to the marine waters less than 22.2 kilometers off -shore (12 nm). Treatment and handling of sewage, bilge water, and deck drainage will be in accordance with applicable MARPOL and USCG regulations. D5 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. D6 Mitigation Measure #W-6: The proponent will develop and implement a SWPPP that identifies BMPs to be used during all construction activities. The SWPPP will include the following information: purpose, facility design, construction method, erosion and sediment control measures, erosion and sedimentation control measure practices and implementation, maintenance and repair, and work schedule. El Marine Biological Resources Mitigation Measure #MB -1: In the event the Applicant uses the direct burial method of installation for any portion of the cable system, if the intertidal beach work occurs in March through August, a biologist will monitor the beach within 30 meters (98 feet) 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 -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 the CDFG's predicted grunion spawning run schedule (see www.dfg.ca.gov/mrdf). A qualified biologist will determine the day on which the construction can begin again after a spawning event. E2 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 mortality of 4 slow-growing organisms that take longer than one year to recover within the jurisdictional limits of relevant permit authorities. These species may be found on high- or low -relief habitat within jurisdictional waters. It is estimated that the areas of impact will be limited to. the width of the cable (5 centimeters [0.16 feet]) and the potential width of cable movement (15 centimeters [0.5 feet]) due to strong currents, for a total of 20 centimeters. CCC has imposed compensation fees on past projects in order to fund artificial reef construction. As cited in Consistency Certification No. CC -110-00 for the Global West Network, Inc., off the coast of California, thecompensatory hard - bottom mitigation fee may be approximately $27.31 per meter of high -relief, hard -bottom substrate crossed by the project. As noted above, the maximum length of high -relief area crossed by both cables is 23.05 kilometers (14.32 miles). However, the total area of high -relief, hard -bottom substrate that supports soft corals or aggregate anemones likely will be significantly less than 23.05 kilometers (14.32 miles), based on the maximum depth range of such species and the physical characteristics of the hard -bottom substrate (i.e., scattered boulders instead of continuous rock reefs). A final determination of the amount of high -relief, hard -bottom substrate for fee purposes will be EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's determined based on a review of the post -installation ROV video surveys conducted in accordance with Mitigation Measure #MB -12 (also referenced as Mitigation Measure #F-3 and #MU/LU/R-8). E3 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 1 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 CCC in consultation with NMFS. This protocol will be followed unless otherwise determined by the CCC in consultation with NMFS. The monitors will be aboard the ships during installation and repair activities that occur within the continental shelf boundary, thereby suitably encompassing the general area of whale activity in the project area. At least two monitors will always be on duty to comply with the monitoring requirements. Except possibly in emergency situations, the on -duty monitors will observe from the bridge of the vessel, where a 360° view of surrounding waters in ensured. In the event of an emergency situation, it may be useful to have one observer leave the bridge to obtain a better view of the unfolding situation. The strategic position of the monitors on the bridge will provide immediate lines of communication with the acting Vessel Master if a marine mammal is located. If an individual marine mammal approaches the work area, the monitors will have the authority to cease operations (stop the boat) until the animal leaves the area. If a collision occurs, Mr. Jose Cordaro, NMFS marine mammal stranding coordinator, will be contacted immediately. Mr. Dan Chia of CCC will also be contacted. Agency contact requirements are discussed further in Mitigation Measure #MB -10. E4 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. E5 Mitigation Measure #MB -5: Support vessels will not cross in front of migrating whales. E6 Mitigation Measure #MB -6: When paralleling whales, support vessels will operate at a constant speed that is not faster than the whales. E7 Mitigation Measure #MB -7: Female whales will not be separated from their calves. 'E8 Mitigation Measure #MB -8: Support vessels will not be used to herd or drive whales. E9 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. El0 Mitigation Measure #MB -10: Collisions with marine mammals or sea turtles will be reported promptly to the federal and state agencies listed below, pursuant to each agency's reporting procedures. Collisions With marine mammals also will be reported to NMFS, CDFG, CCC, and the Marine Mammal Rescue Center (see Attachment B for contact information). EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's Ell Mitigation Measure #MB -11: As discussed in the project description (see Section 2), TyCom will bury the marine fiber optic cable to reduce the probability that fishing gear will become snagged. TyCom will bury the entire marine cable 1 meter below the seafloor for areas where the water depth is less than 1,200 meters (3,936 feet), except where bottom features prevent burial. Where the seaplow cannot be used to install the cable, TyCom will direct -lay the cable and then bury it using an ROV. Ell Mitigation Measure #MB -12: TyCom will inspect the route immediately following installation, every 18 months thereafter (unless otherwise authorized by the relevant permit authorities), and after events that affect the cables for the life of the project to ensure that the fiber optic cables remain buried. The inspections will be conducted using an ROV with video and still cameras under the direction of a third party. E13 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) within the jurisdictional limits of relevant permit authorities. E14 Mitigation Measure #MB -14: TyCom will attempt to retrieve lost fishing gear within the jurisdictional limits of relevant permit authorities. E15 Mitigation Measure #MB -1S: 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. If a collision occurs, Mr. Cordaro will be contacted immediately (see also Mitigation Measure #MB -10). Fl Fisheries Mitigation Measure #F-1: TyCom will advise commercial and recreational fishers of a definite work schedule two weeks in advance of installation. F2 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 (3,936 feet), except where the bottom features prevent burial. Where the seaplow cannot be used to install the cable, TyCom will direct -lay the cable. TyCom then will attempt to bury the cable using an ROV where seabed conditions appear to be favorable for 4 ROV burial. F3 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 within jurisdictional limits of relevant permitting agencies. The inspections will be limited to water depths less than 1,200 meters (3,936 feet) and will be conducted using an ROV with video and still cameras under the direction of a third party. See B9 Mitigation Measure #F-4: 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), within the jurisdictional limits of relevant permitting agencies. F4 • Mitigation Measure #F-5: Commercial fishers will be compensated for the fishing gear (including anchors) that is damaged or lost during installation or that becomes snagged on the marine cables, within the jurisdictional limits of relevant permitting agencies. ut Approval . Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's If a fisher suspects that he or she has snagged a cable, he or she will be able to consult the nautical charts or other information such as electronic charts supplied by TyCom, and identify whether he or she is located near a submarine cable owned by TyCom. If based on nautical charts and navigational equipment, such as Long -Range Aid to Navigation (Loran) or a Global Position System (GPS; standard features on commercial fishing vessels), a fisher concludes that a snag is due to TyCom's cable, TyCom requests the fisher to cut his/her gear to free himself or herself from the snag and will compensate the fisher for the reasonable cost of the sacrificed gear. The compensation will be in the amount of 150% of the replacement cost of the lost gear. The 150% value will compensate the fisher for the lost gear, the catch that may have been in the gear at the time of loss, and the lost opportunity to fish from the time that the gear is lost to the time that it is replaced. The fisher will be required. to provider reasonable evidence of the loss such as a written statement and receipts. F5 Mitigation Measure #F-6: TyCom will attempt to retrieve lost fishing gear immediately, within the jurisdictional limits or relevant permitting agencies. F6 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.• GI Terrestrial Biology Mitigation Measure #TB -1: Measures agreed to by the applicant will be implanted to minimize impacts to common wildlife: If left open overnight, holes, trenches, pits, and tanks either will be covered or fenced temporarily to prevent entry; and open holes, trenches, pits, and tanks left overnight will be monitored by construction personnel at the start of construction the next day to determine whether trapped wildlife are present before hole closure. . G2 Mitigation Measure #TB -2: TyCom will conduct prel construction 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 an active raptor nest is identified during the surveys, then, in consultation with CDFG and USFWS, TyCom will establish a no -construction zone around the nest minimize potential impacts to nesting activities. No construction will take place within the no -construction zone until the breeding season (i.e., March to August) is completed or subsequent raptor surveys confirm that all offspring have fledged and no new nests have been established. H1 Cultural Resources Mitigation Measure #CR -1: TyCom has agreed to conduct enhanced monitoring for all soil -disturbing activities from Fifth Street south to the TyCom Cable Station. This enhanced monitoring will entail a standard archaeological monitoring procedure, but also will require that trenches remain open so that a qualified geoarchaeologist and archaeologist can map any stratigraphic units visible in the sidewalls of excavations. In areas where the archaeological monitor determines deposits to be disturbed, or culturally sterile, this process will be abandoned. If unrecorded archaeological resources are discovered, a salvage plan will be developed. If human remains are discovered, TyCom will apply the following procedures: work will cease immediately in and near the site, and a coroner will be contacted; the contractor will await authorization to resume work from the City of Hermosa Beach, in consultation with the coroner or a Native American marine archaeologist. 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 (328 feet). I1 Noise Mitigation Measure #N-1: The applicant will limit construction to 8 a.m. to sunset, Monday through Friday for the beach segment of the project: and for other segments of the project, as permitted by the Director of Public Works and the CCC. Construction hours may be EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's modified by the Public Works Director, as needed. I2 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. I3 Mitigation Measure #N-3: The applicant will notify residences and commercial buildings adjacent to the proposed construction by mail at 1 least two weeks prior to construction. This notice would include a brief project description, the estimated level of noise, and hours of operation. I4 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. J1 Transportation Mitigation Measure #T-1: 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, before operations so that they may re-route emergency and service vehicles around the construction zones. J2 Mitigation Measure #T-2: Delivery of construction materials to individual work sites on state highways and city streets will 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.). J3 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 for approval before beginning construction. Copies of the approved traffic control plans shall be on site during construction. J4 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. See J1 Mitigation Measure #T-5: 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, and the Los Angeles County MTA, before initiating construction so that they may ensure that there is adequate emergency access around the construction zones. J5 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. J6 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. The plan will show how the construction operation will minimize parking impacts. J7 Mitigation Measure #T-8: A Notice to Mariners will be issued two weeks before construction. J8 Mitigation Measure #T-9: The applicant shall notify USCG and VTS of dates of construction, and potential dates of crossing traffic lanes. K1 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 could 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. EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements . Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's K2 Mitigation Measure #A-2: The following mitigation measures would reduce NOx emissions from vessel engines and will be implemented as the best available control technology for construction equipment (CBACT): fuel injection timing retard of 2° on diesel -powered vessel engines, and maintenance of equipment in tune to manufacture's specifications. K3 Mitigation Measure #A-4: A feasible mitigation measure is acquisition of emission credits for out to three nautical miles that have been created in SCAB. K4 Mitigation Measure #A-5: Use ARB on -road diesel fuel to reduce ROC emissions. K5 Mitigation Measure #A-6: The applicant would implement a comprehensive maintenance program for vessel diesel engines, to reduce CO emissions. K6 Mitigation Measure #A-7: The applicant will use clean diesel fuel having a maximum sulfur content of 15ppm; OR Mitigation Measure #A -7a: The applicant will acquire emission credits out to three nautical miles. Ll Hazardous Materials (including oil spills) 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. At a minimum, the plan will include the following standard operating procedures (SOPs) for spill prevention: hazard assessment, spill prevention and containment, emergency response procedures, and closing the spill incident. TyCom will also prepare a Hazardous Materials Business Plan for operations at the Cable Station. The business plan will be submitted to the city of Redondo Beach. L2 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. L3 Mitigation Measure #H-3: Construction equipment will be maintained and kept in operating condition to reduce the likelihood of line breaks and leakage. Any vehicles with chronic or continuous leaks will be removed from the construction site and repaired before being returned to operation. L4 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. Any fluids drained from equipment will be collected in leak -proof containers and taken to an appropriate disposal or recycling facility. L5 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. L6 Mitigation Measure #H-6: Human waste at the construction area will be disinfected. Portable chemical toilets will be used. The toilets will not be placed near environmentally sensitive areas. A commercial vendor will maintain the self-contained chemical toilets in good working order to ensure that there are no leaks and will pump the toilets as necessary to prevent overflow. The vendor will be responsible EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's for off-site disposal of the wastes. L7 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. L8 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. The appropriate disposal method will depend on the type of waste generated. Waste oils and other wastes considered hazardous in California will be transported by an RCRA-certified treatment, storage, and disposal facility (TSDF) and disposed at a Class I hazardous waste landfill, such as Kettleman Hills. L9 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 (e.g., stained soil or odor). L10 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. L11 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). The HSP will identify physical and chemical hazards that could result from proposed operations. L12 Mitigation Measure #H-12: The construction crew will be trained on safety measures regarding trenching and excavation, work zone safety CPR, spill prevention and control, and driving safety. See J1 & A2 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 for approval before beginning construction. Copies of the approved traffic control plans shall be on site during construction. L13 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. • L14 Mitigation Measure #H-15: TyCom will identify all utilities before construction, using utility locator services. L15 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. L16 Mitigation Measure #H-17: The Cable Station will be equipped with an automatic protection system to prevent power surges. L17 Mitigation Measure #H-18: To avoid collisions, 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. Fishers are required (47 USC 25) to remain 1 nautical mile (1.85 kilometers) from cable -lay vessels during cable lay operations. L18 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. Before the cable lay begins, the plan will be submitted to OSPR as EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/ 'EIR/Conditions of Approval, BMP's required by regulations amended in December 1999. The SOPEP will comply with MARPOL Annex 1 and will include, at minimum, the following information: purpose of the plan, hazards assessment, spill prevention and containment, emergency response procedures, closing of the spill incident, and spill notification contact list. If the vessel has an emergency, its SOPEP emergency procedures will be in effect, ' which will include immediate notification to USCG to report the emergency and request assistance. L19 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 evacuation procedures, and will require adherence to the ship's oil spill response plan. L20 Mitigation Measure #H-21: The primary work vessel will carry on board a minimum of 122 meters (400 feet) of sorbent boom, five bales of sorbent pads at least 45cm-by-45cm (18in-by-18in) square and a small powered boat for rapid deployment to contain and clean up any small spill or sheen on the water surface. L21 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. The capacity of the oil spill response vessel and its location will comply with the OSPR regulations amended in December 1999. L22 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. Aesthetics Mitigation Measure #A-1: The applicant will minimize visual impacts of beach staging areas with berms and fences. A chain-link, approximately 6 feet (1.8 meters) to 8 feet (2.4 meters) tall, will surround the beach staging area, and will be covered with privacy screening. The type of screening will be approved by the Community Development Director and Public Works Director before authorization. M1 Public Utilities / Services Mitigation Measure #PU/S-1: Before issuance of construction permits, the applicant will disseminate information to the fire, police, and public worksdepartments in Hermosa Beach, Redondo Beach, and Manhattan Beach to notify them of construction on affected roads. The information shall include times, the designated cable route, and dates. M2 Mitigation Measure #PU/S-2: The applicant will work with local police and fire departments and utility service providers, and prepare and implement an Emergency Response Plan. This plan will include provisions for a confined space rescue team. M3 Mitigation Measure #PU/S-3: Before issuance of construction permits, the applicant shall submit detailed maps of the proposed cable route to utility providers and agencies. If the route crosses existing utility lines, the applicant shall coordinate with utility providers and the applicable agencies to determine the appropriate depth of fiber optic cable and construction method for installation. M4 Mitigation Measure #PU/S-4: The applicant will coordinate with utility providers, locate utilities, and pothole as necessary to avoid disrupting utilities, thereby minimizing the risk of accidental striking. M5 Mitigation Measure #PU/S-5: The applicant will comply with State laws concerning location of cable relative to other utilities. EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's M6 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. M7 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. M8 Mitigation Measure #PU/S-8: In the event the Applicant uses the direct burial method of installation for any portion of the cable system, the applicant shall ensure that there will be no time lapse between the establishment of temporary lifeguard towers and the displacement of the original lifeguard towers at Second Street. M9 Mitigation Measure #PU/S-9: The applicant shall identify beach tower communication lines and avoid striking during beachfront construction. ,The applicant shall relocate the lines with the lifeguard towers, so that communication and beach safety are maintained. M10 Mitigation Measure #PU/S-10: The applicant shall provide mockup designs of the proposed fencing around the beach construction area to Los Angeles County Lifeguards to ensure that visibility from the lifeguard towers is maintained. Construction- and Phasing N1 Condition of Approval: 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. N2 Condition of Approval: TyCom shall coordinate in the preparation of a Construction Operation Plan and Program to address either the use of direct burial as approved by the City Council on December 18, 2001, oras approved by the City Council on June 11, 2002 for the use of HDD. 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 all aesthetic concerns. • Limitations on construction activities by date and hour. • A scaled plan that depicts pedestrian circulation routes and demonstrates the maintenance of safeand open access to the beach, The Strand, and the greenbelt during project construction. • Posting of signage at the staging and construction areas identifying limitations on construction activities by date and hour and phone numbers the public may contact in the event of concerns and/or complaints for the following: * Applicant's on-site Project Superintendent (24 hour accessible phone number) * City's Project Manager * Department of Public Works * City Fire Department EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's * City Police Department * County Lifeguards 2. The noise attenuation barrier walls shall be used to completely surround the drill site with minimum wall height of no less than 8 feet and as high as necessary to adequately attenuate the sound as required by the City. The length, height, and location of the noise attenuation barrier walls shall be adequate to ensure proper acoustical performance and shall be approved by the Director of Public Works. The final noise attenuation wall height shall be determined by acoustical study prepared by the applicant in conjunction with the wall design for the project and reviewed and approved by the Director of Public Works prior to commencement of operations. 3. That the barrier wall material should consist of fiberglass -filled acoustical curtains or panels with a Sound Transmission Class (STC) rating of at least 27 (STC -27) and they be designed to preclude structural failure due to such factors as winds, shear, shallow soil failure, earthquakes, and erosion as approved by the City's Public Works Director prior to commencement of operations. 4. A diesel engine acoustical enclosure consisting of a metal framed, fiberglass -filled panels or other acceptable design be required for the drill rig, and any compressor and pumps, with all other internal combustion equipment using noise shrouds no less effective than those originally installed on the equipment. Design noise reduction shall be no less than 18 dBA measured at equipment height from locations to be selected outside of the noise attenuation barrier walls. All other internal combustion equipment shall use noise shrouds no less effective than those originally installed on the equipment. The_ final design of the enclosure shall be determined by acoustical study prepared by the applicant for the project and reviewed and approved by the Director of Public Works prior to commencement of operations. 5. High performance mufflers are used on all diesel engines in regular use on the drill site and the use of air impact wrenches or 1 similar equipment used on drill pipe flange bolts conform to all noise abatement requirements. Truck engines are excluded, but shall not have unmuffled exhaust. 6. With the exception of drilling operations, no heavy equipment is operated outside of those approved hours specified by the City Council approval on June 11, 2002 (7 a.m. to 8 p.m., Monday through Friday). 7. No equipment setup, tear down, or initial drilling start-up operations may occur outside of those approved hours specified by the City Council approval on June 11, 2002 (7 a.m. to 8 p.m., Monday through Friday). 8. No trucks involved in materials removal or delivery shall access the site outside of those approved hours specified by the City Council approval on June 11, 2002 (7 a.m. to 8 p.m., Monday through Friday). 9. All internal combustion equipment shall be properly tuned -up to minimize noise emissions. EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's N3 Condition of Approval: 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. N4 Condition of Approval: 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). N5 Condition of Approval: 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. N6 Condition of Approval: 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. N7 Condition of Approval: TyCom shall be responsible to restore all work within City streets, greenbelt and right of way to its pre-construction condition or better. TyCom shall also be responsible for providing funds to the City of Hermosa Beach in the amount of $275,000, as detailed in the approved easement agreement, to be used for repaving of Second Street from The Strand to Valley Drive. In addition, TyCom shall be responsible for providing upgrades to that portion of the greenbelt affected by the cable installation in an amount directed by the City Manager to achieve the originally approved landscape plans dated 12-9-97 (CIP 96-508) for that portion of the greenbelt. TyCom shall also be responsible for slurry sealing (slurry seal and crack sealing) the entire width and length of all other affected streets, 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. Certifications 01 Condition of Approval: An acceptance of conditions form shall be executed by. TyCom and submitted to the Community Development Department prior to issuance of construction permits. 02 Condition of Approval: This grant shall not be effective for any purposes until TyCom has filed at the office of the Planning Division of ill Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. 03 Condition of Approval: The PDP and this Resolution shall be recorded, and proof of recordation shall be submitted to the Community Development Department 04 Condition of Approval: 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. 05 Condition of Approval: 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. EXHIBIT "A" TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Conditions of Approval, Mitigation Measures, BMP's and Permit Requirements from the PDP 01-10, Amended PDP 01-10, DEIR/FEIR and Addendum 6-11-02 - Condition of Approval Category Conditions of Approval, Mitigation Measures and Permit Requirements Resource Topic Mitigation From DEIR/FEIR/Conditions of Approval, BMP's 06 Condition of Approval: 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 07 Condition of Approval: The Project shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of TyCom to cease any development or activity not in full compliance shall be a violation of these conditions. 08 Condition of Approval: 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. 09 Condition of Approval: The applicant shall be responsible for reimbursing the City all City-related costs associated with the implementation, monitoring, reporting and follow-up required in the Mitigation Monitoring Program and further detailed in the Memorandum of Understanding between the City and the applicant. Attachment A Mitigation Measure G-3, Explication of Burial Plan requirements At minimum, the [Burial] Plan will incorporate the following measures: A. It will be necessary to establish control data to use as a basis for future monitoring. TyCom will survey a profile along both alignments and will compare these data to measurements taken at the Hermosa Beach Pier. The fluctuation of sand over time relative to both sites and the pier will be the benchmark. Monthly surveys of the routes will be conducted from October 2001 to May 2002. Elevations will be surveyed along the cable routes at 75 meter (246 foot) intervals between The Strand wall and the 5 -meter (16.4 foot) contour. Between the 5 -meter and 15 -meter (16.4 foot and 49.2 foot) contour, survey intervals will be increased to 200 meters (656 -feet). Additionally, sand levels will be measured at 25 -meter (82 foot) intervals along the Hermosa Beach Pier from the beach to the end of the pier. B. It will be necessary to monitor sand migration for the first two winters to determine whether and when the sand cover is reduced to less than 0.5 meter (1.6 feet). Monitoring will determine when remedial activities must be undertaken. Monitoring will consist of surveying and monitoring the sand elevations at certain locations and at certain intervals along both submarine cable routes and at the Hermosa Beach Pier as described below. i. During the first winter (November through March), sand elevations will be measured monthly at the locations and intervals described above. Additionally, sand elevations will be measured after large storms in which waves exceed 3.5 meters (11.5 feet) for a period of more than 8 hours as measured by the Coastal Data Information Program. ii. During the second winter (November through March), sand elevations will be measured monthly at the locations and intervals described above. iii. After the second winter, for the life of the project, sand measurements will be taken annually during January or February, when sand levels are typically at their lowest. These sand measurements will be taken only at the Hermosa Beach Pier. The measurements will be compared to the data collected during the three previous years to determine whether measurements along the cable alignments are needed. If the sand levels at the pier are found to be lower than any of the previous years' measurements, sand levels will be measured along both cable alignments. iv. Additionally, after major storm events (defined as having waves that exceed 4.3 meters [14.1 feet] for a period of more than 8 hours as measured by the Coastal Data Information Program), if normal monitoring is not scheduled, sand level measurements will be taken. C. This section will apply to the cables in the nearshore area between the beach manhole and the 10 -meter (32.8 -foot) contour water depth point. i. TyCom will contract with a local marine contractor to provide on-call response burial services until retirement of the project. This contract will allow timely response to rebury the cables if necessary. ii. If the sand cover over the cables is reduced to a depth of less than 0.5 meter for a distance of more than 40 meters (131 feet), TyCom will initiate activities to rebury the cables to a depth of 1 meter (3.3 feet) below the elevation at the time of the reburial. If at any time the cables become exposed, TyCom will take immediate action to rebury the cables to a depth of 1 meter (3.3 feet) below the elevation at the time of the reburial. iii. Immediately upon notification by others or discovery by TyCom of a shallow cable (a cable with less than 0.5 meter [1.65 feet] of cover over a distance of more than 40 meters [131 feet]), TyCom initiate activities necessary to rebury the cable. The cables will be reburied to a depth of 1 meter (3.3 feet) below the elevation at the time of the reburial. Work will begin as soon as it is safe to do so depending on weather and sea conditions. iv. Because a storm event may cause sand to migrate away and then return in a very short time (a few days), sand measurements will be taken be -fore the commencement of the reburial operation. If the sand level is once again more than 0.5 meter (1.6 feet) above the cable, the reburial activities will not necessarily be performed. v. Immediately upon notification or discovery by TyCom of an exposed cable, TyCom will initiate activities necessary to rebury the cables. The cables will be reburied to a depth of 1 meter (3.3 feet) below the elevation at the time of the reburial. The forces will begin work as soon as it is safe to do so depending on weather and sea conditions. vi. Between the times when the exposed cable is discovered and the reburial is completed, TyCom will provide an on-site safety person to warn those in the vicinity of the exposed cable. The safety person will see that buoys are placed as warning devices and/or will remain on site to warn individuals in the vicinity. Jose Cordaro or Tina Fahy National Marine Fisheries Service Long Beach, CA 90802 (310) 980-4017 Dan Chia or Marine Carzola California Coastal Commission 45 Fremont, Suite 2000 San Francisco, CA 94105 (415)904-5200 F:\B95\CD\TyCom\MMP revised 6-11-02.doc Attachment B Mitigation Measure MB -10 Contact Information Enforcement Dispatch Desk California Department of Fish and Game Long Beach, CA 90802 (909) 597-9823 (916) 445-0045 (during non -business hours) Marine Mammal Rescue Center 389 North Hope Avenue Santa Barbara, CA 93110 (805) 687-3255 June 10, 2002 Honorable Mayor and Members Special Meeting of of the Hermosa Beach City Council June 11, 2002 SUBJECT: AMENDMENT TO THE EASEMENT AGREEMENT BETWEEN THE CITY AND TYCO NETWORKS FOR INSTALLATION OF A PORTION OF A SUBMARINE FIBER OPTIC CABLE SYSTEM LOCATED AT THE BEACH AND ON CITY OWNED PROPERTY. Recommendation: Adopt the attached Resolution approving the amendments to the easement agreement. Background: On December 18, 2001, the City Council granted final approval for a submarine fiber optic cable project, certifying the Environmental Impact Report, approving a Mitigation Monitoring Program (MMP) and approving PDP No. 01-10 and a related easement agreement. Based on input from the Coastal Commission, the applicant subsequently decided to pursue an alternate method of construction and to amend the PDP and related environmental documents. On May 21, 2002, the Planning Commission unanimously approved the EIR Addendum and the PDP amendment to permit Horizontal Directional Drilling (HDD) and the City Council will hear the PDP Amendment and EIR Addendum on June 11, 2002. Analysis: The original easement agreement approved by the City Council in December 2001, was based on a trenched landing approach (direct burial landing) to install the fiber optic cable under the beach and in the nearshore area. The amended agreement modifies the method of construction consistent with the amended PDP and EIR Addendum to allow a horizontal directional drilling approach to install the submarine fiber optic cables in marine waters under the City's jurisdiction, under the beach and along a portion of the approved Second Street alignment. Section 1 of the original agreement has been amended to replace all references to TyCom Networks with Tyco Networks. Section 2 adds the phrase "and the Addendum", to reflect the environmental review process related to the project change, and Section 6 describes the HDD method of installation. All other components of the approvedeasement agreement are unchanged. . of Blume eld, Director -Communit Development Department Concur: Stehn ' . Burrell, City Manager Attachment: 1. Resolution 2. Amendment No. 1 to Easement Agreement SUPPLEMENTAL INFORMATION b RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE EASEMENT AGREEMENT FOR THE PROPOSED DEVELOPMENT OF A SUBMARINE FIBER OPTIC CABLE SYSTEM The City Council of the City of Hermosa Beach does hereby Find, Order, and Resolve as follows: SECTION 1. On May 13, 2002, Tyco Networks (US) Inc. (the "Applicant") filed a complete application for an amendment to the approved Precise Development Plan/Planned Development Permit, PDP No. 10-01, to modify the method of installation for a portion of the Applicant's proposed submarine fiber optic cable system to be located on city owned property (the "Project") and a conforming amendment to the Easement Agreement. SECTION 2. The amendment to the Easement Agreement modifies the terms of the Easement Agreement to be consistent with the amended PDP No. 01-10, to allow the use of a Horizontal Direction Drilling (HDD) approach within the existing city public rights-of-way, under the City beach, in the marine waters within the City's jurisdiction. SECTION 3. The City Council hereby approves the amendmentto the Easement Agreement, attached hereto as Exhibit "A", and authorizes the Mayor to execute the amended Easement Agreement on behalf of the City. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 11 th day of June 2002. President of the City Council and Mayor of the City of Hermosa Beach, California Page 1 ATTEST: APPROVED AS TO FORM: City Clerk City Attorney F:\B95\CD\TyCom\CC Reso for Amended Easement 6-11-02.doc Page 2 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 AMENDMENT NO. 1 TO THE FIBER OPTIC CABLE EASEMENT AND ASSOCIATED CONSTRUCTION EASEMENT GRANTED BY THE CITY OF HERMOSA BEACH TO TYCO NETWORKS (US) INC. On December 14, 2001, THE CITY OF HERMOSA BEACH, hereinafter referred to as Grantor, granted a Fiber Optic Cable Easement and Associated Construction Easement (the "Easements") to TyCom Networks (US) Inc., predecessor to TYCO NETWORKS (US) INC., hereinafter referred to as Grantee. This Amendment No. 1 to the Easements will allow Grantee to use Horizontal Directional Drilling (rather than trenching) to install a portion of its Cable facilities from a point in Second Street at Hermosa Avenue to a point off shore where the water depth reaches 13 meters. Section 1. The Easements are hereby amended to replace all references to "TyCom Networks (US) Inc." with "Tyco Networks (US) Inc." Section 2. Section 2.1 of the Easements is hereby amended to add the phrase "and the Addendum" as shown in bold in the text below: 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 12193\0001\693693.1 located underground and the marine portion of the fiber optic cable shall be buried as described in the Final Environmental Impact Report and the Addendum prepared for the Cable project. Grantor also grants to Grantee access to, over and across the Cable Easement Area to the extent reasonably necessary to effectuate any of the purposes for which this Cable Easement is granted. The cable shall be laid (or relocated, if necessary) within reasonable proximity to the location described in Section 3. Additionally, the parties agree that the description of the Cable Easement Area will be conformed to match a centerline identified by the precise location of the cable disclosed by the "as built" survey required in Section 4. 1. Section 3. Section 3 of the Easements is hereby amended by substituting the diagram of the construction easement area set forth in the original agreement with the diagram of the construction easement set forth as Exhibit A to this Amendment. Section 4. Section 4.10 of the Easements is hereby amended to replace the reference to "TyCom Ltd." with a reference to "Tyco Telecommunications Ltd." and to therefore read as follows: 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 Tyco Telecommunications Ltd. The Guaranty shall be substantially in the form attached as Exhibit B. Such Guaranty may also be used to fulfill the requirements of Section 4.9 Section 5. The Guaranty set forth in the Easements as Exhibit B is hereby amended to replace "TyCom Ltd." as the Guarantor with "Tyco Telecommunications Ltd." and to replace references to "TyCom Networks (US) Inc." with references to "Tyco Networks (US) Inc." and to acknowledge this Amendment No. 1. A restated form of Guaranty is attached to this Amendment as Exhibit B. Section 6. The amendments to Section 2.1 and to the Construction Easement set forth above shall only become effective if the California Coastal Commission requires Tyco Networks (US) Inc. to use the HDD method of installing the portion its Cable facilities described above. Section 7. Except as otherwise specifically provided in this Amendment No. 1 to the Easements, the Easements shall remain in full force and effect as originally approved on December 14, 2001. 12193\0001\693693.1 IN WITNESS WHEREOF, the parties hereto have executed this document as of the date hereafter affixed. GRANTEE: Tyco Networks (US) Inc. City of Hermosa Beach GRANTOR: By: Its: By: Its: Date: ACKNOWLEDGMENT 12193\0001\693693.1 - 3 By: Mayor of the City of Hermosa Beach ATTEST By: City Clerk, City of Hermosa Beach Date: EXIT A [Construction Easement ] 12193\0001\693693.1 - 4 - Terrestrial Construction Second Street landing to the edge of Hermosa Beach SHORE ENO COM]UOS 4TH ar. r L....... Tr IS / ,'` / � i •l . i�/F �.. Z 1�, • (11 r....... TM a -.. , �- CON 3 ` �� 'c' u tt CU48Tf1 ZONE 1 BCUNCiAft{ <5 10...1 S is / •til u•`!.• ..--..... i ' kk.._ f..• 1 CLIP! �' ti� 4. w ! ` ,. ✓ s: z..•...• ,....r•. -_- _-R�1-D oo rl rrr �' CrfY"oF R .... i1 5/21/02 Exhibit A - Contruction Easement Terrestrial Construction Second Street landing to the edge of Hermosa Beach Second Street temporary use: • South parking lane - the trench and trenching equipment • South traffic lane - workers and equipment movement, including preparation of debris for removal from site • North traffic lane traffic controlled for safety per the traffic control plan (TCP) • North parking lane - normal parking Pedestrian traffic will be maintained on the north sidewalk, and on the south controlled for safety per TCP • Vehicle traffic and parking will be blocked between Beach Drive and Hermosa Ave per EIR - see page 3 for layout Beach Drive temporary use • East lane at Second Street intersection controlled for safety per the TCP Strand and beach temporary use • Two inch cut for tacking wire (continued pedestrian access) • Ocean ground bed installation per EIR (as amended) Green Belt temporary use: • The same width as Second Street (approximately 16 feet) for trenching and equipment movement Refer to the EIR (as amended) for trench construction details. 5/21/02 Exhibit A - Contruction Easement Terrestrial Construction Detail of drill staging area esuiro 'vs 5(w/g • nirtargainikuins Rem= mi 1151•11 AM= RI saw •IMT Mr= 11111131•11C111 ifmrowretmtir • '''' • .‹P••••:.,•::•••.: • • The beach manhole will be placed on the drill entry location (bore pit) upon completion of drilling 5/21/02 TGAI 711449.1=110 WORM emit cp. ODIC Ian IPCDC10/61 KNIPE NI 1.1StALUCIKII ME maw RAM TO1413 Exhibit A - Contruction Easement 3 EXHIBIT B [Tyco Telecommunications Ltd. Parental Guaranty] 12193\0001\693693.1 - 5 • GUARANTY by Tyco Telecommunications Ltd. in favor of The City of Hermosa Beach Dated as of [date] 12193\0001\693693.1 - 6 GUARANTY GUARANTY dated as of (this "Guaranty") by Tyco Telecommunications Ltd. ("Guarantor"), a Bermuda company having an address at Zurich Center, 2" floor, Suite 201 90 Pitts Bay Road, Pembroke, HMO8 Bermuda, in favor of The City of Hermosa Beach, a California Municipal Corporation. RECITALS (A) Pursuant to that certain Easement Agreement dated , 2001, as amended, (the "Commitment Agreement") between Beneficiary and Tyco 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. 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 12193\0001\693693.1 - 7 - 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 laid 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 frill. 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 permittedto be exercised by the Beneficiary. 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. 12193\0001\693693.1 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 t Ilex number as such party may hereafter specify for the purpose by notice to the other party. Each such notice, request or other communication shall be effective (i) if given by facsimile transmission, when such telecopy is transmitted to the telecopy number specified in this Section, and answerback has been received, (ii) if' given by telex, when such telex is transmitted to the telex number specified and the appropriate answerback is received, (iii) if given by mail, three business days after such communication is deposited in the mails with first class (or, in the case of international mail, airmail) postage prepaid, addressed as aforesaid, or (iv) if given by any other means, when delivered at the address specified in this Section. SECTION 4.2. No Waivers No failure or delay by the Beneficiary in exercising any right, power or privilege hereunder or under the Commitment Agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other- right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 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 n 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 12193\0001\693693.1 hereunder without the prior written consent of the Beneficiary, which shall not be unreasonably withheld or delayed. This Guaranty shall inure to tie 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 CALIFORNIA. 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\693693.1 - 10 - • IN WITNESS WHEREOF, the Guarantor has executed this Guaranty by its duly authorized officer as of the date first above written. GUARANTOR: Tyco Telecommunications Ltd.: By: Name: David W. Van Rossum Title: Vice President and Chief Financial Officer Facsimile: (441) 237-3530 Address: Zurich Center, 2nd floor, Suite 201 90 Pitts Bay Road, Pembroke, HMO8 Bermuda 12193\0001\693693.1 - 11 - NOTICE OF SPECIAL MEETING. HERMOSA BEACH CITY COUNCIL Tuesday, June 11, 2002, 7:30 P.M. Hermosa Beach Community Center, Room 4 710 Pier Avenue, Hermosa Beach NOTICE IS HEREBY GIVEN that the Hermosa Beach City Council will conduct a special meeting on an amendment to the easement agreement between Tyco and the City of Hermosa Beach. The special meeting shall be held concurrent with the public hearing scheduled as item 5.b. on the regular City Council agenda of Tuesday, June 11, 2002. The City Council will consider and act upon a proposed amendment to the easement agreement that was approved by the City Council on December 18, 2001. Elaine Doerfling City Clerk Dated and posted June 10, 2002, pursuant to the California Government Code Tyco Telecommunications Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Amendment of Planned Development Permit/Precise Development Plan (PDP) No. 01-10 Issued by the City of Hermosa Beach on December 18, 2001 Submitted to: City of Hermosa Beach Community Development Department 1315 Valley Drive Hermosa Beach, CA 90254 Prepared by: two Telecommunications 10 Park Avenue Morristown, NJ 07960 Submitted April 15, 2002 Revised May 10, 2002 RECEIVED JUN 052002 COM. DEV. DEPT. Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 Executive Summary The City of Hermosa Beach (City) approved a planned development permit/precise development plan (PDP) for the Tyco Telecommunications Transpacific Fiber Optic Cable and Hermosa Beach Landing Project (project) on December 18, 2001. At the same time, the City certified an Environmental Impact Report (EIR) and granted a lease for the project. The approved project was based on a trenched landing (also called a direct landing) to install the fiber optic cable under the beach and in the nearshore area. Because of concerns expressed by the California Coastal Commission (CCC), Tyco Telecommunications (the applicant) is now proposing a change in the construction method for the portion of the project between 2nd Street at Hermosa Avenue and the point offshore at which water depth reaches 43 feet (13 meters). The applicant is proposing to amend its existing PDP to allow horizontal. directional drilling (HDD) instead of a direct landing at 2nd Street and immediately offshore. The proposed change will affect terrestrial construction between Hermosa Avenue and the shoreline, and marine construction between the shoreline and the 43 -foot (13 -meter) water -depth contour, which is a distance of approximately 3,300 feet (1,000 meters). Tyco Telecommunications has submitted applications for permit amendments or revisions for the proposed change to the CCC, the U.S. Army Corps of Engineers (Corps), and the Los Angeles Regional Water Quality Control Board (LA RWQCB). This document and supporting material describe the proposed drilling activity and the applicant's proposed best management practices (BMPs). The applicant has also prepared a draft addendum that analyzes the environmental effects of the proposed drilling activity. The primary potential impacts of directional drilling are construction noise, traffic and parking, air quality, aesthetics, water quality, and marine biology. All of these subject areas were discussed in the certified EIR. However, the specific details of potential impacts related to directional drilling in the proposed location were not discussed. The analysis in the Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 1 May 10, 2002 J&S 01-291 5/10/02 Telecommunications addendum of these and other California Environmental Quality Act (CEQA) subject areas concludes that the applicant's proposed construction methods, in combination with previously adopted mitigation measures, would result in no new significant environmental impacts and no substantial increase in the severity of previously identified significant impacts. Since the change to the project involves the selection of a construction method over a relatively limited portion of the project, and the applicant has committed to incorporating all necessary practices and controls to avoid any new significant impacts or substantial increases in previously identified significant impacts, an addendum to the existing certified E1R can be prepared (CEQA Guidelines 15162 and 15164). Project Description for Proposed Change Introduction - Horizontal Directional Drilling HDD is a process of boring that allows the bore to be steered. HDD bores are guided by a drill head fitted with a steering tool that uses magnetometers and inertial devices to track the direction of advance (horizontal and vertical) and the absolute location. The HDD drill rig drills into the ground at an angle through an excavated entry pit. In general, the limit of the bore angle is approximately 15 degrees. With HDD, conduits are installed from shore. The conduit is advanced in 30 - foot (9.3 -meter) sections through the borehole as it is created. Surveys are conducted in 30 -foot (9.3 -meter) increments to verify the drill position and path. Once the bore conduits reach the desired depth, it is leveled out as the drilling continues to push the pipe horizontally through the ground. After reaching the appropriate distance offshore (approximately 2,640 feet [800 meters]), the drill head is guided to the surface and the bore is complete. The bore alignment is shown on the figure in Appendix A. The bore alignments and punch -out points are along the same corridor previously proposed for the cable. A bentonite/water mixture is used to lubricate the bore, cool the drill, and keep the hole open by sealing the outside surface of the bore. Other materials used by the bore equipment during the process include petroleum products such as gasoline, motor oil, and lubricants. Typical HDD Equipment Table 1-1 below lists the major items of equipment included in this HDD operation. Table 1-1. HDD Equipment Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 2 May 10, 2002 J&S 01-291 Telecommunications 5/10/02 Equipment Description Dimensions (feet) Drill Rig (DD 140 or equivalent) 40 x 10 Control Cab w/Power Pack 8 x 8 Fluid Mixing and Cleaning System w/Pump (MP 500 40 x 8 or equivalent) Pipe Trailer 40 x 8 Generator 12 x 8 Tool Van 12x8 Work Space/Staging Requirements HDD operations will require a minimum of 3,000 square feet (275 square meters) for staging the HDD rig and guidance controls, fluid -mixing system and pumps, pipe rack or trailer, and miscellaneous other minimal support equipment. The staging area is shown on the figure in Appendix B and photos of the staging area and surrounding area are included in Appendix D. Additional storage and support work space of 12,000 to 15,000 square feet (1,100 to 1,377 square meters) will also be required. The area proposed as the main storage area along North Francesca Avenue and Herondo Street will be used as the support staging area for the bore. Because the 2nd Street site between Beach Drive and Hermosa Avenue is limited in space, materials and supplies will need to be delivered daily from the main staging area to the drill site at 2nd Street. Drill cuttings will be manifested for disposal and trucked off the drilling site. There would be an average of 2 trips per day for material and supply deliveries. Factors Affecting Bore Operations The four primary factors that affect an HDD operation are: bore length, horizontal geometry, vertical geometry, and subsurface material. The two bores for this project will each be approximately 3,300 feet (1,000 meters) in length. Two bores are proposed to allow for separation of the two cables as they proceed westward from the manhole, which increases the security of the system overall. The two cables will be installed in sequence. The horizontal geometry for these bores are relatively simple, with slight curvature (radius of 1,000 feet [305 meters]) to avoid the restrooms on the beach. The vertical geometry will be fairly straightforward and will include minimum entry and exit angles. The ground profile between the staging area and the ocean is relatively flat and will not be a factor in the vertical geometry. The bores will descend at 10 to 12 degrees. Based on a conference call Thursday April 4, 2002 with the CCC staff geologist, itis understood that the Coastal Commission generally requires a minimum depth of cover below the ocean floor of at least 100 feet, unless geologic conditions warrant otherwise. This depth is shown on Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 3 May 10, 2002 J&S 01-291 t71,11=13 Telecommunications 5/10/02 the preliminary alignment in Appendix A; however actual alignments and depths have not yet been determined. The drilling contractor will use approved final design alignments until the 43 -foot (13 -meter) water -depth contour, where they will be turned upwards to punch out through the seafloor. The conduit ends will be secured by blowing air out the clear end; cutting the end of pipe approximately 1 -meter below the seabed, and a trap valve installed. Once the main lay -cable vessel arrives and is stationed, cable can be pulled through the conduits. From the punch -out point seaward, cable will be installed by jetting and plowing as described for the previously approved project. Based on the geotechnical samples, the subsurface material consists primarily of dense sands with silts and gravels. It is possible that some of the drilling fluids will be lost in fractures or within the geological strata. In cases where a fracture is lateral and subterranean, lost fluids will never surface. In other cases, drilling fluids may reach the surface during drilling (e.g., the fracture comesclose enough to the surface that the pressure causes the release of drilling fluid above ground). The potential for releases of drilling fluids to the surface environment will be minimized through the measures described in the fluid monitoring plan in Appendix C. Design Drawings Prior to HDD operations, detailed engineering plans will be produced. These drawings will detail the HDD horizontal and vertical alignment, as well as other site and facility requirements. HDD Operations Mobilization and Set Up Before the drill rig and associated equipment can be mobilized to the site, the site will need to be prepared. "No Parking" signs will be placed in the site area, the site will be cleared of miscellaneous debris, and a temporary sound barrier will be constructed. The sound barrier will be constructed from 34" plywood and 2x4 studs, and will be 8 feet tall. Sound blankets will line the plywood. The barrier will completely encircle the site and will have gates for access and deliveries. Sand bags and straw bales will be placed around the perimeter of the security fence. Plastic sheeting and bales would also be placed under the mud mixing to contain spillage of drilling fluid or site runoff from exiting the site (as described below the bentonite -water drilling fluid mixture is not -hazardous). Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 4 May 10, 2002 J&S 01-291 t ycco Telecommunications 5/10/02 Once the site has been prepared, the drill rig and associated equipment, supplies and materials will be mobilized to the site by road transport. Approximately 5 personnel would work at the bore site in addition to 2 surveyors and 2 monitors, for a total of 9 persons. It is expected that there would be 4-6 trips/day by workers. The drill rig will be set up and configured on the site. All drilling -fluid pumping systems will be installed and tested, and the bore entry pit will be excavated. Once all of the equipment has been set up and tested, drilling can commence. HDD Drilling Process and Equipment Two types of drill heads are expected to be used. The specific subsurface conditions encountered at various depths will determine which drill head will be used. In jettable substrates, a spud jet will be used that releases drilling fluid through the jet bit to erode material and create the borehole in which the conduit is inserted. This type of drill head is used in soft substrates, such as sands, silts, and clays, which is the expected composition of formation material that will be encountered during the project. In harder formations, a down -hole mud motor will be used that uses drilling fluids to rotate a drill head to cut through the more dense formations. Water for the drilling fluid will be obtained from a local water source. It is expected that a city hydrant would be metered for use for drilling. Average water usage per day is expected to be about 1,000 gallons. This amount would increase to about 5,000 gallons for the last day of drilling each bore, because only water is used as the drill lubricant for the last portion of the bore (to reduce the likelihood of release of bentonite). In the event of a fire emergency, the water usage could be shut down, if needed to maintain local fire pressure. Spent drilling fluids, except for those lost in a formation or sub -tidally at the point of breakthrough, and cuttings will be collected and contained within the HDD staging area prior to disposal at a permitted landfill. A truckload of cuttings from the HDD site will be hauled away at most only a few times per week during HDD operations. While the drilling rig is being set up, the down -hole survey probes (Tensor probes) will be calibrated along the proposed alignment to give an accurate azimuth to guide the drilling. Magnetic direction, inclination, and tool -face readings obtained from this calibration will be used during drilling operations to calculate the pilot -hole position relative to the design profile. After calibration, the probe will be transferred to the drilling rig, and the down- hole drilling tool and magnetic guidance system will be assembled and placed in the pilot pipe string. The down -hole tool consists of (from front to back) a bit, mud motor, and non-magnetic collars, which encase the survey tool. The survey system consists of a Tensor survey tool and electrical wire used to transmit down -hole data to a computer in the drilling control cab. Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 5 May 10, 2002 J&S 01-291 Telecommunications 5/10/02 Progress will be monitored throughout the pilot -hole drilling operation using the down -hole survey tool. The down -hole survey tool provides pipeline azimuth and inclination readings to the drilling control cab, where a technician tracks the pilot -hole location. The drilling operator continuously makes adjustments to the alignment during pilot -hole drilling based on these survey readings. Additional surveys will be taken, on land, using the "TruTracker" System. As drilling progresses, drilling mud will be pumped through the drill pipe to the mud motor. Blending dry bentonite with fresh water in the mud -mixing tank will control the viscosity range and other properties of the drilling mud. Bentonite is very fine-grained, non-toxic, natural marine sediment that swells in water. The slurry mixture is usually about 15 to 20% bentonite; the remainder is water. The slurry is circulated through the borehole under pressure and returns to the drill point (through the bore) carrying the cuttings. This mixture enters a recovery tank, where it is filtered to remove the cuttings and then re -used. To minimize the potential for release of bentonite drilling fluids into the marine environment, the last 30 -foot (9 -meter) section of the borehole before the punch -out point will be drilled using potable water as a drilling fluid. Spent drilling fluids, except for those lost during drilling, and cuttings will be collected and disposed of at a permitted landfill. When the bore breaks through the offshore seafloor at the 43 -foot (13 -meter) water -depth contour, some bentonite and lubricant will enter the water. After punching -out, air will be pumped from the drilling rig, through the pilot -pipe, to locate the actual punch -out position. Demobilization and Clean Up Once drilling operations have been completed, the drilling site will be demobilized. All equipment associated with this operation will be removed from the site. The temporary sound barrier and site containment materials will also be removed. A water truck and vacuum truck will be used to wash any remaining drilling fluid and mud from the site. Silt will not be washed into storm drains. Finally, all disturbed pavement will be restored. Ocean Ground Bed (OGB) Installation An ocean ground bed (OGB) will be installed under the beach at 2nd St. at the same location as in the previously approved project. The ground bed anodes will be placed well below (approx. 10 -feet [3 meters]) the surface of the beach. The ground bed will be located approximately 100 -feet west of the Strand. The ground bed will consist of up to six anodes constructed of cast iron, and encased in a canister .10 inches in diameter and up to 84 inches long. The anodes will be installed into holes drilled in the beach down to the seawater level below the beach. A copper ground cable (DC current) will connect the tops of the anodes Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 6 May 10, 2002 J&S 01-291 cr3 Telecommunications ' 5/10/02 to each other and will connect to the cable system at the beach manhole on 2nd St. between Beach St. and Hermosa Ave. The ground cable will be installed from the beach manhole to the beach by directional drilling and will be installed on the beach by trenching. OGB installation activity will take approximately 5 days of work on the beach itself. This activity does not represent a change to the project previously approved by the City. Sequence of Operation The sequence of the operation and general duration expected for each step are given in Table 1-2 below. Table 1-2. Construction Schedule (based on 8:00 am to sunset, M -F) Activity Approximate Duration Site Preparation, Mobilization, Equipment Placing & Testing 1 week Drilling of First Pipe 2 weeks Drilling of Second Pipe 2 weeks Site CIeanup and Demobilization 1 week Contingency 1 week Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 7 May 10, 2002 J&S 01-291 Telecommunications 5/10/02 Applicant -Proposed Best Management Practices Table 1-3 below describes the applicant -proposed BMPs specific to HDD. Table 1-3. BMPs for HDD at 2nd Street Boring Site (Between Hermosa Avenue and Beach Drive) BMP Resource Topic Description SCHED-1 All N1 Noise N2 Noise N3 Noise N4 Noise Al Air Quality A2 Air Quality A3 Air Quality P 1 Public Use Ti Traffic WQ1 Water Quality WQ2 Water Quality Drilling operations will be conducted outside of peak season (Memorial Day to Labor Day). A temporary sound barrier will be erected around the bore site. The barrier will be constructed of 3/4" plywood and 2x4 stud construction, and will be 8' tall. Sound blankets will line the plywood. The engines that drive the pumps and HDD rig will be encased in plywood or other sound -dampening material. Mufflers will be in place on the main engines on the drill rig. Work Hour Restrictions — HDD boring operations will be limited to 8:00 a.m. to sunset, Monday through Friday. Low -sulfur diesel fuel (< 15 ppm) will be used for horizontal drilling equipment, if feasible. Exhaust stacks from drilling rig and mud unit will be directed upward to enhance dispersion and reduce potential for localized odors. Offset credits will be obtained for any emissions of NOx over the SCAQMD daily thresholds. Parking: The bore site will occupy six metered parking spaces during the operation. Arrangements will be made with the City for alternative parking. A traffic control plan for the bore site will be prepared and submitted to the City for approval prior to beginning construction. Site Containment: Sand bags or straw bales will be used at appropriate locations to ensure that no fluids are allowed to run off the site into storm drains or other receptors. HDD Drilling -Fluid Monitoring: An HDD drilling -fluid monitoring plan has been developed for the project and will be implemented (see Appendix C). In addition, many of the mitigation measures in the adopted mitigation monitoring plan (MMP) would also apply to the project with the proposed change. An Appendix to the California Environmental Quality Act (CEQA) Addendum includes the adopted MMP and notes which measures would still apply to the project with the proposed change. Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 8 May 10, 2002 J&S 01-291 Telecommunications Project Permits 5/10/02 Table 1-4 below describes the required permits for the proposed change to the project. Table 1-4. Permits Related to Proposed Change Agency Permit Status Jurisdiction City of Hermosa Beach California Coastal Commission (CCC) Los Angeles Regional Water Quality Control Board (LA RWQCB) U.S. Army Corps of Engineers (Corps) Amended PDP Coastal Development Permit (CDP) Section 401 Certification Section 10/Section 404 Authorization under Nationwide 12 Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 This document Bore amendment to be submitted 5/1/02 Bore amendment to be submitted 5/1/02 Bore amendment to be submitted 5/1/02 9 Within City limits Within coastal zone Area of Corps permit (= below mean high -tide line) U.S. waters (= below mean high -tide line) May 10, 2002 J&S 01-291 Appendix A Bore Alignment Figure L:U400\04 Engineering\Gtaphia\SHEEI11400-PRM-SHT-712a.dwg, 04/10/02 11:50:11 AM, 1:1, Drawing Name,Date and Time BORE:, AU NMEN� BORE LAT. 33' -5 .3463' toNO. * 118' 24.5497' BMH AT 2nd STREET LAT. 33' 51.285' ,LONG. 118' 23.912 200 METERS 600 FEET N TER .STRAND WALL • 17 BORE , ENTRY ANGLE 1 10m Er" 1/111 PROPOSED: IPE PROFILE RE ... . — 20m — 30m — 40m — 50m 1. CABLE P00200 4 ARE APPROXIMATE 1,140 ARE BASED ON ROUTE POSMCN UST (RP1.1 REVISION 5. MARRY 23, 2002 P110410E0 BY TYCO TELECOMMUNICATIONS. 2. 0050ETIC 200R0401E5 IJIE BASED ON WES 54 MMM. 3. BATNYIIETRY CONTOURS ME GIVEN IN &ETERS MEM MUM BASED ON NAW 50. 4. BOIMIETMY NFORABT 14 PROADEO BY 2001000 SURVEYS INYERNA2 NAL. INC. . MID nom WEST. NAC., DECEMBER 2000 AND AMORY 2001. Vico Telecommunications PREPARED FOR RECORD AMMO TOR ORSEC RNR MOM OM MORIENSOW 5r w.ur N evemm • Commv.. P.A. WOMO M& I MI: NAY Nof OM= MOWN Ma M URS VM MN OF tan PROPRIETAR la PIAIP1111I A CWA1M MACMb 1+200 1+100 1+000 0+900 0+800 0+700 0+600 0+500 0+400 0+300 0+200 0+100 0+000 ORNERSNP: UNE COOL CABLE ClIk SCALE: AS 110110) TGN TRANSPACIFIC HERMOSA BEACH, CA SHORE END OPERATIONS SHORE END INSTALLATION 15m PLAN ANO PROFILE TGN-712 • Appendix B Bore Staging Diagram g'A`''';'tt'Tlkr • • TI" BEZMOS: 0. PREM./MY ISSUE 2/13/02 1. BORE STAGING AREA LAYOUT SHOWN 5 FOR INFORMATION PURPOSES ONLY. 2. MINIMAL ADO1I1O40AL STORAGE AREA 1.111 BE REQUIRED AT ANOTHER • LOCATION FOR STORAGE Or PIPE. FUEL LUEIRICANTS, ARO OTHER MISCELLANEOUS SUPPUES. Arca Telecommunkations PREPARED FOR RECORD APPROVED FOR OUTSIDE PLANT OonaKOt DATE MORTENSOW How.. • C061 AMV. "t"' WI YE OR ORECI WY. 40 MC I AY • PAY 111:061.1:0 DOWD 411. Of Mt RAIS Or PROPRIETARY us/ ?WSW. 7o ocm•Ave Ammon.. SPECIFICATiON ESTIMATE OWNERSHIP: LINE COM CABLE 01111 SCALE: 0, 5' LO' TGN TRANSPACIFIC HERMOSA BEACH, CA SHORE ENO OPERATIONS SNORE ENO INSTALLATION BORE STAGING PtAN TGN —7 1 3 S Appendix C Fluid Monitoring Plan S Nyco Telecommunications Transpacific Fiber Optic Cable and Hermosa Beach Landing Project DRAFT Drilling Fluid Release Monitoring Plan For Horizontal Directional Drilling Prepared By Brungardt Honomichl & Company, P.A. March 27, 2002 TABLE OF CONTENTS 1 Introduction 1 2 Purpose of the Plan 2 3 Training . 4 4 Monitoring of HDD Operations 5 4.1 Overview of Release Monitoring Program 5 4.2 Equipment 8 5 Release Monitoring and Operating Conditions 11 5.1 Overview of HDD Operating conditions 11 5.2 Monitoring Conditions 12 6 Release Monitoring and Operating Scenarios 14 6.1 Condition 1: Routine Monitoring 14 6.2 Condition 2: Loss of Normal. Expected Returns OR Complete Loss of Returns Beyond 1000 Feet Off Shore 15 6.3 Condition 3: Detection of Dye: No Drilling Fluid Release Detected 17 6.4 Condition 4: Surface Release of Drilling Fluid 20 Appendix A — Glossary of Abbreviations & Definition of Terms Appendix B - Material Safety Data Sheets for Lost Circulation Materials 1 INTRODUCTION This Drilling Fluid Release Monitoring Plan (Plan) is being prepared for the Tyco Telecommunications Transpacific Fiber Optic Cable Installation and Hermosa Beach Landing project. Specifically, this Plan will apply to the horizontal directional drilling (HDD), also known as directional boring, process that will take place at the Hermosa Beach, California landing site. Tyco Telecommunications will be installing two bore pipes from their cable station, located near Hermosa Beach, out into the Pacific ocean. The HDD operation will take place within the city street right of way at 2nd street. Drilling will occur only during daylight hours. The HDD Contractor has not yet been sellected. The HDD Contractor will incorporate the measures presented in this Plan into their work plan. The equipment to be used in the HDD operation includes generally: HDD rig, power unit, control cab, mud pump, wire control system, backhoe, crane, and other miscellaneous support supplies and equipment. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 1 2 PURPOSE OF THE PLAN The purpose of this Plan is to establish monitoring and response criteria that will minimize the potential for environmental effects of the HDD operation. The HDD operation uses drilling fluid to facilitate the drilling of a borehole and installation of the bore pipes. The drilling fluid mixture typically consists of water and bentonite clay for fresh water mixtures and attapulgite clay for salt water mixtures. In some cases inert, non-toxic loss circulation materials (LCMs) are added to the mixture. These materials include cotton dust, cotton seed hulls, wood fiber, M-1 mica and cedar fiber. Specific information on all of these materials is presented in the Appendix of this Plan. The fluid is composed of naturally occurring clay and water. The clay is insoluble and made up of small particles that function as both a lubricant for the drill head and pipe and a sealant that fills the pore spaces surrounding the drill hole. Geologic conditions at the site have been investigated in detail and found to consist of weakly to moderately consolidated sedimentary deposits, which are conducive to this type of operation and for which the use of clay -based drilling fluid is appropriate. With the HDD operation proposed, most or all of the drilling fluids will be absorbed by the formation or be returned to the bore site. However, it is possible that drilling fluids may reach the surface during the drilling operation. Any fluid that is released can be considerably diluted relative to the original mixture, because the overlying sand and sediments will act as a filter which retains the insoluble clay within the seabed, whereas the water that makes up the fluid will continue to diffuse outward. The boring process utilizes the use of drilling fluid to run the drill motor to cut through the earth material, to seal off fractures in the formation and to lubricate the bore pipe during installation. The drilling fluid is pumped down the inside of the bore pipe and exits through the drill head. The fluid can then return to the drill site through the space between the outside of the drill pipe and the ground. The fluid returning to the bore site is called "returns". At the beginning of the bore, a large percentage of the drilling fluid returns to the drill site. As the bore progresses, more of the returns are absorbed by the earth or rock formation and are not returned to the drill site. Asthe bore proceeds, returns are expected to gradually decrease until a point where .a complete loss of returns will occur. This loss will occur because of the porosity of the substrate and gravity and friction overtaking the; ability of the fluid to return to the bore site. It is common to not have any drilling fluid return to the bore site during the majority of a bore without any release of the fluid to the surface. The drilling fluid is usually absorbed by the formation or is drawn down into fractures. It is important to understand that a complete loss of returns, is a fairly normal occurrence during HDD that does not necessarily mean the drilling fluid is coming to the surface or impacting the marine environment. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 2 A complete and sudden loss of returns is a signal both to the driller and the monitor that something more significant may be occurring and to watch closely for a possible surface release. This Plan uses the loss of returns or pressure, the use of a tracing dye and visual indications to trigger response and mitigation actions. A loss of drilling fluid could be as much as the loss of the entire volume of a bore hole, which would be roughly 3,000 gallons of water and 770 pounds of clay. However, a release of this type and volume of material in the shallow waters off of Hermosa Beach would not be expected to have any significant effects on water quality or marine organisms due to the characteristics of the clay and the rapid dispersion by waves and currents of any clay suspension that does emerge at the surface of the seabed. A key to controlling a loss of fluids that may reach the surface and limiting a release into waters of the State, including the ocean, is early detection and quick response by the Contractor. This Plan will identify the activities to be monitored and appropriate response actions to be taken to ensure that any release of clay or LCM materials is minimized. The Plan outlines a process of monitoring the drilling fluid in order to identify a loss -of -returns situation and to determine if there is a release to the surface. Specific measures to be taken to reduce the amount and likelihood of surfacing drilling fluid, and other actions to be taken, are included. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 3 3 TRAINING Prior to the commencement of construction, the Contractor's and engineer's personnel will attend a training session on-site. The training session will be conducted by Tyco Telecommunications and their representatives and will cover the following topics: • the details of this Plan, • the need for environmental protection, • environmental resources located at or near the site, • specific permitting conditions and requirements, • the need to monitor the HDD operation, • lines of communication, • lines of authority and responsibility, • the information the Contractor will need to provide to the HDD monitor and engineering site representative, • contact names and phone numbers of the appropriate individuals and agencies, and • events that need to be reported and to whom. The Contractor will provide an overview of the drilling operation in their work plan. The training session will ensure that Contractor personnel recognize the authority of the agency on-site representative to stop drilling. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 4 4 Monitoring of HDD Operations 4.1 Overview of Release Monitoring Program The objective of the release monitoring program is to quickly identify a release to the surface of drilling fluids and determine the size, extent and location of the release. Multiple data acquisition techniques were considered to accomplish this objective; these are: • Fluorometery: A fluorescent dye (rhodamine WT) will be added to the drilling fluid mix once drilling reaches the point at which the drill head is directly beneath the high tide line. A standard flow-through fluorometer will then be used to detect the presence of dye diffusing off any bentonite drilling fluids released to the environment. Since dye can be detected in the parts per trillion range, very little is needed in order to mark the site of release; the natural ocean currents will spread the dye out into a plume which can easily be traced. • Side Scan Sonar: The use of side scan sonar and other acoustic profiling devices was considered for use in assisting the detection of a release. However, based on past experience and the anticipated sea conditions, side scan sonar or acoustic profiling would not be successful because it is not expected that a release of bentonite on the bottom would accumulate to the point that it would be detectable by sonar. Wave conditions also create safety, navigation, and calibration problems that would limit the effectiveness of a shallow water sonar operation. Side scan sonar is therefore not proposed for use. As a result of wave action, fine sediments (silts and clays such as bentonite) do not accumulate on the bottom in shallow water. Shallow bottom topography is unstable as sandbars and ripples will form, erode, and migrate over time in response to changes in the swell. • Visual: Visual inspections will be conducted from shore, boat and by divers using an underwater video system to document the presence of a release of bentonite drilling fluids on the seafloor. • Sediment Sampling: Grab samples would be taken in areas of suspected bentonite release on the seafloor. • Aerial Reconnaissance: Visual inspections from the air will be conducted if weather or sea conditions do not allow visual inspections from a boat. The method to be used will depend upon the work zone where the drill head is located and sea or weather conditions. The three basic work zones which exist at this project site are: (1) the land portion of the drill from the rig to the mean high water mark, (2) the surf zone portion of the drill which is the area from the mean high water mark to breaking waves, and finally (3) the open water portion Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 5 from the edge of the surf zone out to the end of the bore, where vessel operation is not limited by water depth or typical surf conditions. Weather and sea conditions are expected to follow three basic patterns: (1) clear with small to moderate swells, (2) clear with moderate to high swells, and (3) stormy with high to moderate swells. Drilling conditions and monitoring results will be reported continuously to the on- site agency monitor so that the agency monitor can provide notification to the agencies in compliance with their requirements. All incidents in which a release to the surface of drilling materials or dye (see below) has been detected shall be reported promptly to the agency on-site monitor, who will be responsible in turn for reporting all incidents to the agencies (the City of Hermosa Beach, CCC, and SWRCB). 4.1.1 Monitoring "Decision Making Team" (DMT) In order to increase communication on site and facilitate proper decision-making, a Decision -Making Team (DMT) will be established. The Decision -Making Team will be made up of the Contractor's superintendent, Tyco Telecommunications's on-site representative(s), and the agency on-site representative. Their purpose will be to make decisions concerning the continuation of drilling operations given certain conditions. The agency on-site representative has final authority for all decisions, acting with the advice of the other participants who will provide information relevant to the decision. Primarily when weather conditions preclude the use of specified measures for monitoring for a release of drilling fluid, the agency on-site representative will determine whether or not the drilling will proceed. The specific times when the DMT will be involved are explained in the release monitoring sections of this document (Section 5). The agency's on-site representative will act as agreed to in advance with the agencies represented. The agency on-site representative will have the sole responsibility and authority of determining if drilling operations may continue, and of determining if further agency involvement is necessary. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 6 4.1.2 Monitoring Along the Land Portion of the Directional Drill On the land portion of the drill, visual inspection of the drill route through the beach will be used to look for evidence that drilling fluid has surfaced. The field team will keep track of the drill head position and will focus their visual inspection in this immediate area and in sensitive habitats such as the intertidal zone. 4.1.3 Monitoring in the Surf Zone In the near shore surf zone, where boating may be precarious, the field team will continue to utilize a portable fluorometer and grab water samples to determine if any drilling fluids have been released to the seafloor. By sampling down current of the drill route, the field team will be detecting dye transported from drilling fluids that have become entrained in the turbulent flow of the surf. Fluorometry will be in place so that sampling can begin as soon as the drill head is directly beneath the high tide line. For shoreline sampling, samples will be carried from the shore line to the fluorometer, which will be kept in a van or portable shelter. In the event of strong coastal storms, or when the surf conditions preclude the use of boats (see below), this same shoreline fluorometric monitoring will be used to detectthe release of materials after the drill head is beyond the surf zone. If conditions preclude the use of boats, the agency representative shall stop drilling unless it can be shown that shore -based dye monitoring operations, coupled with aerial surveillance, can effectively monitor for a release. 4.1.4 Monitoring in the Open Waters Boat monitoring is proposed to begin when the drill head reaches a point 1,000 feet beyond the high tide line. In the open waters the monitoring equipment and manpower will consist of a monitoring platform (survey vessel capable of operating under moderate weather conditions and equipped with a differential global positioning system), a first level detection system, consisting of remote sensing hardware, (fluorometry), and a second level inspection system consisting of scuba divers using an underwater video system. This arrangement should provide the greatest operating range for the monitoring crew and the quickest method for detection. Additional description of the equipment and monitoring operation is provided in section 4.2 below. The survey vessel and navigation system will operate in daylight hours, concurrent with the drilling operation, under all safe weather conditions, up to U.S. Coast Guard Small Craft Warnings, whenever drilling activities are on-going. The first level of detection, remote sensing, will be operational within the same envelope. The second monitoring level, diver -controlled video, has an operational envelope of up to about 3 -foot seas. The diver -controlled video will be utilized, within the safety envelope, to confirm any anomalies detected by the Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 7 remote sensing hardware. It is important to note that the ship's captain has the final responsibility of determining the safe sea conditions. 4.2 Equipment • Survey Vessel • Fathometer • Digital Recording Fluorometer • Rhodamine WT Dye • Diver -Controlled Underwater Video Camera • Grab Sampler 4.2.1 Survey Vessel, Positioning and Navigation Data collection will be conducted aboard a survey vessel. Vessel positioning will be accomplished using a differential GPS system interfaced with navigation computer software. The system will provide reliable, high -precision positioning and navigation for a wide variety of operations and environments. During monitoring operations, the survey vessel will be piloted along predetermined track lines, along and to either side of the drill route. 4.2.2 Fluorometry To be able to detect the presence of bentonite drilling fluid released to the ocean, the drilling fluids will be marked with a soluble fluorescent dye tracer. Rhodamine WT, a biodegradable, fluorescent tracer that is extremely soluble in water and detectable in very small concentrations (less than 0.1 parts per billion) will be utilized for this project. The dye is supplied as a 20 percent aqueous solution. The dye will be mixed with the drilling fluid by the drilling crew to approximately 5,000 ppb. The drilling crew will visually monitor the dye concentration entering the borehole as well as returning to ensure it will be able to be detected by the remote sensing equipment. It has been shown in laboratory tests and in several prior drilling projects that the dye will solubilize from a drilling mud mixture made according to driller specifications. The released dye will be detectable using fluorometric techniques. The dye is also visible to the eye. Based on direct information from other bore sites in the State, the fluorescent tracer is highly visible when mixed into the drilling fluid. The dye turns the drilling fluid a light to medium pink color. However, it is not expected that the dye will be. highly visible to the naked eye if it should surface in the ocean. The ocean turbulence will dilute the dye to the point where it is not easily seen visually, but will be detectable by the equipment. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 8 Dye concentrations in the water column will be monitored using a fluorometer probe system linked to a laptop computer. Since the fluorescence of dye varies with sample temperature, the water sample temperature will be recorded with the fluorescence data. These temperature data are used during real time processing to correct the dye concentration data for temperature variations. The fluorometer system installed aboard the survey vessel will monitor dye concentrations from near bottom to near surface by manually raising and lowering the sensor. The initial dye concentration of the fully mixed drilling fluids will be approximately 5000 parts per billion. Based on recent tests, it is expected that solubilized dye concentrations in the water just over released drilling fluids will be in the range of 10 to 50 ppb. Dye concentrations will be used to assist in location of the release point prior to visual confirmation by following the dye concentration gradient to its maximum point. Pre- and post -survey calibrations of the fluorometer will be conducted using standard solutions prepared with dye drawn from the same lot as used for the study. This will insure the maximum dynamic range of sensitivity for this project. Calibration solutions will be prepared employing Class A glassware as established by the National Bureau of Standards. 4.2.3 Diver -Controlled Underwater Video Underwater video imaging will be collected using a diver -controlled video camera appropriate for shallow -water documentation; e.g., to about 40 foot depths. The video camera will provide real-time observations of the seabed and underwater environment which will be recorded on VCR videotape. A time record on the videotape will allow direct comparison with navigational positions of the survey vessel, which will "live boat" at a safe distance from a surface buoy marking the diver positions. The camera will be used to document the features of a suspected area of drilling fluid release. The divers will descend to the bottom on the buoy down line and perform a circle search of approximately 25 feet. In addition to video documentation, the divers will collect seabed samples and assess bottom features. Should a release occur, the divers will conduct the cleanup operation using a specially configured filter bag and lift system (portable suction dredge) to remove any significant quantities of bentonite from the seafloor. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 9 4.2.4 Benthic Sampling Sampling will be employed to confirm the fluorometry data by using a grab sampler. Bottom coring, employing a grab sampler deployed from the survey vessel or four -inch diameter plastic tubes operated by divers, will be used to collect samples of surficial sediments. Whichever the deployment methodology, the corer will be inserted into the bottom, a sample collected, and returned to the surface. Upon recovery, the samples will be measured, described and photographed, if bentonite is detected. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 10 5 RELEASE MONITORING AND OPERATING CONDITIONS 5.1 Overview of HDD Operating Conditions Geotechnical investigations were conducted at the bore site on land. These investigations show favorable drilling conditions. However, the porosity and composition of the subsurface soils, the specific HDD technique and past experience indicate that a high possibility that loss of returns will occur. This loss of returns does not mean that a release of drill fluid will occur. Rather, it indicates that the existing sediment formations are absorbing the material and that the drilling pressures being used are not strong enough to force the drilling fluid back to the drill site. The bedding arrangement of this type of near shore zone typically has a high ability to absorb the bentonite drilling fluids into the existing formation, keeping the material underground and away from the surface. The following general parameters will be incorporated during the drilling process. 1. Maintain adequate cover between the drill path and surface during the bore, except at entry and exit. 2. Adjust the thickness of the bentonite mixture to match the substrate conditions. 3. Closely monitor drilling pressures and penetration rates so use of mud pressure will be optimum to penetrate the formation. 4. When loss of circulation occurs, very little time will be spent trying to regain returns once under the sea floor. The data from geotechnical reports at this site indicate that loss of returns is highly likely if not inevitable, but the ability of the formation to absorb the bentonite and still make it possible to perform the drilling is very good. Spending time trying to regain returns at a specific location may result in over pressurizing at a single point thus resulting in bentonite migration to the surface; i.e., frac- out. The directional bore activities have been designed to avoid and otherwise minimize the potential for impact to sensitive areas. Additional protocols to be employed at the site include but are not limited to: • Conducting on-site briefings for the work crew to identify the location of sensitive resources at the site. • Ensuring that all field personnel understand their responsibility for timely reporting of frac-out releases. • Maintaining necessary response equipment on-site or at a readily available location and in good working order. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 11 51 Monitoring Conditions The environmental monitoring field team will conduct monitoring operations in accordance with the following schedule of activities: The following table presents the operational measures and monitoring measures to be implemented given certain conditions and events. Table 5.2 Operational and Monitoring Measures Con- dition Status of Drilling Returns Dye Detected Drilling Fluid Release Detected Operational Measures to be Implemented Monitoring Operations9 1 Normal expected drilling fluid returns'0 No No Standard drilling procedures - Spot visual inspection of bore path over land. - Beyond water line fluorometry readings will commence from shore. - Beyond 1,000' off shore, fluorometry readings by vessel will commence. 2 Loss of normal expected drilling fluid returnst0 No No The Contractor will take appropriate measures to attempt to restore retums. These may include: - Modifying drilling fluid properties' - Modifying pressure and volume 2 - Advance or retreat bore pipe 3 - Introduce LCMs according to manufacturer's instructions' . - Spot visual inspection of bore path over land. - Between water line and 1000' off shore, fluorometry readings will commence from shore. Plan A 5 - Beyond 1,000' off shore, fluorometry readings by vessel will commence. Plan B 6 Stop work unless the agency on-site representative, in consultation with the decision-making team 7' 8 agrees that drilling could continue. • Low altitude fly -over in an airplane at intervals determined to be adequate by the decision-makin. team. 3 Normal expected drilling fluid returns t0 Yes No The Contractor will attempt to determine if a drilling fluid release is occurring. If so, Condition 4 operational measures will be implemented. Additionally, the Contractor will take appropriate measures to attempt to prevent a possible drilling fluid release. These may include: - Modifying drilling fluid properties 1 - Modifying pressure and volume 2 - Advance or retreat the bore pipe 3 - Introduce LCMs according to manufacturer's instructions ° Fluorometer readings have detected a dye release. Plan A 5 - Continue fluorometer readings from shore. - Beyond 1,000' off shore, fluorometry readings by vessel will continue. - Initiate grab sampling of ocean floor sediments. - Commence in -water survey including diver surveys and video. - Conduct shoreline survey for wash-up of drilling fluid. Plan B 6 Stop work unless the agency on-site representative, in consultation with the decision-making team 7.8 agrees that drilling could continue. • Low altitude fly -over in an airplane at intervals determined to be adequate by the decision-making team. Tyco Telecommunications Transpacific Fiber Optic Cable installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 12 Con- dition Status of Drilling Returns Dye Detected Drilling Fluid Release Detected Operational Measures to be Implemented Monitoring Operations5 4 Loss of normal drilling fluid returns.t0 Yes/No Yes Work will temporarily cease to locate and quantify the release as described in the monitoring operation. The Contractor will take appropriate measures to attempt to reduce or eliminate the release. These may include: - Modifying drilling fluid properties' - Modifying pressure and volume 2 - Advance or retreat bore pipe 3 " Introduce LCMs according to manufacturer's instructions4 - Determine the location and extent of the drilling fluid release. Plan A 5 Continue with monitoring method that detected the release and: - Continue fluorometer readings from shore. - Beyond 1,000' off shore, fluorometry readings by vessel will continue. - Initiate grab sampling of ocean floor sediments. - Commence in -water survey including diver surveys. - Conduct shoreline survey for wash-up of drilling fluid. Plan B 6 Stop work unless the agency on-site representative, in consultation with the decision-making team 7' 6 agrees that drilling could continue. • Low altitude fly -over in an airplane at intervals determined to be adequate by the decision-making team. General Notes: • Dye will be injected for each pipe once the drill head reaches the mean high tide level. • Safety for boat operation based on Beaufort scale and sea state condition with decision to launch left with vessel captain. Footnotes to Table: 1. Drilling fluid properties include viscosity and gel strength. The viscosity will typically range between 60 and 70 seconds viscosity. Adjustments may be to modify them to between 40 and 90 seconds viscosity. 2. Drilling fluid pressures may reach 1,500 psi. These pressures are required in order to drive the drill head that will be used. Typical fluid volumes could reach several hundred gallons per minute. 3. It may be desirable to advance or retract the bore pipe to try and regain returns or reduce fluid Toss. 4. The manufacturer of each LCM specifies the best methods of using the material. The Contractor will follow the manufacturer's recommendations when using LCMs. 5. Plan A: Plan A describes the measures that will be taken if weather conditions allow 6. Plan B: Plan B describes the altemative measures that will be undertaken if weather conditions do not allow Plan A measures to be implemented. Once Plan A cannot beimplemented, work will be stopped unless the agency's on-site representative determines that the work should continue. The decision will be based on the current drilling conditions and potential for a release of drilling fluid. 6. An on-site decision-making team (DMT) will be established and will include representatives from TYCO TELECOMMUNICATIONS, the engineer, the Contractor, the environmental consultant and the agency's on-site representative. 7. The agency's on-site representative, a member of the decision-making team, will have the ultimate authority over continuing or ceasing drilling operations. The representative will consider the drilling conditions, the weather conditions and the possibility of environmental impact in their decision. 8. The agency's on-site representative will have the authority to stop drilling operations if they determine that conditions preclude effective monitoring. 9. It is expected that a certain amount of drilling fluid will be lost into the formation and at a point, lost altogether. It is expected that all retums will be lost within 500 to 600 feet of each bore. When the loss of retums reaches 30% and when it reaches 100%, the agencies will be notified by the agency's on-site representative. 10. Grab samples from the shore will be obtained by wading into the water, if possible, or by casting the container beyond the wash zone to collect the sample. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 13 6 RELEASE MONITORING AND OPERATING SCENARIOS 6.1 Condition 1: Routine Monitoring Routine monitoring will apply when the drilling operations are proceeding within expected parameters. The routine monitoring will be conducted by the monitoring team consisting of a monitor provided by Tyco Telecommunications' representative and an on-site agency representative. The Contractor and Tyco Telecommunications monitor will be responsible for supplying information to the agency's independent representative on-site. Using the information provided, the status of the drilling operation will be determined. The agency on-site representative will inform both the Contractor and the field data collectors of the condition of the drilling operation. This information will also be recorded in logs. 6.1.1 Operational Measures to be Implemented The Contractor shall supply the following information to the monitoring team at the completion of each joint of pipe: • Position of the drilling head relative to the drilling point of entry. • Recording of the total volume of drilling fluid that has been pumped during the drilling operaton. • Comparison of the current total volume of drilling fluid used and the estimated current total volume of returns. • Equipment breakdowns and repairs. • Any abnormal drilling fluid pressure at the time of occurrence. • The type and quantity of drilling fluid components and dye being used. 6.1.2 Release Monitoring During normal drilling conditions, the type of monitoring necessary will depend on the location of the drill head. Periodic visual inspection along the bore path of the terrestrial portion of the alignment will take place throughout the bore operation. As the bore head advances. beyond the waterline a tracer dye will be added to the drilling fluid and, periodic fluorometry readings will commence. These readings will be taken by grab samples from the beach at a minimum rate of once per hour or more frequently if returns or pressure data warrant it. If a release of drilling fluid or dye is detected, then the monitoring operations for Condition 3 or 4 will apply. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 14 6.2 Condition 2: Loss of Normal Expected Returns OR Complete Loss of Returns Beyond 1000 Feet Off Shore 6.2.1 Operations Program Loss of circulation or drilling fluid returns is expected: It is expected that the return of drilling fluid will end at some point along each bore. Geophysical information collected at the site indicates that the sediment geomorphology has the capacity to absorb Targe amounts of added material. Because a majority of the drilling operation will take place under Condition 2 status, the following sequence of operations will be put in place: • The Contractor will notify the DMT (decision-making team) of the Toss of returns. • Drilling will cease at the direction of the agency on-site representative if agreed upon monitoring cannot be implemented. • Drilling will also cease if conditions indicate that other actions need to be taken in order to allow the Contractor to take those actions. • Because it is expected that there will be a complete loss of circulation at a point in each bore, the Contractor will spend very little time trying to regain returns once 450 feet to 550 feet of pipe has been installed. • The Contractor, in consultation with the engineer and the monitoring team, will determine the appropriate actions to be taken. The Contractor's rationale of implementing the particular.measures will be communicated to the DMT. The measures that may be used include the following: 1) Modifying Drilling Fluid Properties: The Contractor may determine that modification of the drilling fluid properties will aid in restoring the circulation. These modifications can take place in the form of altering the viscosity or gel strength of the drilling fluid. a) Viscosity: Viscosity of the drilling fluid may be adjusted up or down depending on the subsurface formation and materials encountered and other drilling conditions. Typical viscosity will range from 60 to 70 seconds viscosity as measured with a standard Marsh Funnel. Viscosity may be adjusted to ranges from 40 to .90 seconds viscosity in an effort to restore returns. b) Gel Strength: The gel strength of the drilling fluid refers to the shear strength of the fluid as it sets. This characteristic can be modified slightly up or down depending on the drilling conditions in an effort to restore returns. 2) Advance or Retreat Bore Pipe: If returns are lost, the Contractor may elect to advance or retreat the bore pipe in an effort to restore returns. 3) Introduce LCMs: LCM introduction into the drilling fluid may be desirable at this point. The possibility of success using LCMs to restore returns will depend on the drilling and subsurface conditions at the time. If used, the LCMs will be used according to the manufacturer's recommendations. The supplier of each LCM has Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 15 determined the most appropriate implementation technique for the material. The Contractor will carefully follow the supplier's recommendations to give the LCMs the best chance for success. • If returns are recovered, drilling will continue under Condition 1 status. However, the Contractor will proceed with the drilling operation even after failing to recover returns unless drilling is stopped by the agency on-site representative. Spending time trying to regain returns at a specific location may result in over pressurizing at a single point thus causing drilling fluid migration to the surface. • Ifbentonite drilling fluid is detected being released to the surface, Condition 4 operations will take effect. 6.2.2 Release Monitoring Upon notification of loss of returns the monitoring team will elevate to Condition 2 status and prepare for fluid release monitoring. Normal monitoring using visual inspection and fluorometer from the shore will continue as described in Condition 1 until the drill head moves beyond 1000 feet off shore. Beyond 1000 feet, monitoring at Condition 2 status events will depend on sea and weather conditions. Either Plan A or Plan B will be used according to weather and sea conditions. The agency on-site representative will have the authority to stop drilling operations if they determine that conditions preclude effective monitoring. Plan A Monitoring Plan A will be implemented unless sea or weather conditions prohibit its implementation. Sea conditions are expected to allow Plan A to be implemented on most occasions. The sea conditions that restrict the use of the particular monitoring activity are given earlier in this document. Once the drill head moves beyond 1000 feet off shore and weather and sea conditions permit, the monitoring team will activate the in -water survey team who will begin using the remote sensing equipment near the location of the head of the drill. Concurrently, the diver video team will be prepared for use. If the tracer _dye is detected by the remote sensing equipment, the status will be elevated to Condition 3. The DMT will be notified of the detection and the appropriate agency notifications will take place. If the survey vessel is unsuccessful in locating or detecting the presence of dye or drilling fluid, and circulation has been re-established by the driller, the status will return to Condition 1. If a loss of circulation continues and does not cause a detectable release of drilling fluid or dye, the survey vessel will widen its search to outside the drill head location. A pass will be made on each side of the drill alignment. A log of Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 16 all monitoring and drilling operations shall be kept by the DMT and shall be available for review by regulatory agencies at all times. Estimated quantities of drilling fluid used when loss of circulation occurs shall be recorded If a release of bentonite drilling fluid is detected, the status will be elevated to Condition 4. The agency on-site representative will have the authority to stop drilling operations if they determine that conditions preclude effective monitoring. 6.2.2.2 Plan B Monitoring Plan B monitoring will be used when sea and weather conditions do not allow Plan A to be implemented. If Plan A monitoring cannot be carried out, drilling will stop unless the agency on-site representative, in consultation with the decision- making team, agrees that drilling may continue. The decision-making team (DMT) will assess the current drilling conditions and situation to determine if additional measures should be implemented. The DMT will discuss potential actions including continuing or stopping work. They will consider the weather conditions, the current drilling conditions, the location of the bore head, the potential for significant environmental effects from a release, and the predicted weather patterns in their decision-making process. The agency's on-site representative will determine if further approval from the agency is necessary at this point. Plan B monitoring may include low altitude aerial reconnaissance by a small airplane. Radio communications between the monitor in the aircraft and the ground crews will allow real time communications. The monitor will visually inspect the bore alignment to look for any indications of dye or drilling fluid release. The shallow water depths, from 0 meters at the shoreline to 15 meters at the bore exit point, will allow the monitor to detect a drilling fluid release through visual inspection. The aerial reconnaissance will continue at intervals determined by the decision-making team to be adequate. If a drilling fluid release is observed, the status will be elevated to Condition 4. 6.3 Condition 3: Detection of Dye: No Drilling Fluid Release Detected This condition will apply when the tracer dye is detected by a fluorometer but there is no immediate evidence or observation of a release of the drilling fluid. If a drilling fluid release is detected at the same time the dye is detected, the status will be elevated to Condition 4. 6.3.1 Operations Program Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 17 • The DMT will meet to discuss the likelihood of a drilling fluid release. • Enhanced monitoring will commence (see section 6.3.2). • Drilling will cease if ordered to do so by the agency on-site representative or when the Contractor deems it advisable. • The Contractor, in consultation with the DMT will determine the appropriate actions to be taken. The Contractor's rationale of implementing the particular measures will be communicated to the DMT. The measures that may be used include the following: 1) Modifying Drilling Fluid Properties. The Contractor may determine that modification of the drilling fluid properties will aid in restoring the circulation and help make sure no release of drilling fluid occurs. These modifications can take place in the form of altering the viscosity or gel strength of the drilling fluid. a. Viscosity: Viscosity of the drilling fluid may be adjusted up or down depending on the subsurface formation and materials encountered and other drilling conditions. Typical viscosity will range from 60 to 70 seconds viscosity as measured with a standard Marsh Funnel. Viscosity may be adjusted to ranges from 40 to 90 seconds viscosity in an effort to.restore returns. b. Gel Strength: The gel strength of the drilling fluid refers to the shear strength of the fluid as it sets. This characteristic can be modified slightly up or down depending on the drilling conditions in an effort to restore returns. 2) Advance or Retreat Bore Pipe: If returns are lost, the Contractor may elect to advance or retreat the bore pipe in an effort to restore returns. 3) Introduce LCMs: LCM introduction into the drilling fluid may be desirable at this point. The possibility of success using LCMs to restore returns will depend on the drilling and subsurface conditions at the time. If used, the LCMs will be used according to the manufacturer's recommendations. The supplier of each LCM has determined the most appropriate implementation technique for the material. The Contractor will carefully follow the supplier's. recommendations to give the LCMs the best chance for success. • During any drilling shut -down period, the Contractor will be permitted to circulate drilling fluid on a two-hour cycle for a period of approximately 15 minutes to prevent the drilling equipment and pipe from seizing. • If Plan A or Plan B monitoring (discussed later in this section) do not detect a drilling fluid release, drilling will continue. If Plan A or Plan B cannot be implemented, the continuation of drilling will depend on the decisions made by the decision-making team (described in Plan C later in this section). Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 18 If the dye has been detected, but circulation has not been lost, and no drilling fluid release is detected, drilling will continue. 6.3.2 Release Monitoring Upon notification of the detection of the dye, the monitoring team will elevate to Condition 3 status and prepare for fluid release monitoring. Normal monitoring using visual inspection and fluorometer will continue as described in Conditions 1 and 2. Monitoring of Condition 3 status events will depend on sea and weather conditions. This section is separated into Plan A and Plan B. 6.3.2.1 Plan A Monitoring Plan A will be implemented unless sea or weather conditions prohibit the implementation. Sea conditions are expected to allow Plan A to be implemented on most occasions but not all. The sea conditions that restrict the use of the particular monitoring activity are given earlier in this document. Once the dye is detected and weather and sea conditions permit, the monitoring team will activate the in -water survey team who will mark the location of the head of the drill with a surface buoy and begin using the remote sensing equipment. Fluorometry measurements will continue in order to track the concentration gradient of dye back to the areas of the source of the release on the bottom. Bottom sediments in the area of suspected release will be sampled with a grab sampler deployed from the same vessel. Samples will be retrieved and inspected onboard the vessel to determine whether drilling fluid is present. Samples will continue to be taken in this manner until either the presence of drilling fluid in the sediments is confirmed, or dye is no longer detectable in the water column. Divers will be deployed to search fora point of release on the seafloor. Their dives will be documented by video. If their initial search fails to detect a bentonite release, the divers will make subsequent searches as long as the dye continues to be detected. The DMT will be notified of the detection and the appropriate agency notifications will take place. If the survey vessel does not locate or detect the presence of dye or drilling fluid and the dye ceases to be detected, the status will return to Condition 1 or 2 as appropriate. If the detection of the dye continues and there is no detectable release of drilling fluid, the survey vessel and/or divers will widen their search to outside the drill Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 19 head location. A pass will be made on each side of the drill alignment. A log of all monitoring and drilling operations shall be kept by the monitoring team and shall be available for review by regulatory agencies at all times. Estimated quantities of drilling fluid used when loss of circulation occurs shall be recorded. If a release of bentonite drilling fluid is detected, the status will be elevated to Condition 4. 6.3.2.2 Plan B Monitoring Plan B monitoring will be used when sea and weather conditions do not allow Plan A to be implemented. If Plan A monitoring cannot be carried out, drilling will stop unless the agency on-site representative, in consultation with the decision- making team agrees that drilling may continue. The decision-making team (DMT) will asses the current drilling conditions and situation and to determine if additional measures should be implemented. The DMT will discuss potential actions including continuing or stopping work. They will consider the weather conditions, the current drilling conditions, the location of the. bore head, the potential for significant environmental effects from a release and the predicted weather patterns in their decision making process. The agency's on-site representative will determine if further approval from the agency is necessary at this point. Plan B monitoring may include low altitude aerial reconnaissance by a small airplane. Radio communications between the monitor in the aircraft and the ground crews will allow real time communications. The monitor will visually inspect the bore alignment to look for any indications of dye or drilling fluid release. The shallow water depths, from 0 meters at the shoreline to 10 meters at the bore exit point, will allow the monitor to detect a drilling fluid release through visual inspection. The aerial reconnaissance will continue at intervals determined by the decision-making team to be adequate. If a drilling fluid release is observed, the status will be elevated to Condition 4. 6.4 Surface Release of Drilling Fluid This section applies in the case where the bentonite drilling fluid is detected on the ocean floor. 6.4.1 Operations Program • Drilling will cease for a minimum of 2 hours to determine the actions need to be taken and to take those actions. • The Contractor, in consultation with the DMT will determine the appropriate actions to be taken. The Contractor's rationale of implementing the Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 20 particular measures will be communicated to the DMT. The measures that may be used include the following: 1) Modifying Drilling Fluid Properties. The Contractor may determine that modification of the drilling fluid properties aid in restoring the circulation. These modifications can take place in the form of altering the viscosity or gel strength of the drilling fluid. 2) Viscosity: Viscosity of the drilling fluid may be adjusted up or down depending on the subsurface formation and materials encountered and other drilling conditions. Typical viscosity will range from 60 to 70 seconds viscosity as measured with a standard Marsh Funnel. Viscosity may be adjusted to ranges from 40 to 90 seconds viscosity in an effort to restore returns. 3) Gel Strength: The gel strength of the drilling fluid refers to the shear strength of the fluid as it sets. This characteristic can be modified slightly up or down depending on the drilling conditions in an effort to restore returns. 4) Advance or Retreat Bore Pipe: If returns are lost, the Contractor may elect to advance or retreat the bore pipe in an effort to restore returns. 5) Introduce LCMs: LCM introduction into the drilling fluid may be desirable at this point. The possibility of success using LCMs to restore returns will depend on the drilling and subsurface conditions at the time. If used, the LCMs will be used according to the manufacturer's recommendations. The supplier of each LCM has determined the most appropriate implementation technique for the material. The Contractor will carefully follow the supplier's recommendations to give the LCMs the best chance for success. • During any drilling shut -down period, the Contractor will be permitted to circulate drilling fluid on a two-hour cycle for a period of approximately 15 minutes to prevent the drilling equipment and pipe from seizing. • Following consultation with the agency's on-site representative, drilling will resume. If Plan A or Plan B monitoring (discussed later in this section) do not detect a drilling fluid release, drilling will continue. If Plan A or Plan B cannot be implemented, the continuation of drilling will depend on the decisions made by the decision-making team • If the release has not stopped, drilling will cease again, the measures will be reapplied as necessary, and the steps above will be taken in consultation with the DMT. 6.4.2 Release Monitoring Upon detection of the release of drilling fluid, the status will elevate to Condition 4. The monitoring method that detected the release will be continued, weather and sea conditions permitting. This section is separated into Plan A and Plan B. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 29 6.4.2.1 Plan A Monitoring Plan A will be implemented unless sea or weather conditions prohibit the implementation. Sea conditions are expected to allow Plan A to be implemented on most occasions but not all. The sea conditions that restrict the use of the particular monitoring activity are given earlier in this document. Once the drilling fluid is detected and weather and sea conditions permit, the monitoring team will activate the in -water survey team who will mark the location of the head of the drill with a surface buoy and begin using the remote sensing equipment. Fluorometry measurements will continue in order to track the concentration gradient of dye back to the areas of the source of the release on the bottom. Grab sampling of the bottom sediments and diver video survey will continue as initiated during Condition 3 to determine the location, extent, and dispersion of drilling fluid, and whether the release is continuing. This information will be used by the DMT to determine the appropriate course of action. All monitoring team members will be notified of the detection and the appropriate agency notifications will take place. Monitoring of the release will continue in this manner until the release ceases or the DMT identifies an alternative course of action that is appropriate under the circumstances. 6.4.2.2 Plan B Monitoring Plan B monitoring will be used when sea and weather conditions do not allow Plan A to be implemented. If Plan A monitoring cannot be carried out, drilling will stop unless the agency on-site representative, in consultation with the decision- making team agrees that drilling may continue. The Decision Making Team (DMT) will asses the current drilling conditions and situation and to determine if additional measures should be implemented. The DMT will discuss potential actions including continuing or stopping work. They will consider the weather conditions, the current drilling conditions, the location of the bore head, the potential for significant environmental effects from a release and the predicted weather patterns in their decision making process. The agency's on-site representative will determine if further approval from the agencies is necessary at this point. Plan B monitoring may include low altitude aerial reconnaissance by a small airplane. Radio communications between the monitor in the aircraft and the ground crews will allow real time communications. The monitor will visually inspect the bore alignment to look for any indications of dye or drilling fluid release. The shallow water depths, from 0 meters at the shoreline to 10 meters at the bore exit point, will allow the monitor to detect a drilling fluid release through visual inspection. The aerial reconnaissance will continue at intervals determined by the decision-making team to be adequate. If a drilling fluid release is observed, the status will be elevated to Condition 4. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 22 6.4.3 Cleanup Response The cleanup activity that can be undertaken will depend on the sea and weather conditions at the time. Immediately following detection of a drilling fluid release the following actions will be taken: • The cleanup crew will be notified and the dive team will be mobilized to the project site. Mobilization is expected to take less that four hours. • Intensive monitoring of the release area by the survey vessel shall be implemented. The following is a description of the work covered in this section and the materials and equipment to be utilized. Divers equipped with specialized water lifts (pumps) and filter bags will be used to remove the discharged bentonite drilling fluid from the sea floor. The drivers, using remote hoses, will vacuum up the material pumping it through extremely fine mesh filter bags that will trap the clay -sized particles. Each bag will be recovered onto a diving support vessel, brought to shore and disposed of at an approved offsite location. In the event a bentonite release occurs on land, the release will be immediately contained with a silt fence or hay bales. The drilling fluid will be transferred manually or by pump back to the drill site for reuse or into a storage tank and removed from the site. The divers shall maintain records of the quantity of drilling fluid removed, the transferal of the material to a disposal facility and the daily status of cleanup operations. The Contractor shall be responsible for disposing of the vacuumed material and waste drilling fluids according to the local, state and federal regulations. Records or manifests of the disposal shall be furnished to the agencies upon completion of the work. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 23 APPENDIX A Glossary of Abbreviations and Definition of Terms Abbreviations General: DMT — Decision Making Team HDD — horizontal directional drilling LCMs — loss circulation materials. See Appendix for material safety data sheets (MSDS). Companies & Agencies: CCC — California Coastal Commission SWRCB — State Water Resources Control Board Definition of Terms For the purpose of this Plan, the following definition of terms shall apply. Returns: Returns are the cuttings and drilling fluid that return to the HDD entry pit from the bore hole. Loss of Returns: A loss of returns refers to the condition when no drilling fluid and cuttings are returning to the HDD entry pit. Release: When the drilling fluid is released to the surface of the ground or ocean floor. Drilling fluid that remains subterranean are not considered to be released. Decision Making Team: An on-site decision making team consisting of a representative from Tyco Telecommunications, the HDD contractor and a the on- site agency representative. Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 24 APPENDIX B MATERIAL SAFETY DATA SHEETS (MSDS) For Loss Circulation Materials (note: The MSDS attached are typical to those used in HDD operations. Other similar products may be used. MSDS for any LCM's used will be available on site.) Tyco Telecommunications Transpacific Fiber Optic Cable Installation And Hermosa Beach Landing Project Drilling Fluid Release Monitoring Plan March 27, 2002 Page 25 10112 - CEDAR FIBER MATERIAL SAFETY DATA SHEET CEDAR FIBER 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION TRADE NAME: CHEMICAL. CLASS: APPLICATIONS: EMERGENCY TELEPHONE: SUPPLIER: TELEPHONE: FAX: CONTACT PERSON: CEDAR FIBER Cellulose material Oil well drilling fluid additive. Lost circulation material. 281-561-1600 Supplied by a Business Unit of M-1 L.L.C. P.O. Box 42842, Houston. Texas 77242-2842 See cover sheet for local supplier. 281-561-1509 281.561-7240 Sam Hoskin 2. COMPOSITION, INFORMATION ON INGREDIENTS INGREDIENT NAME: Particulate* Not Otherwise Classifi- ed (PNOC) CAS No» CONTENTS: EPA RQ:. 60-100'% TPO: 3. HAZARDS IDENTIFICATION. EMERGENCY OVERVIEW: CAUTION! MAY CAUSE EYE, SKIN AND RESPIRATORY TRACT IRRITATION. Avoid contact with eyes, skin and clothing. Avoid breathing airborne product Keep container closed. Use whh adequate ventilation Wash thoroughly after handling. This product is a/an brown fibrous mttteriaL No significant immediate hazards for emergency response personnel arc known. May form explosive dust -air mlxuues. ACUTE EFFECTS: HEALTH HAZARDS, GENERAL: Particulates may cause mechanical imitation to the eyes. nose, throat and lungs. Particulate inhalation may lead to pulmonary fibrosis, chronic bronchitis, emphysema and bronchial asthma. Dermatitis and asthma may rtsuk from shon contact periods. INHALATION: May be irritating to the respiratory tract if inhaled, INGESTION: May cause gastric distress, nausea and vomiting if ingested. SKIN; May be irritating to the skin. EYES: May be irritating to tbo ryes. CHRONIC EFFECTS: 1/6 10112 - CEDAR FIBER CARCINOGENICITY: IARC: Not listed. OSHA: Not regulated. NT?: Not listed, ROUTE OF ENTRY: Inhalation, Skin and/or eye contact. TARGET ORGANS: Respiratory system, lungs. Skin. Eyes. 4. FIRST AID MEASURES GENERAL: Persons seeking medical anention should carry a copy of this MSDS with them. INHALATION: Move the exposed person to fresh air at ones:. Perform artificial respiration if breathing has stopped. Get medical attention. INGESTION: Drink a couple of gasses water or milk. Do not give victim anything to drink of he is unconscious. Get medical attention. SKIN: Wash skin thoroughly with soap and water. Remove contaminated clothing. Get medical attention if any discomfort continues. EYES: Promptly wash eyes with lots of water while lining the eye lids. Continue to rinse for at least 15 minute, Get medical attention if any discomfort continues. 5. FIRE FIGHTING MEASURES AUTO IGNITION TEMP. (•F); N/D FLAMMABILITY LIMIT - LOWER(%j: N/D FLAMMABILITY LIMIT - UPPER(%) N/D EXTINGUISHING MEDIA: Carbon dioxide (CO2). Dry chemicals. Foam. Water spray, fog or mist SPECIAL FIRE FIGHTING PROCEDURES: No specific fire fighting procedure given. UNUSUAL FIRE & EXPLOSION HAZARDS: Dust In high concentrations may form explosive mixtures with air. HAZARDOUS COMBUSTION PRODUCTS: Irritating gases/vapors/fumes.Oxides of Carbon. 6. ACCIDENTAL RELEASE MEASURES PERSONAL PRECAUTIONS: Wear proper personal protective equipment (sec MSDS Section g). SPILL CLEAN-UP PROCEDURES: Avoid generating and spruding of dust. Shovel into dry container. Coverand move the containers. Flush the area with water. Do not contaminate drainage or waterways. Repackage or recycle if possible. 7. HANDUNG AND STORAGE 2/6 • • • • 10112 • CEDAR FIBER HANDLING PRECAUTIONS: Avoid handling causing generation of dust. Were full protective clothing for prolonged exposure and/or high concentrations. Eye wash and emergency shower must be available at the work place. Wash hands often and change clothing when needed. Provide good ventilation. Mechanical ventilation or local exhaust ventilation Ls required. STORAGE PRECAUTIONS: Stare at moderate tempttaturss in dry, welt ventilated arra. Keep in original container. 8. EXPOSURE CONTROLS, PERSONAL PROTECTION INGREDIENT NAME Particulates Not Otherwise Classic• ed (PNOC) PROTECTIVE EQUIPMENT: OSHA PEL: ACGIH TLV: OTHER: CAS No.: TWA: STEL: TWA: STEL: TWA: STEL: UNITS: 15 10 teal dust ENGINEERING CONTROLS: Use appropriate engineering controls such as. exhaust ventilation and process enclosure. to reduce air contamination and keep worker exposure below the applicable limits. Supply natural or mechanical ventilation adequate to t:xhaust airborne product and keep exposures below the applicable limits. RESPIRATORS: Use at karst ra NIOSH -approved N95 half -mask disposable or reusable particulate respirator. In work environments conteiniog oil mist/aerosol use at least a NIOSH approved P95 half -mask disposable or reuseable particulate respirator. VENTILATION: PROTECTIVE GLOVES: Use suitable prolective gloves if risk of skin contact EYE PROTECTION: Wear dust resistant safely Boggles whiz* (here is danger of eye contact. PROTECTIVE CLOTHING: Wear appropriate clothing to invent repeated or prolonged skin contact HYGIENIC WORK PRACTICES: Wash promptly with soap and water if skin beeom¢s contaminated. Change work clothing daily if then: is any poibitity ofconntmi»ation. 9. PHYSICAL AND CHEMICAL PROPERTIES APPEARANCE/PHYSICAL STATE: COLOR: ODOR: SOLUBILITY DESCRIPTION: DENSITY/SPECIFIC GRAVITY (g/m1): BULK DENSITY: VAPOR DENSITY (alrai): VAPOR PRESSURE: pH.VALUE, DILUTED SOLUTION: Powder, dust. Brown. Characteristic. Insoluble in water. 0.60 TEMPERATURE (•F): 68 301 kg/m3 N/D N/D TEMPERATURE ('P): N/A CONCENTRATION (%.M): 101 t2 • CEDAR FI ER 10. STABILITY AND REACTIVITY STABILITY: Normally stable. CONDITIONS TO AVOID: Avoid heat. HAZARDOUS POLYMERIZATION: Win not polymerize. POLYMERIZATION DESCRIPTION: Not relevant. MATERIALS TO AVOID: Strong oxidizing agents. HAZARDOUS DECOMPOSITION PRODUCTS: No specific hazardous decomposition products noted. 11. TOXICOLOGICAL INFORMATION TOXICOLOGICAL INFORMATION: No toxicological data is available for this product. 12. ECOLOGICAL INFORMATION ECOLOGICAL INFORMATION: No ecological information is available for this product. 13. DISPOSAL CONSIDERATIONS WASTE MANAGEMENT: This product does not mcct the criteria of a haaardous waste ifdisearded in its purchased form. Under RCRA. It is the responsibility of the user of the product to determine at the time of disposal, whether the product meets RCRA erhtria for hazardous waste. This is because product uscs, transformations, mixtures. processes. etc. may render ih Mulling material.: hazardous. Empty containers retain residues. All labeled precautions must be observed. DISPOSAL METHODS: Recover and reclaim or recycle, if practical. Should this product became a waste. dispose of in a permitted Industrial landfill. Ensure that containers are anpot by RCRA criteria priori° disposal in a permitted industrial landfill. 14. TRANSPORT INFORMATION GENERAL: U.S. DOT: U.S. DOT CLASS: CANADIAN TRANSPORT: TDGR CLASS: RQ=NLA Not regulated Not regulated. 4/6 10112 - CEDAR FIBER SEA TRANSPORT: IMDG CLASS: AIR TRANSPORT: ICAO CLASS: Not regulated Not regulated. 16. REGULATORY INFORMATION REGULATORY STATUS OF INGREDIENTS: CAS No: NAME: Particulates Not Otherwise Claseifs- cd (PNOC) US FEDERAL REGULATIONS: WASTE CLASSIFICATION: REGULATORY STATUS: STATE REGULATIONS: STATE REGULATORY STATUS: CANADIAN REGULATIONS: REGULATORY STATUS; TSCA: CERCI -A: SARA 302: SARA 373: DSL(CAN): N/A N/A N/A NIA N/A Not a hazardous waste by U.S. RCRA criteria. See Section 13. This Product or its components, if a mixture, is subject to following regulations (Not meant to ba all inclusive • selected regulations tcpresented): SECTION 313: This s product does not contain toxic chemical subject to the reporting requirements of Section 313 of Title 1tI ottbe Superfund Amendment and Reauthorization Act of 1956 and 40 CFR Pan 372. SARA 311 Categories: 1: bnmediate (Acute) Health Effects. . The components ofthis product are listed on or are exempt from the following iaternationol chemical registries: TSCA (U.S.) This product or its components. if a mixture, is subject to tbllowirtg regulations (Not meant to be all inclusive • selected regulations represented):. None, This Material Safety Data Sheet has been prepared in compliance with tate Controled Product Regulations. Canadian WHMIS Classification Not a Controlled Product. '(s. OTHER INFORMATION NPCA HMIS HAZARD INDEX: FLAMMABILITY: REACTIVITY: NPCA HMIS PERS. PROTECT. INDEX: USER NOTES: 1 Slight Hazard l Slight Hazard OMinimal Hazard E - Safety Glasses, Gloves, Dust Respirator N/A .= Not applicable WO .= Not determined S!6 10112 - CEDAR FIBER INFORMATION SOURCES: OSHA Permissible Exposure Limits, 29 CFR 1910, Subpart 2, Section 1910.1000, Air Contaminants. ACGIH Threshold Limit Values and Biological Exposure Indices for Chemical Substances and Physical Agents (latest edition). Sax's Dangerous Properties of Industrial MaterialS. 9th ed.. Lewis, R.J. Sr., (ed.), VN R. New York, New York, (1997). Product information provided by the commercial vendor(s). PREPARED BY: Sam Hoskin REVISION NoJRepl. MSDS of: 1 /July 27, 1995 MSDS STATUS: Approved. DATE: May 1, 1998 DISCLAIMER: soma of this dant ore obtained from sources MSDS furnished irdepoldtart of product sale. While every Nicer has been made to accurately deserlbo this product beyond our direct supervision. We cannot make any asscrdons era to its reliability or caonletcaess; therefore, uses may rely on It only at user's risk. We have made no can to stunt or doncen{ deleterious aspeen of this product. Sipco sus cannot anticipate or control the condniions under which this inlbrmailnn and product may be used, we make no guarantee that the precautions we have suggested will be adequate for all individuals and/or 'hoodoos. h 1s the obligation of each user of this product to comply with the requircmcn s of an applicable laws regurdiing use and disposal of this product. Additional inlbrma lion will be furnished upon request to assist the uses: however, no warranty. either expressed or implied, nor liability of any nature with respect to this product a to the data herein is made or incurred hereunder. 616 L00 a 16Z7ii 'MATT ?trTww A rruvrr TTLtn M - It.t-c. 3930 North Course Drive, Houston, TX 77072 TRANSPORTATION & MATERIAL SAFETY DATA SHEET TRADE NAME : POLYSEAL HMIS HAZARD RATING :. HEALTH FLAMMABILITY REACTIvrrY PERSONAL PROTECTION swam=a::ca======C- 0 0 EMERGENCY TELEPHONE NUMBERS (281) 561-1800 (281) 561-1300 DAY OR NIGHT ==O=o_=C_--���-��--- .CC7QCaC1G-.00w�CC mac PREAMBLE M -I t.t c• is pleased to furnish this data at your request independent of any sale of the product. While every eflbrt has boat made to accurately describe this produts and associated millsifeittdiOISS, some of tho data arc obtained from the open titenturo. independent laboratory studies, or other sources beyond our direct supervision. We cannot make any uti rtI0tt as to the reliability or completeness-. theretbre. the Usor may roily thereon only in Users risk. We have made rho effon to , sor nor In cpnccal delcrorious aspects of this produet. Since we cannot epdc ptae or conaol the many different conditions under which this infbrmotion and our products may be used, we make no guarantee that the health and ealbty precautions we have suggested will be ndequttte for ell individuals and/or situations. Likewh. e, we make- nu guarantee or warnmty of any kind that the u o or diapoeul of this product is in compliance with all federal, slate or local laws. it is the Obligation of each User of this product to dctermInc and comply with the requirements ofall applicablestaaaa. M-1 will furnish. upon request, any additional information to assist the User. however. no warranty, either expressed or implied, nor liability of any nature with respy% to the product or to the data herein is made or incurred hereunder. COMMON NAME St :PRA ER PACK ACE. QUANTITY . USE MUG/ IT DESCRIPTION : CONTAINER SPECIFICATIONS : -===1"2. c- =a--- ====fir. ... r. 1. PRODUCT INFORMATION Mixed fibers and cellophane Manufactured ice M-1 Drilling Fluids 22.7 kg (50 Ib) Drilling fluid additive Oil well drilling auid additive Multiwat! paper bag meets DOT requiremonts (40 CFR 17$) CHEMICAL FORMULA CAS NUMBER UNIT OF ISSUE APPLICATION 2. HAZARDOUS INGREDIENTS (CMH 10O5)n manioc Kilogram (pound) Lost cireuhatioa ..rJ-r.---•--------- MATERIAL OR COMPONENT Conon Dust (Row) BOILING POINT (760 ram Hg) p11 (1% Soln.) SPECIFIC (H21) VAPOR VAPOR DENSITY (akl) PHYSICAL APPEARANCE MILK DENSITY (A)OSHA FEL V. (C) OTHER LIMITS RECOMMENDED -40 (A) I WS/m3 (I) Total weighted average n' ==-c-,raa = - N.A. N.A. . -X240.36 MA. Powder . •-14.I-16.211Ai (B) ACGIId TL V (8) 0.2 mgfm3 (2) 3. PHYSICAL DATA MELTING POINT VAPOR PRESSURE @ 20 deg C SOLUBILITY IN WATER@ 20 deg C EVAPORATION RATE (BUTYL ACETATE=1) FLASH POINT (method used) ODOR & COLOR . NO. : N.A. : Insoluble N.A. N.A. Woody/Brown ri=C=C-e ars----sass_____ ======•: a:<a�e = === PRODUCT IS STABLE? PRODUCT DECOMPOSES? PRODUCT POLYMERIZES? INCOMPATIBILITY N.D. 4. REACTIVITY DATA Ya No No AIR COLOR x ACID (SPECIFY) BASE WATER OXIDIZER x N.D. -Not Detcrminod N.A. - No Applicable - Less Thari ) - (beater Than C—Ceiling Limit Note: For additional it lbrmation and interpretive oedemata. sea Iastpago. Wage I of 5 5. FIRE AND EXPLOSION HAZARD INFORMATION FLAMMABLE LIMITS BY AJR%BYVOL. L.E.L.: N.D. U.E•L•: N.D. AUTO IGNITION TEMPERATURE.: N.D. PRQDUC'7 S EVOLVED WHEN SUBJECTED Upon combustiot material produeoa acrid vmkc and fumes. Oxides of mime may form. TO HEAT BY COMBUSTION EXTINGUISHING MEDIA Calton dime ' . • or foom chemictds water UNUSUAL FIRE FIGHTING PROCEDURES Normal tiro E tin procedreca may be used I.INI1St IAi. FIRE AND EXPLOSION HA?.AROS None known • PRIMARY EYE CONTACT: X ROUTES OF TARGET EXPOSURE ORGAN : Eye, %poor reseirtaory ayeran NTP: No IARC: No OSHA; Ns, Exccarnw exposure to dust may insult in !citation to eyes and tipper respiratory syr Sensitive individuals may develop allergic reaction. 6. HEALTH HAZARD EVORMATION SKIN CONTACT: SKIN ABSORPTION: INHALATION: X INGESTION: CARCINOGENCIIY ACUTE EFFECTS 1W EXPOSURE CI IRONIC EFFECTS 1.XPOSURE TOXICITY DATA EYES Subcutaneous Implants atmIIophune ham been shown to produco neoplasia in experimental animals. Collophmnc: Implant -Rat TDLo B mg/kg. Low Iovds deacon dust may be present: Dust may cause dismmibn. 7. EMERGENCY AND FIRST AID PROACEDURES Hcdd eyelid & upunt and Gush eyes with water for at lean IS minutes. Gel medical attention if Irritation petsistt SKIN Wash thoroughly with soap and water. Remove conraminatcd clotting. If irritation develops. seek medical onondon INGESTION Drink wtucr to dilulb_ Never give anything by mouth to an unconscious person Scok medico) anawon. INHALATION If reposed to high airborneconceigrationofproduct.ICmovototrashairandrectorsbreathing. Seek meth oal anemtion. OTHER INSTRUCTIONS Swisitive individuals should avoid further eanaY.e. If irritation persists. seek medical aittmtioa. Persons seeking medical mention should carry a copy of thio MSOS with theca RF'SPIRATORY VENTILATION a.. ^^'-.^^.^OCA —_==-• �.—_•_--==tt�_--see 8. OCCUPATIONAL CONTROL MEASURES Uso on approved NIOSH(MSHA respirator, Supply natural or =changed ventilation adequate to exhaust airborne product and keep exposures below applicable limits (tee MSDS See. Y) SKIN Wow cotton orrubber gtov t. EYES Wear dimwit law gIrasp. ( ER PROTECTIVE Ordinary metuxresof personal hygketo should be observid avoid contact with eyes, akin and - .. '.g and inhalation of eirboeno product. EQUIPMENT PRECAUTIONARY LABELING ,- SlwiT'^��'*'"•7�5-'.�"�R�'iT—_=1"_i4dMaiMitl[lalC----=L 9. SPECIAL PRECAUTIONS CALUTIONI MAY CAUSE EYE AND SKIN IRRITATION. Avoid contact with eyes and akin. Wash thoroughly alter handling PRECAUTIONS FOR TRANSPORTADON Store in dry puna Keep durst to n nlaimure. HANDLING AND STORAGE N.D. -Not Deiritmined N.A. - Not Applicable e• Lots Tema y • Greater Than C—firiling Limit Note: For additional is brmation and intorp us ive a5aimunet. sea its pngn —..T. POLYSEAL Page 2 of S 10. SPILL OR LEAK PROCEDURES STEPS TO BE TAKEN IF MATERIAL Contain spill Sweep into waste container. cif possible. Recycle or sell if possible. Wash residue with water. IS RELEASED OR SPILLED WASTE DISPOSAL METHOD Material is not classified es n hn¢erdous wane by RCRA 3tondards. Dispose according to spplieahIo sato and local n gulutions dealing with nonlizterdotet material. 11. U.S. GOVERNMENT & OTHER REGULATORY AGENCY CONTROLS REACTIVITY: SUDDEN RELEASOR OF PRESSURE; SARA TITLE III ACUTE: X CHRONIC: X FIRE: None 12. TRANSPORTATION INFORMATION A. DEPARTMENT OF TRANSPORTATION (DOT) CLASSIFIED AS HAZARDOUS MATERIAL ACCORDING TO DOT 40 CFR 172. No PROPER SHIPPING NAME : N.A. I IAZARD CLASS NA. IDENTIFICATION NO. : N.A. LABEL(S) REQUIRED : N.A. EXCEPTIONS da PACKAGING REQUIREMENTS (SEE SECTION) : N.A. MAXIMUM QUANTITY PASSENGER AIRCRAFT IN ONE PACKAGE CARGO AJRCRAPF NA, B. AIR TRANSPORT REGULATIONS (IATA J` ICAQZ PROPER SHIPPING NAME : N.A. HAZARD CLASS : NA.FLASH POINT ; N.A. deg F N.A. deg C MAXIMUMQUANTFFY PASSENGER AIRCRAN.A. PACKAGING (SEE SECTION) : N.A IN ONE PACKAGE CARGO AIRCRAFT : NSA. PACKAGING (SEE SECTION) : N.A. C. INTERNATIONAL MARITIME ORGANIZATION REGULATIONS (IMO1 UN NO.: N.A. PAGE NO. : NA. UN NO. N.A. SUBSTANCE NAME : N.A. IIMAM) CLASS : N.A. CLASS NO. . L.A&IL(S) : N.A. FLASH POINT : DESCRIPTION ; Oil well M04 0114 fluid additive (sodium cubonreethyl oelluloso) N.A. NA. dog F N.A. deg C -m=1,=====.. '�+��---dL•'-"^�C-`.•a��C��C�T.�•��-C7�tzaSaaaa�a=CSC.-=�RC�a=J-==•:• = References: (I) (2) 13, ADDITIONAL INFORMATION NIOSH. )985 Pocket Guido to Chemical Hazards ACG1H. 1988-89. 'Threshold limit values and Biological Exposure indicts. FOR ADDITIONAL. INFORMATION CONTACT : Manager. Environments! Affairs (281) 561-1507 Powered by : Su Duel I. Hoskin Ms Prepared • Revise& March 7. 1996 ..GHQ--`.-...�G-S �`��`•�i�----."�.C�-�--T.�..ICis:���..^�CC7Ctpa4it�-+.,.,-Qy:�ilesL"�Yr.xssa�Ass,�..��--ems ND. — Not Daamioed N.A. • Not Applicable <AnsaThan 2.- Causer C— Oa* Limit Note: For additional int/ma/len end Iatorpohive asaboall %sco last pogo, POLYSEAL Page 3 of 5 EXPLANATION OF THE TRANSPORTATION AND MATERIAL SAFETY DATA SHEET HMIS HAZARD INTERPRETATION Hazard Index 4 Severn Hamad 3 Serious Hazard 2 Moderate Hazard ! Slight Hazard 0 Minimal hazard - Degree of Health Hagar(' Tvoe of Possible Injury 4 L1ru.threatcniog, rmtior of germane dtaouge may result from single or matted exposures. 3 Major Mho likely unless prompt aeboa is taken and medical trcamsmt is given 2 Temporary or minor igiury may occur. I Irritation or minor ravasiblc injury possible. 0 No significant risk to health De.ree of Flammability Susceptibility nF Mateduls to Burning a Very flammable gam, very volatik Bommabte liquids, and materials that in the ibma of dusts or mars readily fora cxplodivc maraca when dispersed in air 3 Liquids ignitable under almost all normal annperuwre conditions. solids that bum rapidly, and any materials that ignite spontancoualy m normal temperatures in air. 2 Liquids which Aust be moderately hosted bora ignition will ecru and solids that reudUy give oft flammable vapors. Matoriaia thea mum be preheated beibie ignition am occur. 0 Malotials that will not burn. Decree of Reactivity Susceptibility to Reline aUtportri 4 Materials whit in thoimclven aro manly upabk of detonation or of explosive decomposition orexplosive reaction at normal temponuures and prcasm. 3 Materials which In thacnelvcs ase capable of detomaioa or of explosive do omposition or of explosive reaction but which require a strong initialing source or which must bo hated under confirm ant beim Motion. 2 Materials which in tltemaebcs MO llama y unstable sod readily undergo violcot chemical chmde but: do not detonate. Materials which in themselves art rowdy stable but which may become wood a at elevated temporal= and pressurm or which may react with water with some rckase of energy but not violently. U Materials which are normally stable cyan wain fire exposure condi am and which at. not rcnctive with water. Personal Prriteedon Index A Salty Glasses li oak" Olasacs. Cloves C Suety Glasses. Cfovas. SynthentApeun r) Falx Shield Graves, Syaidwtic Apron S Snag o; Glasses. Gloves, Dust Respinitor N Way Glasses, Gloves, Synlhotie Apron, Dust RespuratOr t; Safety Gasses, Gloves, Vapor Respirator H SpinOOh Goggles, Cleaves. Synthetic Apron. ViexaciPbutor I Sotbgr Glasses, Gloom, Combination Dun aid Vapor Respirator 1 Sptact Goggins, Gloves, Synthetic Apron, , Combi on Dust road Vapor Respirator K Airlino Hood or Mask, Gloves, Full Protective Suit. Boots x Situations Ring Specialized Handling Page 4 of 5 EXPLANATION OF THE TRANSPORTATION AND MATERIAL SAFETY DATA SHEET SECTION 2, HAZARDOUS INGREDIENTS For the purposes of this ibrt'n. a raateriad shall be da&and as breardous If it mons pay of one of the Ibllowirtg criteria (From OSHA 29 C7•R Pan 1910 Harard communication): (t) Toxicity — A toxic substance is one that has demonstrated the potential to: endanger human life by exposure via any rouse found in the workplace; pnndtrek shout. or long-tort discos° or bodily injury; affect health adversely; induce cancer or other ncoplastic effects in humans or experimental animals. induce a transmissible change in clutrocteristim of an offspring from those of its human or experimental animal parent or cause the production of physical defer( in the developing human or experimenul ealmal embryo. As required by OSHA, these subataiwes are identified if they are present in quantities greater than 1% or in the case n)' carcinogens, greater than 03%. or if d hazard is determined at a lower concoraradon, Toxic subgenera not regulated under OSHA 29 CFR 1910 but covered by other governmental regulations will be listed as required under any suite regulation or the following federal mutations: CRRCLNSuperfsnd40 CFR 117, Toxic Substance Control Am (TSCA), FIFRA pesticide registration. Resource Conservation and Recovery Act (RCRA), and the Federal Clean Air and Water Acts 40 �R 60.61 40 CFR 401 and 116. (2) Cotrosivo — As defined by OSHA is a *raked that causes visible diction o1, or irrovetribae alterations in, living tissue by chemical action at the site or contact. (3) irritant — As defused by OSHA ii u chemical which is not corrosive, but which causes a reversible inflammatory uilbet on living tissue by t hemicat action at the sire of OCIMELIt. (4) Sensitizer — As defined by OSHA is a chemical that causes a substantial proportion of exposed people or animals to devclop on allergic reaction in normal tissue after repeated exposure of the chemical. (5) Physical Hoards — As defined by OSHA. DOT, and RCRA: till be beard on the flamasthWty, con odivity, reactivity arndror explosive noun of the product as u whole, a annum, or individual ingredients as deo: mined to be the most moat lu ardous. SECTION 6. HEALTH HAZARD INPO.RMATION Primary Routes of Exposure. Should indicate ono or more possible pathwrfys by which substance may max the human body. Acute Fffoas of Exposure: Acute tract applice to Injuries which rapidly tbgow through dirtxt exposure to a hemdous manorial without implying dogma ofsoverity Chronic Efttcis of Exposure: Chronic effect applies to Wader which ate delayed and occur eller repeated or prolonged exposure to u bsonrdous maternd without implying degree of severity. Median Lethal Dose (LD50, LC50): Medium Lethal Dose (MID) relAat so the Lethal Dose fLD) ar Lethal Concentration (LC) of the material whirls will produce death in SO percent of the lest animals, Lor .0 is the single lowest reported dose that has proven to be feud in one individual. TOLD is the single lowest reported dose wisich has caused it specific tunic elfoa in an individual. SECTION 11. U.S, GOVERNMENT AND OTHER REGULATORY AGENCY CONTROLS Specifics if the use and aterkotiog of dm product is restricted by the lamed federal regulatory aeenoies or some and local regulations. 'this list is not intended us a comprehensive review of all regulations or concerned agencies; rather, it is a quick check of several major sgcncim or regulations. Page 5 of 5 10266 - M -I MICA MATERIAL SAFETY DATA SHEET M -I MICA 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION TRADE NAME: M -I MICA CHEMICAL CLASS: Naturally uccuring mineral. APPLICATIONS: Oil well drilling fluid additive. Lost circulation material. EMERGENCY TELEPHONE 281-561-1600 SUPPLIER Supplied by a Business Unit of M•1 LLC. P.O. Box 42841. Houston, Texas 77242-2842 Sce cover duct for local supplier. TELEPHONE: 281-561-1509 FAX: 281.561.7240 CONTACT PERSON: Sam No.skin 2. COMPOSITION, INFORMATION ON INGREDIENTS INGREDIENT NAME Weft. oaystalllnc, quartz Mica CAS No.: CONTENTS : EPA RO: TPQ: 14808.60.7 1-5 % 12001.26.2 60-100 % 3. HAZARDS IDENTIFICATION EMERGENCY OVERVIEW: CAUTIONI MAY CAUSE EYE, SKIN AND RESPIRATORY TRACT IRRITATION. Avoid contact with ryas, skin and clothing. Avoid breathing airborne product Kccp container closed. Usc with adequate ventilation. Wash thoroughly after This product is a/an gray powder. Slippery when wet. No significant immediate hazards for emergency response personnel are known, ACUTE EFFECTS: HEALTH HAZARDS, GENERAL: Particulates may cause mechanical irritation to the eyes, nose, throat and lungs. Particulate inhalation may lead to pulmonary fibrosis, chronic bronchitis. emphysema and bronchial asthma. Dermatitis and asthma may result from short contact periods INHALATION: May be Irritating to the respiratory tract if inhaled. INGESTION: May cause gastric disiross, nausea and vomiting if ingested SKIN: May be irritating to he skis. EYES: May be irritating to the eyes. CHRONIC EFFECTS: 116 10266 - Md MICA CARCINOGENICITY: IARC: Not listed. OSHA: Not regulated. NTP! Not listed. ATTENTION! CANCER HAZARD. CONTAINS CRYSTALLINE SILICA WHICH CAN CAUSE CANCER. Risk of cancer depends on duration and level of exposure. IARC Monographs, Vol. 68. 1997. concludes that there is sufficient evidence that inhaled crystalline silica in the form of quarts or cristoballtc from occupational sources causes cancer in humans. IARC classification Group I. ROUTE OF ENTRY: Inhalation. Skin and/or eye contact, TARGET ORGANS: Respiratory system, lungs. Skin. Eyes. 4. FIRST AID MEASURES GENERAL: Persons seeking medical attention should cony a copy ofthia MSDS with them. INHALATION: Move the exposed person to fresh air at once. Perform artificial respiration if breathing has stopped. Get medical attention, INGESTION: Drink a couple of glasses water or milk. Do not give victim anything to drink of he is unconscious. Get medical attention, SKIN: Wash skin thoroughly with soap and water. Remove contaminated clothing. Get medical attention if eny discomfort continues. EYES: Promptly wash eyes with lots of water while lifting the aye lids, Continue to rinse for at least II minutes. Gel medical attention if any discomfort continues. 5. FIRE FIGHTING MEASURES AUTO IGNITION TEMP. (V): N/D FLAMMABILITY LIMIT - LOWEi(%): N/D FLAMMABILITY LIMIT - UPPER(%): N/D EXTINGUISHING MEDIA: This material is not combustible. Use extinguishing media appropriate for surrounding fire. SPECIAL FIRE FIGHTING PROCEDURES: No specific fire fighting procedure given. UNUSUAL FIRE S EXPLOSION HAZARDS: No unusual fire ttr expiration hazards noted. HAZARDOUS COMBUSTION PRODUCTS: This material is not combustible. 6. ACCIDENTAL RELEASE MEASURES PERSONAL PRECAUTIONS: Wear proper personal protective equipment (see MSDS SccIon 8). SPILL CLEAN-UP PROCEDURES: Avoid generating and Spreading of dust. Shovel into dry containers. Cover and move the containers. Flush the area with water. Do not contaminate drainage or waterways, Repackage or recycle if possible. 2/6 10266 - M-! MICA 7. HANDLING AND STORAGE HANDLING PRECAUTIONS: Avoid handling causing generation of dust. Wcar tiiii protective clothing for prolonged exposure and/or high concenuations. Eye wash and emcxgmtcy shower must be available at the work place- Wash hands often and change clothing when needed. Provide good ventilation. Mechanical van:Haden or local exhaust ventilation is required. STORAGE PRECAUTIONS: Store at moderate temperatures in dry, well ventilated area. Keep in original container. 8. EXPOSURE CONTROLS, PERSONAL PROTECTION INGREDIENT NAME: Silica, crystalline. quartz Mica OSHA PEL: ACGIH TLV: OTHER: CAS No_: TWA: STEL: TWA: STEL: TWA: STEL: UNITS: 14808.60.7 • 0.1 rnglm3 rcsp,dusi 12001.26-2 20 3 mgrow3 mpper+ total dust INGREDIENT COMMENTS: • OSHA Pas for Mineral Dusts coruaining crystallin silica ate 10 mg/m3 / (%S10212) for quartz and 1/2 the calculated mum value for crisrobaiite and tridymite. • mppcf = millions of particles per cubic foot of air. PROTECTIVE EQUIPMENT: ENGINEERING CONTROLS: Use appropriate engineering controls Such as, exhaust vemiiation and process enclosure, to reduce air contamination wed keep worker exposure below the applicable limits. VENTILATION: Supply natural or mechanical ventilation adequate to exhaust airborne product and keep exposures below the applicable limits. RESPIRATORS: Use at least a NIOSH -approved N93 balemask disposable or reuseable particulate respirator. In work environments containing oil mist/aerosol use at least a NIOSH-aPprovod P95 half mask disposable or reusable parirculata respirator. For exposures exceeding 10 x PBL use a NIOSH-approvcd N 100 Particulate Respirator. PROTECTIVE GLOVES: Use suitable protective glove if risk of satin contact. EYE PROTECTION: Wear dust resistant safety goggles where there is danger of eyes COMM. PROTECTIVE CLOTHING: Wear appy clothing to prevent repeated or prolonged skin conmct. HYGIENIC WORK PRACTICE Wash promptly whit soap and water i f skin bei contaminated. Change work clothing dally if there is any passibility of contamination. 9. PHYSICAL AND CHEMICAL PROPERTIES APPEARANCEIPI4YSICAL STATE Powder. dust. 3/6 10266 - M.! MICA COLOR: Grey. ODOR: Odorless or no characteristic odor. SOLUBIUTY DESCRIPTION: Insoluble in water. DENSITY/SPECIFIC GRAVITY (gtml): 2.6-2.9 TEMPERATURE en: 68 BULK DENSITY: 1746kg/m3 VAPOR DENSITY (b1): N/A VAPOR PRESSURE: N/A TEMPERATURE (°F)_ 10. STABILITY AND REACTIVITY STABILITY: Normally stable. CONDITIONS TO AVOID: Not relevant. HAZARDOUS POLYMERIZATION: Will not polymerize. POLYMERIZATION DESCRIPTION: Not relevant. MATERIALS TO AVOID: No incompatible materials noted. HAZARDOUS DECOMPOSITION PRODUCTS: No specific hazardous decomposition products noted 11. TOXICOLOGICAL INFORMATION TOXICOLOGICAL INFORMATION: No toxicological data is avallabk fortis product. 12. ECOLOGICAL INFORMATION ECOLOGICAL INFORMATION: No ecological iaformetion is available lb( this product 13. DISPOSAL CONSIDERATIONS WASTE MANAGEMENT: This product does not meet the criteria of a hazardous waste if discarded in its purchased form. tinder RCRA, it is the responsibility adz user of the product m determine at the Omar disposal, whether the product mats RCAA criteria thr hazardous oust. This is because product uses, transformations, mixnacs, processes. etc, may render the resulting materials hazardous. Empty containers retain residues. Ml labeled precautions must be observed. DISPOSAL METHODS: Recover and reclaim or recycle, if practical. ShouLd this product become a waste. dispose of in apermiacd industrial landfill Ensure that containers ate empty by AMA criteria prior to disposal in a permitted industrial landfill. 4/6 10266 - M -I MICA 14. TRANSPORT INFORMATION GENERAL: U.S. DOT: U.S. DOT CLASS: CANADIAN TRANSPORT: TDOR CLASS: SEA TRANSPORT: IMDG CLASS: AIR TRANSPORT: ICAO CLASS: COQ= N/A Not regulated. Not regulated. Not regulated. Not regulated. 15. REGULATORY INFORMATION REGULATORY STATUS OF INGREDIENTS: NAME: CAS No: TSCA: CERCLA: SARA 302: SARA 313: DSL(CAN}: Silica, crystalline, quare 14808-60-7 Yes No No No Yes Mica 12001.26-2 Yes No No No Yes US FEDERAL REGULATIONS: WASTE CLASSIFICATION: Not a hazardous waste by U.S. RCRA criteria. See Section 13. REGULATORY STATUS: STATE REGULATIONS: STATE REGULATORY STATUS: CANADIAN REGULATIONS: LABELS FOR SUPPLY: This Product or its components, if a mixture, is subject to %slowing regulations (Not meant to be all inclusive - selected regulations represented): SECTION 313: This product does not contain toxic chemical subject to the reporting requirements of Section 313 of Title m of the Superfund Amendment find Reauthorization Act of 19/16 and 40 CFR Pan 372. SARA 311 Categories: I: Immediate (Aeute)Heal h Effects. 2. Delayed (Chronic) Health Effects. The components of this product ons listed on or are exempt from the following international chemical registries: TSCA (U.S.) This product or its components. ifs mhaure, is subject to following regulations (Not meant to be all inclusive • selected regulations tt presemcd):, Illinois RighttoKnow. Pennsylvania Right -to -Know. Ncw Jersey Rightto-Know. 516 10266 - M-1 MICA REGULATORY STATUS: , This Material Salm), Data Sheet has been prepared in compliance with the Conrroied Product Regulations. Canadian WHMIS Classification: DIA - Other Toxic Effects: Very Toxic Material 16. OTHER INFORMATION NPCA HMIS HAZARD INDEX: FLAMMABILITY: REACTIVITY: NPCA HMIS PERS. PROTECT. INDEX: USER NOTES: INFORMATION SOURCES: PREPAREO SY: REVISION NoJRepl. MSDS of: MSDS STATUS: DATE: May I,1998 • 1 Slight Hazard 0 Minimal Hazard 0 Minimal Haztud B - Safety Glasses, Gloves, Dust Respirator N/A r= Not applicable N/D = Not determined OSHA Permissible Exposure Limits, 29 CFR 1910, Subpar 2. Section 1910.1000, Air Contaminants, ACGIH Threshold Limit Values and Biological Exposure Indices for Chemical Substantxs and Physical Agents (latest edition) Sax's Dangerous Properties of Industrial Materials. 9th ed., Lewis, R.l. Sr., (cd.), VNR, New York, New York, (1997). IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Humans. Silica, Some Sllicatcs, Coal Dust, and par- Ararnid Fibrils, Vol. 68, World health Organization. Lyon. France, 1997. Sam Hoskin 1 / June 3, 1996 Approved. DISCLAIMER: MSC lbniiihed independent ofpioductsale. Whitt eveiy effort ha been made toaccurst* &sake this product some of the data aro obtained from sources beyond ow direct sup:rid:d a We COMM &lids any uscrdom as to as reliability err completes** the aibre, met may rely on k ody at user's risk, We have mads no oftlue m mum carceid deletes o4s aspectsofthis product. Since we carrot m►ddpuuts or control the conditions under which this information and product maybe used, we make no guarootee that dao promatono we havesungected will be Mamma ibr all individuals ander situation.. his the n61i ation of each user eras product to comply with the tsquiromcats ohs applicable laws resarreGng use and of this product Additional information will be Furnished upon agnea to mart the user: however, no warranty, outer expressed or implied, tar liability deny nature with respect to this product or to the dem heroin is made or Lturred hereunder. 6/6 ! • 10154. COTTON SEED HULLS MATERIAL SAFETY DATA SHEET COTTON SEED HULLS 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION TRADE NAME: CHEMICAL CLASS: APPLICATIONS: EMERGENCY TELEPHONE: SUPPLIER: TELEPHONE: FAX: CONTACT PERSON: COTTON SEED HULLS Cellulose materiel Oil well drilling fluid additive. Lost circulation material. 281-561.1600 Supplied by a Business Unit of M -I L.L.C. P.Q. Box 42842, Houston, Texas 77242-2842 See cover sheet for local supplier. 281-561-1509 281-561-7240 Sam Hoskin • Manager, Occupational Health 2. COMPOSITION, INFORMATION ON INGREDIENTS INGREDIENT NAME: Cotton dust (raw) Particulates Not Otherwise Classifi- ed (PNOC) 3. HAZARDS IDENTIFICATION CAS No.: CONTENTS : EPA RQ: 4-1% 99.100 % TPQ: EMERGENCY OVERVIEW: CAUTION! MAY CAUSE EYE, SKIN AND RESPIRATORY TRACT IRRITATION. Avoid contact with eyes, skin and clothing, Avoid breathing airborne product. Keep container cloyed. Use with adequate ventilation. Wash thoroughly after handling. This product is wan This product is a powder, May form explosive dust -air mixtures, Slippery when wet. A nuisance dust. ACUTE EFFECTS: HEALTH HAZARDS, GENERAL: Particulates may cause mechanical irritation to the eyes, nose, throat and lungs. Particulate inhalation may lead to pulmonary chronic bronchitis, emphysema and bronchial asthma. Dermatitis and asthma may result from contact periods. sh INHALATION: INGESTION: SKIN: EYES: May be irritating to the respiratory tract if inhaled. May cause gastric distress. nausea and vomiting if ingested May be irritating to the skin. May be irritating to the eyes. 1 / 6 10154 COTTON SEED HULLS CHRONIC EFFECTS: SENSITIZATION: Chronic exposure may cause an allergic response due to allergens or fungi on the dust. CARCINOGENICITY: IARC: Not listed. OSHA: Not regulated. NTP- Not listed. ROUTE OF ENTRY: inhalation. Skin and/or eye contact. TARGET ORGANS: Respiratory system, lungs. Skin. Eyes. 4. FIRST AID MEASURES GENERAL: Persons seeking medical attention should carry a copy of this MSDS with them. INHALATION: Move the exposed person to fresh air at once. Perform artificial respiration if breathing has stopped. Oct medical attention. INGESTION: Drink a couple of glasses water or milk. Do not give victim anything to drink of he is unconscious. Get medical attention. SKIN: Wash skin thoroughly with soap and water. Remove contaminated clothing. Get medical attention if any discomfort continues. EYES: Promptly wash eyes with lots of water while lifting the cyc lids. Continue to rinse for at least 15 minutes. Get medical attention if any discomfort continues. S. FIRE FIGHTING MEASURES AUTO IGNITION TEMP. (°F): N/D FLAMMABILITY LIMIT - L.OWER(%): Nit) FLAMMABILITY LIMIT - UPPER(%): N/D EXTINGUISHING MEDIA: Foam. Water spray. fog or mist SPECIAL FIRE FIGHTING PROCEDURES: No specific tire fighting procedure given. UNUSUAL- FIRE $ EXPLOSION HAZARDS: Dust in high concentrations may form explosive mixtures with air. HAZARDOUS COMBUSTION PRODUCTS: Irritating gascs/vapors/fumes. Oxides of: Carbon. B. ACCIDENTAL RELEASE MEASURES PERSONAL PRECAUTIONS: Wear proper personal proactive equipment (see MSDS Section S). SPILL CLEAN-UP PROCEDURES: Avoid generating and spreading of dust. Shovel into dry containers. Cover and move the containers. Flush the arca with water. Do not contaminate drainage orwaterways. Repackage or recycle if possible. 216 10154 - COTTON SEED HULLS 7. HANDLING AND STORAGE HANDLING PRECAUTIONS: Avoid handling causing generation of dust. Wear full protective clothing for prolonged exposure and/or high concentrations. Eye wash and emergency shower must be available at the work place. Wash hands often and change clothing when needed. Provide good ventilation. Mechanical ventilation or local exhaust ventilation is required. STORAGE PRECAUTIONS: Store at moderate temperatures in dry, well ventilated area. Keep in original container. I9. EXPOSURE CONTROLS, PERSONAL PROTECTION INGREDIENT NAME: Cotton dust (raw) PROTECTIVE EQUIPMENT: OSHA PEL: ACGJH TLV: OTHER: CAS No.: TWA: STEL: TWA: STEL: TWA: STEL: UNITS: 1 0.2 mg/m3 ENGINEERING CONTROLS: Use appropriate engineering controls such as, exhaust vcmilation and process enclosure, to reduce air contamination and keep worker exposure below the applicable limits. VENTILATION: Supply natural or mechanical ventilation adequate to exhaust airborne product and keep exposures below the applicable limits. RESPIRATORS: Use at least a NIOSH -approved N95 half -mask disposable or rcuseable particulate respirator. In work environments containing oil mist/aerosol use at least a NIOSH -approved P95 hclbmask disposable or retiseable particulate respirator. PROTECTIVE GLOVES: Use suitable protective gloves if risk of skin contact. EYE PROTECTION: Wear dust resistant safety goggles where there is danger of eye contact. PROTECTIVE CLOTHING: Wear appropriate clothing to prevent repeated or prolonged skin contact. HYGIENIC WORK PRACTICES: Wash protnpdy with soap and water if skin becomes contaminated. Change work clothing daily if there is any possibility of contamination. 9. PHYSICAL AND CHEMICAL PROPERTIES APPEARANCEIPHYSICAL STATE: COLOR: ODOR: SOLUBILITY DESCRIPTION: DENSITYISPECIFIC GRAVITY (glmll: BULK DENSITY: VAPOR DENSITY (aims): VAPOR PRESSURE: Powder, dust. Brown. Odorless or no characteristic odor. Insoluble in water. 0.24 TEMPERATURE (°P): 68 15 Ibltt3; 237 kgt113 N A TEMPERATURE (°f)1 316 10154 - COTTON SEED HULLS 10. STABILITY AND REACTIVITY STADILTTY: Normally stable. CONDITIONS TO AVOID: Avoid heat. HAZARDOUS POLYMERIZATION: Will not polymerize. POLYMERIZATION DESCRIPTION: Not relevant. MATERIALS TO AVOID: Strong oxidizing agents. HAZARDOUS DECOMPOSITION PRODUCTS: No specific hazardous decomposition products noted. 11. TOXICOLOGICAL INFORMATION TOXICOLOGICAL INFORMATION: No toxicological data is available for this product. 12. ECOLOGICAL INFORMATION ECOLOGICAL INFORMATION: Contact M-1 Environmental Affairs for ecological Information. 13. DISPOSAL CONSIDERATIONS WASTE MANAGEMENT This product does not meet the criteria of a hazardous waste if discarded in its purchased form. Under RCRA, it is the responsibility of the user of the product to determine at the time of disposal, whether the product meets RCRA criteria for hazardous smite. This is because product uses, transformations, mixtures, processes, etc. may render the resulting materials hazardous. Empty containers retain residues. All labeled precautions must be observed. DISPOSAL METHODS: Recover and reclaim or recycle, if practical. Should this product become s waste, dispose of in a permitted industrial landfill. Ensure that containers are empty by RCRA criteria prior to disposal in a permitted indunurial landfill. 14. TRANSPORT INFORMATION PRODUCT RQ: U.S. DOT: U.S. DOT CLASS: CANADIAN TRANSPORT: TDGR CLASS: N/A Not regulated. Not regulated 4/6 10154 COTTON SEED HULAS SEA TRANSPORT: IMDG CLASS: Not regulated. AIR TRANSPORT: ICAO CLASS: Not regulated. 15. REGULATORY INFORMATION REGULATORY STATUS OF INGREDIENTS: NAME: CAS No: TSCkCERCLA: SARA 302: SARA 313: DSL(CAN): Cotton dust (raw) N/A No Na No N/A Particulates Not Otherwise Class{fi- N/A NIA N/A N/A N/A ed (PNOC) US FEDERAL REGULATIONS: WASTE CLASSIFICATION: Nota hazardous waste by U.S. RCRA criteria. Sec Section 13. REGULATORY STATUS: STATE REGULATIONS: STATE REGULATORY STATUS: CANADIAN REGULATIONS: REGULATORY STATUS: This Product or its components, if a mixture, is subject to following regulations (Not meant to be all inclusive • selected regulations represented): SECTION 313: This product does not contain toxic chemical subject to the reporting requirements of Section 313 of Title RI of the Superfund Amendment and Reauthorization Act of 1986 and 40 CFR Part 372. SARA 311 Categories: 1: immediate. (Acute) Health Effects. 2. Delayed (Chronic) Hcalih Effects. The components of this product are listed on or are exempt from the following internatione) chemical registries: TSCA (U.S.) DSL (Cauda) This product ar its componerm, if a mixture, is subject to following regulations (Not meant to be all inclusive - selected regulations represuited):. Illinois Right -to -Know. Pennsylvania Right -to -Know. PROPOSITION 65: This product does not contain chemicals considered by the State of California's Safe Drinking Wider and Toxic Enforcement Act of 1986 as causing cancer or reproductive toxicity, and for which warnings are now required. This Material Safety Data Sheet has been prepared in compliance with the Connoted Product Regulations. Canadian WHMIS Classification: Nota Controlled Product. 16. OTHER INFORMATION NPCA HMIS HAZARD INDEX: • l Slight Hazard FLAMMABILITY: 1 Slight Hazard REACTIVITY: 0 Minimal Hazard 5/G 10154 - COTTON SEED HULLS NPCA HMIS PERS. PROTECT. INDEX: USER NOTES: INFORMATION SOURCES: PREPARED EY: E - Safety Glasses, Gloves, Dust Respirator N/A = Not applicable NM= Not determined OSHA Permissible Exposure Limits, 29 CPR 1910, Subpart Z. Section 1910.1000, Air Contaminants. ACGIH Threshold Limit Values and Biological Exposure Indices for Chemical Substances and Physical Agents (latest edition). Sox's Dangerous Proponics of Industrial Materials, 9th ed., Lewis, R.J. Sr., (ed.), VNR, New York, New York, (1997). Sam Hoskin/bb REVISION No.JRopl. MEDS of: I / March 1993 MSDS STATUS: DATE: January 4, 1999 Approved. DISCLAIMER: MSDS furnished independent of product sek While every a erthas been muds to acxmately describe this product, some of the dutu are obtained from sources beyond our direct supervision. We cannot make any assertions as to its reliability or completeness: therefor; user may rely on it only at users tisk. We have made no effort to censor or conceal deleterious aspects orchis product. Since we =not anticipate or control the conditiions under which this inlbrmeiion and product may be used, we make no guarantee that the precautions we have suggested will be adequate lbt a1I individuals and/or situations. It is the obligation of each user of this product to comply with the:equitanaus dell applicable laws regarding use and disposal of this product. Additional Jaen:iutiota will be furnished upon requast to assist the Wer, however, no wadtwty. dither expressed or implicit nor liability of any nature with respect to this product or to the date heroin is made or incurred hereunder. 6/6 M -I c.c.c. 5959 North Caurso Drive, Houston, TX 77072 TRANSPORTATION & MATERIAL SAFETY DATA SHEET -----===r- TRADE NAME : SAWDUST'_--- i IMUS I iAZARD RATING ; HEALTH FLAMMABILITY REACTIVITY PERSONAL PROTECTION 0 EMERGENCY TELEPHONE NUMBERS (281) 561-1600 (281) 561-1300 DAY OR NIGHT ........a PREAMBLE M -I t r is pleased to furnish this data at your request independent of any sale of the product, While every eflbrt has beets made to accurately describe this protluts and associated nhnni(stutionc, some of the data are obtained from the open Iitmature. Independent laboratory studies. or other sources beyond our direct supervision. we cannot make any asatrtioa us to the reliability or completeness: therefore, the Uses' may rely thereon only in tis is tisk. We !we made no .flea to censor nor in contrail decterim avpecrs of this product. Since we cannot anticipate or control the many different conditions under which this intbrmatfen and our products may be teed, we make no peewee that the health and safety precautions we have suggested will be adequate for all individuals andlor situations. Likewise. we make no guarantee or warranty of any kind that the use or d sposal of this product is in compliance with all ihde/ai, state or local haws. It is the ob/igation of each User of this product N dctcvminc and comply with the requirements of all applicable stamens. M4 will furnish. upon request, any additional information to assist the User; however, no wemurty, either exprew d or Implied, nor liability ofaoy nature with respect to the product ono the drab herein a mode err incurred hereunder. COMMON NAME • SUPPLIER PACKAGE QUANTITY ISE FREIGHT FREIGHT DESCRIPTION CONTAINER SPECIFICATIONS 1. PRODUCT INFORMATION Sawdust Manufiictured for M -I Drilling Fluids 22.7 kg (50 lb) Drilling fluid additive Oil well drilling fluid additive Muldwtdl paper bag mob DOT requiter -nuns (49 CFR 178) 2. HAZARDOUS INGREDIENTS MATERIAL OR COMPONENT CHP.MICAI. FORMUI.A • N.A. CAS NUMBER Multiple UNIT OF ISSUE . Kilogram (pound) APPLICATION : Lost circulation mutadal Wood dust, soft wood (A) OSHA PEI. I % (C) OTHER LIMITS RECOMMENDED (B) ACGII I TLY 100 (A) Not established (B) S mg/uc3 (1 i (C) AOGIH STEL,: lO mg/m3 (1) • -- —_—__ ..---•=5—=—====d=1,0111.1=== —=5--" dr..e.e:std-----=--WIC=_=3x_=s BOILING PONT (760 mm Hg) pH (l% Solo.) SPEC IF IC GRAV)T'Y (Il201) VAPOR DENSITY (sisal) PHYSICAL APPEARANCE BULK DENSITY N.A. N.A. N.D. N.A. Powder N.D. 3. PHYSICAL DATA MIXING POINT VAPOR PRESSURE @ 20 dog C SOLUBiU1Y IN WATER@ 20 degC EVAPORATION RATE (BUTYL ACETATE=1) FLASH POINT hushed used) ODOR & COLOR N.A. N.A Insoluble N.A. N.A. Odorless. white to yellow PRODUCT IS STABLE? PRODUCT DECOMPOSES? PRODUCT POLYMERIZES? INCOMPATIBILITY N.D. --- 4. REACTIVITY DATA Yes No No AIR COLOR — ACID (SPECIFY) BASE WATER OXIDIZER X NDD.- Notlactonrrincd NA - No Applicable <-LcssThee b.. avow Than C— Ceiling Limit Note: For additional intimation and intctprmivc satienmee, see last page. Paso I of 5 5. FIRE AND EXPLOSION HAZARD INFORMATION FLAMMABLE LIMITS BY AIR. %BY VOL. L.E.L.: N.D. U.E.L.: N.D. AUTO IGNITION TEMPERATURE: N.D. PRODUCTS EVOLVED WHEN SUBJECTED Upon combustion, material produces said smoke and fumes. Oxides of carbon rind possibly of other elements nosy TO HEAT BY COMBUSTION form. EXTINGUISHING MEDIA Carbon dioxide, dry chemical, Ibom and water spray or (b5 Ude water to cool Bre-exposed contamcrs. UNUSUAL FIRE FIGHTING PROCEDURES Normal fix fighting proccduros may bo used. Self contaiinod breathing epparadms may be requited in Inclosed amus. ONUS tJALFIRE AND EXPLOSION HAZARDS May form explosive dustermixtures Slippery whoa sod 6. HEALTH HAZARD INFORMATION PRIMARY EYE CONTACT: X SKIN CONTACT: X SKIN ABSORPTION: INHALATION: X INGESTION: ROUTES OF . TARGET CAA I a .r CITY EXPOSURE ORGAN : Eyes, shin, and respiratory system NTP: No !ARC: Yes OSHA: No ACUTE EI•1%Et t'S Particulates may cense snecheeical irrimtion to eyes. nose, dunce, and Wogs. Particulate inhalation may lead to chronic bronchitis. DY emphysema. and bronchial asthma Dermatitis had asthma may result from short mum prriods.(2) EXPOSURE CI IRONIC EFFECTS Long-term inhalation of some types ofwood dust has boon shown to cause cantor. Wood dust is listed by IARC as Group I (cetcinogoole to 01° human). EXPOSURE TOXICITY DATA Noon reported. EYES SKIN ==1121C19:6=11: IL t', ...I,— •. T. EMERGENCY AND FIRST AID PRODCEDURES l Told eyelids apart and flush eyes with water Ibr et least IS minutes Get medical attention if irritation persists. wash thoroughly with soap amd waver_ Re novo conc+orinmed dodaiag lfS num develops, tett medical ottentiou. INGESTION Drink water to diluus, Never give anything by mouth to an unansolous person. Sock medical attention. INHALATION Ifoxposcd to high airbomo Coneomradon ofprodtct, remove to fresh air and r mmo breathing. Sock medical astatine. OTHER INSTRUCTIONS Sensitive individuals should rapid further contact. If irritation persists, took medal attention. Plasma seeking medical oaduloa .. . entry a copy of this MSDS with them. B. OCCUPATIONAL CONTROL MEASURES RESPIRATORY Wear a NIOS WMSHA-uppro ed dalmial n pinaor when exposure exceeds this rotonuaended limits (see MSDS Soeriae 2). VENTILATION Supply rtatwel or mechanical wasdadon adcquatc to oatmeal a4bon o product and loop exposures below applicablo limns (sur MSDS Sec. 2) SKIN Wear gloves ®d lora monodies dotting. Watt thoroughly uflarhundlieg Wash clothes and dean shoat belbm rouse. EYES Weer satiny glasses with s(dcgt*wtb mcaing ANSI Z.ST.1.19$9. Ins= proper fa for bog protection. • OTHER PROTECTIVE Ordinary measures of moored hygiene sbmdd 6a observed Avoid contact with eject. Skin and clothing and inhalation ofdal EQUIPMENT assrax.,......xszenseleh 9. SPECIAL PRECAUTIONS PRECAUTIONARY CAUTION! MAY CAUSE EYE, SKIN AND RESPIRATORY TRACT IRRITATION. Avoid coma with eyes. skin LABELING and lnhaletionof dun. Wash thoroughly alter heading. PRECAUTIONS FOR TRANSPORTATION Ptotet oo take s from heat and excessive moisture. Makin dust exposure swing use. Soo MSDS Section & IIANDLINO AND STORAGE N.0 - Not Determined N.A. -Not Applicable 4 -Less Than > - Carer Than C—Coding Limit Note: For additional inflimuition and Lmerpretire sisiatanee, see lost page. SAWDUST Page 2 of 5 10, SPILL OR LEAK PROCEDURES s lEPs -to 13E TAKEN IF MATERIAL wear proper protective equipment (MSW Section 5). Conlein the spill and minimiac dust. Repackage or recycle if possible, or IS RFL•EASROOR SPILLED place in a suitable waste container. Keep out ofs um and wattrways. WASTE; DISPOSAL METthOD - This product is not a RCRA huzardous waster Baa:c- = -+a rte--- --w -- a=-==== 11. U.S. GOVERNMENT & OTHER REGULATORY AGENCY CONTROLS SARA TITLE III ACUTE: X CHRONIC: X FIRE: REACTIVFTY: SUDDEN RELEASE OP PRESSURE: See page 5. CERCLA Sec. tu3:no SLQ:nu SARA iU 302:no TPQ:na SARA III 313:x+ CM Soo. 112:nn CWA Sec. 31 I:no CA Prop. 65: no. The ingredients of this product comply with TSCA inventory rnponing requirements. 12. TRANSPORTATION INFORMATION A. DEPARTMENT OF TRANSPORTATION (DOT) CLASSIFIED AS HAZARDOUS MATERIAL ACCORDING TO DOTS49 CFR l72): No PROPER SHIPPING NAME : N,A. IIAZARDCLASS : N.A. IDENTIFICATION NO. : N.A. LAIIEL(S) REQUIRED : NA. EXCEPTIONS & PACKAGING REQUIREMENTS (SEE SECTION) : N.A. MAXIMUM QUANTITY PASSENGER AIRCRAFT : N.A. IN ONE PACKAGE CARGO AIRCRAFT : NA. B. AYR TRANSPORT REGULATIONS (IA2A / ICAO) PROPLLR SNIPPING NAME : NA- UN NO. N.A. HAZARD CLASS : N.A. FLASH POINT : N.A. dcA F N.A. dcA C MAXIMUM QUANTITY PASSENGER AIRCRAFT NA. IN ONE PACKAGE CARGO AIRCRAIT : N.A. PACKAGING (SEE SECTION) : N.A. PACKAGING (SEE SECTION i N.A. C. INTERNATIONAL MARITIME ORGANIZATION REGULATIONS (IMO) SUBSTANCE NAME : N.A. HAZARD CLASS : N.A. LABEL(S) : N.A. DESCRIPTION : Oa well drilling EuW additive CLASS NO NJ . PLASH POINT : NA del, F N.A. degC n-rzaa _ —aaa.a whtL_'^c to ..: WIMMMrnma=mes=a.-eras.__.= References: (I) (2) �3. ADDITIONAL INFORMATION UN NO.: PAGE NO. : N.A. N.A. 1995.1996 Threshold Limit Vaiues and Biological Exposure Indices; American Conference of Governmental Industrial Hygienists: Cincinnati, (1995). Lewis, RJ. Sr., (ed.), Sax's Dangerous Properties of Industrial Materials, 8th Edition, Vols. 1-111. VNR, New York, (1992). FOR ADDITIONAL, INFORMATION CONTACT : Pawed* Samuel I, Hoskin Munger. Environmental At)itim (2111) 561-1507 [moa Prepared : Revised January 7, 1997 N.O.-NotDotutnlacd NA- NotApptiedda Los Thin >- Grauer 7h4n C-CailiagLinit Note Par addnioaal lefonnatloo and inamprtive amino* Sc* MR page. SAWDUST Page 3 of 5 EXPLANATION OF THE TRANSPORTATION AND MATERIAL SAFETY DATA SHEET HMIS HAZARD INTERPRETATION Hazard Inde, 4 Severe Hazard 1 Serious Hazard 2 Moderate llarumrd i Slight Hazard 0 Minimal Hazard Decree of Health Hazard TyaSSDf ossIble (alus3 4 I,ifa+Jlercawlog, major orpeutnanont damago meq result from single or repeated oxpasuna. 3 Major hdwy IlkcIy unless pretapt action is taken and medical ornament is given 2 Tetwpota y or minor injury may oars. I Irritation or miner twasiblo iiUwy postalde. 0 No significant risk to health, Degree of Flammability Susccaribllleyaoi.Melerbrls to Burning 4 Very flammable gu&es, wry volatile liatnmabk liquids, nod materials that in the form of dusts or mins readily norm explosive mixtures when dispersed in sir 3 Liquids ignitable under almost all normal temperature conditions, solids that burn rapidly, and My manerials that lathe spontaneously as normal Icrepwatafoa in air. 2 Liquids which must to moderately hared be&re ignition will wear and solids this readily give off itammablo vapors. 1 Materials rhea must be preheated betbao ignition can occur. 0 Materials than will not bum. Degree of. Reactivity Sirscnntlblllty to Release of Energy 4 Materials which in themselves aro readily capable of doloaation or of explosive decomposition or explosive metiers at normal ternpemwres and pnxawros. 3 Materials which in themselves aro tapable of dewnmioa or of implosive dacomposipon or of =plosive reaction but which require a strong initiating minor or which must bo hoard under confinement bathe initiation, 2 Mau:riols which in themselves ms rnrmUAy unstable andmadily undergo violent chemical eke but de not detonate. 1 Materials which in themselves am normally amble bas which may become unstable at elevated mnperatu es end pressures cr which may react with wiser with some rebase ofenergy but not vidently. O Materials which are normally stable even under Bre exposure conditions amd which ate notreacrivo with water. Personal Protection Index A Safety Glosses B Safety Glomes, Crlaves C Sa&ty Glasses. Gloves, SyntfodcAprm 13 Fano Shield Gloves, Synthetic Apron li Safbty Massa, Gloves, Oust Respirator F Safety Glasses, Gloves, Synthetic Apron, Dust Respirator G Safety abuses. Gloves. vapor Respirator Il Splash Goggles, Gloves. Synd cdeApron. VaporRapirawr I Sm&ty Glasses, Glows. mon Dust and Vapor Respirator f Splash Gc5giea, Gloves, Synthetic Apron, CCmbleaioa Dust and Vapor Respimenr IC Airline Hood or Mask, Gloves, Full ResettIvo Suit, Boom X Sit unions Requiring SpQCialbsd Handling Page 4 of 5 EXPLANATION OF THE TRANSPORTATION AND MATERIAL SAFETY DATA SHEET SECTION 2. HAZARDOUS INGREDIENTS For the purposes of this form, u material shall be defined as hazardous if it meats any of one of the following criteria (From — OSHA 29 CFR Part 1910 Hazard Communication): (I) Toxicity — A toxic substance is ane lite huh demonsvuted the potantial 10: endanger human life by exposure via any route Ibund in the workplace; pruduw shute - or long•tetin dilcwe or bodily WWI et est htallb sdvasdy; induce =ear or other treopiaetic effects in lnannass or experimcawi animals: indite: a transmissible change in characteristics of ma ofepring from those of its hutma or experimental animal parent or anus dm production of physical] dckct in the developing human or cxpcsfrnenral animal embryo. As required by OSHA, these substances ore identified if they me present in quantities grouter than 1%, or in the taut of carcinogens, greater than 0.1%. or if a hazard in detennined ata lower concentration. Toxic substances not regulated under OSHA 29 CFA 1910 but coveted by other governmental regulations will be listed as required under any stale regulation or the lbllowing federal re ulations: CRRCLA/Superfuad 40 CFR 117, Toxic Substance Control Act (TSCA), FIFRA pesticide registration. Resource Conservation and Recovery Act (RCRA), and the Federal Clem Air and water Acts 40 CFR 60-61, 40 CFA 401 and 116. (2) Corrosive — As defined by O 1A is chemical that causes visible destruction of or irreversible alterations in, living tissue by chemical action ut the site of Contaa. (3) Irritant — As defined by OSHA is it chemical which is not corrosive, hut which causes a reversible intletamaoory elect on living tissue by chemical action at tine site of contact (4) Sensitizer — As defined by OSHA Is a chemical that causes a subteentiel proportion of exposed people or animrd3 to develop an allergic minion in normal tissue Au repeated exposure of the chemical. (5) Physical Hazards — As defined by OSHA. DOT, and RCM; will bo based on the flammability. oorro)ivity. reactivity aalrer explosive nature of the product in e whole, o mixture, or individual ingredients its determined to be the most hazardous. SECTION 6. HEALTH HAZARD INFORMATION Prinn ey Routes of Exposure: Should indicate one or morn possible pathways by which substance may affect the human body. Anne Etlbds of Exposure: Acute effect applies to injuries which rapidly Mow rough direct exposure to a hermrdous materiel without Implying degree of severity. Chronic F.fcus of Exposure-. Chronic dila applies to injuries which we dehryed and occur alter repeated or prolonged exposure to a hazardous material without implying degree of severity. Median lethal Dont (LDSO, t.C5O) Median Lethal Moue (MW) iolb a to the Lethal Dose (LD) or Lethal Concentration (LC) of the maeeriel which will produce death in SO percent of deo test a imalt LDLO is the single lowest reported dose drat has proven to be fatal in one individual. TALO is the single lowest roportod dose which has caused s was toxic tuber in an individual. SECTION U. U.S. GOVERNMENT AND OTHER REGULATORY AGENCY CONTROLS Specifies if the two and mwc ctungg of the product Li restricted by the indicated ddetal regulatory 4&encies or some and local regulation This Llai is not intended as a comprehensive review doll regulations or *weaned agencies: rather, it is a quids check of several rne1or agencies or reguladcm Page 5 of 5 Appendix D Photographs • PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 1 Date: 4/1/02 Direction: West Description: 2nd St. at Hermosa Ave., facing West Roll #: 8 Photo #: 2 Date: 4/1/02 Direction: South Description: 2nd St and Hermosa Ave, facing South PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 3 Date: 4/1/02 Direction: South Description: 2nd St and Beach Drive, facing South Roll #: 8 Photo #: 4 Date: 4/1/02 Direction: Southwest Description: 2nd St and Beach Drive, facing Southwest PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 5 Date: 4/1/02 Direction: South Description: The Strand, facing South Roll #: 8 Photo #: 6 Date: 4/1/02 Direction: East Description: The Strand, facing East • PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 7 Date: 4/1/02 Direction: West Description: The Strand, facing West Roll #: 8 Photo #: 8 Date: 4/1/02 Direction: North Description: The Strand, facing North PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 9 Date: 4/1/02 Direction: North Description: Beach Drive and 2nd Street, facing North Roll #: 8 Photo #: 10 Date: 4/1/02 Direction: North Description: 2nd Street and Beach Drive, facing North PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 11 Date: 4/1/02 Direction: North Description: 2nd Street and Hermosa Ave, facing North PHOTOGRAPHIC RECORD Roll #: 1 Date: Direction: Description: Directional drill rig Photo #: 1 PHOTOGRAPHIC RECORD Roll #: 1 Photo #: 2 Date: Direction: Description: Drill mud returns shakers, bin, and circulating pump (in background with workers) Roll #: 1 Photo #: 3 Date: Direction: Description: (left to right) trackhoe, drill rig, control unit (white unit), generator PHOTOGRAPHIC RECORD Roll #: 1 Photo #: 4 Date: Direction: Description: Site fence with sound blankets and hay bale containment (view 1) Roll #: 1 Photo #: 5 Date: Direction: Description: Site fence with sound blankets and hay bale containment (view 2) S PHOTOGRAPHIC RECORD Roll #: I Date: Photo #: 6 Direction: Description: Site fence along curb and sidewalk, allowing pedestrian access PHOTOGRAPHIC RECORD Roll #: 1 Photo #: 7 Date: Direction: Description: Sandbag containment around storm drain Tyco Telecommunications Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Addendum to Certified Environmental Impact Report (SCH No.: 2001 061111) Environmental Analysis of Horizontal Directional Drilling from 2nd Street Submitted to: City of Hermosa Beach Community Development Department 1315 Valley Drive Hermosa Beach, CA 90254 Prepared by: tl,c(•• Telecommunications 10 Park Avenue Morristown, NJ 07960 Submitted April 15, 2002 Revised May 10, 2002 ECEIVg JUN 0 5 2002 COM. DEV. DEPT Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street Executive Summary The City of Hermosa Beach (City), acting as lead agency, certified an Environmental Impact Report (EIR) for the Tyco Telecommunications Transpacific Fiber Optic Cable and Hermosa Beach Landing Project (project) on December 18, 2001. Pursuant to the certified EIR, the City made findings and a statement of overriding considerations, approved a planned development permit/precise development plan (PDP), and granted a lease for the project on December 18, 2001. The certified EIR and the approved project were based on a trenched landing (also called a direct landing) to install the fiber optic cable under the beach and in the nearshore area. Because of concerns expressed by the California Coastal Commission (CCC), Tyco Telecommunications (the applicant) is now proposing a change in the construction method for the portion of the project between 2nd Street at Hermosa Avenue and the point offshore at which water depth reaches 43 -feet (13 meters). The applicant is proposing to amend its existing PDP and lease to allow horizontal directional drilling (HDD) instead of a direct landing at 2nd Street and immediately offshore. The proposed change would affect terrestrial construction between Hermosa Avenue and the shoreline, and marine construction between the shoreline and the 43 -feet (13 -meter) water -depth contour. The affected portion of the proposed change is approximately 3,300 feet (1,000 meters). Permits or permit amendments for the proposed change would also be necessary from CCC, the U.S. Army Corps of Engineers (Corps), and the Los Angeles Regional Water Quality Control Board (LA RWQCB). The primary potential impacts of directional drilling are construction noise, traffic and parking, air quality, aesthetics, water quality, and marine biology. All of these subject areas were discussed in the certified EIR. However, the specific details of potential impacts related to directional drilling in the proposed location were not discussed. The analysis in the addendum of these and other California Environmental Quality Act (CEQA) subject areas concludes that the applicant's proposed construction methods, in combination with previously adopted mitigation measures, would result in no new significant environmental impacts Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street May 10, 2002 J&S 01-291 tycci Telecommunications and no substantial increase in the severity of previously identified significant impacts. Since the change to the project involves the selection of a construction method over a relatively limited portion of the project, and the applicant has committed. to incorporating all necessary practices and controls to avoid any new significant impacts or substantial increases in previously identified significant impacts, an addendum to the existing certified EIR can be prepared (CEQA Guidelines 15162 and 15164). Introduction Purpose of Environmental Analysis The City, acting as CEQA lead agency, certified an EIR for the applicant's Transpacific Fiber Optic Cable and Hermosa Beach Landing Project on December 18, 2001. Pursuant to the certified EIR, the City also made findings and a statement of overriding considerations, and approved a PDP and a lease for the project on December 18, 2001. The certified EIR and the approved project were based on a trenched landing (also called a direct landing) to install the fiber optic cable under the beach and in the nearshore area. The applicant is now proposing to amend its existing PDP and lease to allow HDD instead of a direct landing at 2nd Street. No other changes to the project are proposed at this time. While the EIR addressed boring in general terms under the discussion of alternatives, this addendum is based on a specific project description developed by the applicant for a bore from 2nd Street Because the EIR did not discuss the specifics of such a construction method at this location, an addendum has been prepared for review by the City prior to the City's consideration of an amended PDP and lease for the modified project. The applicant has proposed best management practices (BMPs) that would avoid or mitigate any new significant impacts or substantial increases to previously identified significant impacts. Methodology The addendum reviews the environmental impacts associated with directional drilling that were not specifically addressed in the previously certified EIR. The existing setting from the certified EIR is used as the existing setting for this addendum since the existing environment is unchanged. Because subsurface drilling is proposed, the applicant has developed additional geological and Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 2 May 10, 2002 J&S 01-291 two Telecommunications geotechnical information. This analysis refers to the analysis, figures, and tables in the certified EIR to avoid repetition of previously presented information. Below is a list of the primary potential impacts of directional drilling discussed in this addendum. • Construction Noise • Traffic and Parking • Air Quality Aesthetics Water Quality • Marine Biology The following additional CEQA-required subjects are also covered in this addendum. • . Consistency with Adopted City Plans and Policies • Land Use, Marine Use, and Recreation • Geology, Soils, and Mineral Resources • Fisheries • Terrestrial Biological Resources • Cultural Resources ■ Hazardous Materials and Risk of Upset • Public Utilities and Services The significance criteria used for the addendum are the same as those used in the certified EIR and are not repeated here. The alternative analysis is in the form of an impact matrix. The certified EW analyzed in detail the impacts of terrestrial and marine construction associated with the project. The proposed change would affect terrestrial construction between Hermosa Avenue and the shoreline, and marine construction between the shoreline and the 43 -foot (3 -meter) water -depth contour. The affected portion of the proposed change is approximately 3,300 feet (1,000 meters). The project would be unchanged in areas outside of this 1,220 - meter segment, and no new analysis of terrestrial or marine impacts outside of this segment is necessary. Many of the mitigation measures that were adopted as part of the previously approved project would also apply to the project with directional drilling. Appendix C includes a copy of the City -approved mitigation monitoring plan Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 3 May 10, 2002 AS 01-291 ti,ca Telecommunications (MMP) and notes which measures would apply to the project with directional drilling. Assessment of Impacts Noise Noise impacts were assessed by measuring the existing sound levels at the 2nd Street drilling site, identifying the primary equipment sources of noise associated with drilling and their associated noise levels, identifying the receptors around the proposed drill site, and calculating the expected noise levels at those receptors. Noise measurements were collected on April 1, 2002 between 12:30 p.m. and 5:00 p.m. The noise analysis is presented in Appendix A. The existing ambient noise levels at the proposed drilling site are influenced by vehicle activity along Hermosa Avenue, 2nd Street, Beach Street, and recreational users of the Strands and the beach. Noise from the ocean also influences the ambient noise level. Noise measurements taken at and near the proposed drilling site indicate that ambient noise level ranges from 52 to 66 dBA, while short-term maximum noise levels range from 67 to 81 dBA (see Appendix A). Table 1 below shows the measurements of the ambient noise levels. Table 1 Ambient Noise Measurements at and near HDD Site Location Approx. Ambient Daytime Maximum Ambient Distance to Noise Levels Daytime Noise Levels Bore Site (Leq, dBA) (Lmax, dBA) (feet) 2nd St. at Hermosa Ave 10-20 66 81-85 Beach St at 2nd St 10-20 58-61 71-79 On the Strand 120 56-60 68-81 On the Beach 200 52-57 67-71 As noted in the EIR, there are no specific City standards for construction noise, other than the requirement that construction activity be performed within City - specified hours. The two primary sources of noise are the drill rig (DD -140 or equivalent, 300 hp) and the mud system pump (MP -500 or equivalent, 440 hp). The location of these pieces of equipment are identified in the staging diagram included with the PDP Amendment project description. Residents adjacent to the bore site, public users of 2nd Street beach access, and the adjacent businesses would be affected by construction activities (including site set-up and clean up) and construction noise for six weeks, of which about 14 Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 4 May 10, 2002 J&S 01-291 qcr Telecommunications days are expected to involve actual drilling operations. The nearest residences and businesses are less than 50 feet from the drill rig. Uncontrolled drilling noise levels, based on equipment use without implementation of the proposed BMPs, are estimated to be approximately 88 dBA at 50 feet. The applicant has proposed BMPs for noise, including a sound barrier (BMP N-1), enclosure of drill and pump engines (BMP N-2), and use of a muffler on the rig and pump exhaust (BMP N-3). While the precise effectiveness of these measures is not known, based on experience drilling in similar situations, it is expected that the proposed measures would result in approximately 10 to 15 dBA of noise reduction. The estimated noise levels during drilling with the implementation of the BMPs are shown in the table below (see analysis in Appendix A). Other physical noise control measures could adding additional sound blankets or hay bales around the base of the security wall. Other construction noise associated with set up and clean up of the site is expected for an additional 14 days, but would be of a lower intensity, equivalent to other construction vehicle and worker activity. Table 2 below shows estimated noise levels during HDD activity. Table 2. Estimated Noise Levels During HDD (with BMPs) Location Approx. Distance Estimated Noise Levels to Bore Site (feet) (dBA) during Drilling 2nd St. between Hermosa 20 81-86 Ave. and Beach St. 2nd St. residences 50 73-78 between Beach St. and Hermosa Ave. Near Strand at 2nd St. 120 67-72 Beach 75' west of Strand 200 61-66 The applicant has proposed to restrict all operations at the staging area to between the hours of 8:00 a.m. and sunset., Monday through Friday, and has proposed to avoid the peak summer season. Although the drilling operations will result in elevated noise levels in and around the staging area, noise levels will only be elevated during the day -time hours and will be temporary. This impact is therefore considered less than significant. Traffic and Parking Under the proposed change, 2nd Street from Hermosa Avenue to Beach Street would be closed to local traffic for approximately six weeks. Six parking spaces would be occupied during this time for drilling operations. These impacts are construction related and short term. Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 5 May 10, 2002 J&S 01-291 fors Telecommunications The applicant is preparing a traffic plan to safely divert traffic around the bore - site staging area, and arranging for altemative parking for the affected public parking spaces. Additionally, Mitigation Measures T-1 through T-7, as described in the certified EIR, would be implemented as part of the proposed change to further reduce significant transportation impacts associated with construction activities. Furthermore, proposed drilling would occur outside of the peak summer season. No new or different marine transportation impacts would occur with implementation of the proposed change. Implementation of the HDD as proposed combined with appropriate mitigation measures from the adopted MMP would not create any new significant transportation impacts nor substantially increase any previously identified significant transportation impacts. Air Quality An air emissions inventory was prepared for the proposed change in combination with the rest of the project from the cable station to 3 nautical miles offshore. Unlike for other subject areas, the air quality analysis in this addendum is based on the entire project because air emissions is a regional impact, so the whole project within the City jurisdiction needs to be analyzed. Since the project is unchanged outside of state waters, however, no new analysis of air impacts in those areas was conducted for this addendum. The inventory for the project with HDD was then compared to the inventory for the project with a direct landing. The air emissions inventory is based on the equipment identified for the HDD activity, the previously identified equipment for terrestrial route construction, and the equipment for marine construction within 3 nautical miles offshore. The inventory and the assumptions it is based on are presented in Appendix B. Overall terrestrial activity associated with the project with HDD could result in a slight exceedance of the SCAQMD daily thresholds for oxides of nitrogen (NOx) of 100 pounds for approximately 14 days, with a total emission of 29 pounds over the threshold during that time. Marine activity associated with the project could result in an exceedance of SCAQMD daily thresholds for NOx for approximately five days, with a total emission of 2,732 pounds over the thresholds during that time. In addition to exceedance of the daily thresholds, the project with HDD could result in quarterly emissions of NOx of 2.81 tons, which would exceed the SCAQMD quarterly threshold for NOx of 2.5 tons. Neither terrestrial nor marine activity (within 3 nautical miles offshore) is expected to result in exceedance of SCAQMD thresholds for any other priority pollutants. Overall terrestrial activity associated with the project with direct landing could result in a slight exceedance of the SCAQMD daily thresholds for NOx of 100 pounds for approximately eight days, with a total emission of 146 pounds of NOx over the threshold during that time. Marine activity associated with the project Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street May 10, 2002 J&S 01-291 Atcta Telecommunications with direct landing could result in an exceedance of SCAQMD daily thresholds for NOx for approximately five days, with a total emission of 2,801 pounds over the thresholds during that time. The inventory prepared did not estimate an exceedance of the SCAQMD quarterly threshold for NOx. Terrestrial or marine activity. (within 3 nautical miles offshore) is not expected to result in exceedance of SCAQMD thresholds for any other priority pollutants. On a daily basis, the project with HDD would result in a slightly lower amount (85 pounds less) of NOx emissions over the daily thresholds than the project with direct landing. On a quarterly basis, the project with HDD would result in an exceedance of the quarterly threshold by 0.31 tons, whereas the project with direct landing would not result in an exceedance of the quarterly threshold. With implementation of the applicant -proposed BMPs, in particular BMP A-3 (offset credits), the air quality impact of the project with HDD would be the same as that of the project with direct landing, and thus would not result in any new significant impacts to air quality or any substantial increase in previously identified air quality impacts. Aesthetics Implementation of the proposed change would result in temporary aesthetic impacts on beach users at the 2nd Street beach access, and on 2nd Street residents. The impact on beach users themselves would be less under the proposed change than under the direct landing (due to avoidance of trenching of cable on the beach), but the impact on residents around the drill site would be greater. These impacts are associated with the use and storage of heavy construction equipment and machinery in and around the project site during the estimated six weeks required for drilling activities. Only beach users located on the upper part of the beach or on the Strand in an area directly aligned with 2nd Street would observe and hear the construction activity. Beach users in other parts of the beach or Strand would likely not notice construction. Beach users using 2nd Street to access the beach would notice construction directly, while passing on the sidewalk. The applicant has proposed BMP N-1 to provide a sound wall for attenuation of noise impacts. This sound wall would also prevent direct observation of drilling, which would further reduce the aesthetic impacts. Because the activity is temporary, large portions of the beach nearby will not be affected by construction, and public views of the Strand and the beach itself are not affected by the drilling operation, the HDD is not expected to result in any new significant aesthetic impacts nor substantially increase any previously significant aesthetic impacts. No new or different marine aesthetic impacts would occur with implementation of the proposed change. Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 7 May 10, 2002 J8S 01-291 Telecommunications Water Quality Boring activities would have the potential to release bentonite -water slurry into the marine environment during breakthrough from the sediment into the water column. The applicant would implement the Fluid Monitoring Plan (enclosed as Appendix C of the PDP Amendment), which includes targeted measures to reduce the likelihood and potential volume of bentonite -water slurry that may be released into the ocean environment. These measures are targeted to four different conditions: Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 8 May 10, 2002. J&S 01-291 ivory Telecommunications Table 3 Summary of Fluid Monitoring Plan Condition Operational Measures Monitoring Measures 1:Normal Expected Drilling Fluid Returns Standard drilling procedures Routine monitoring will include: monitoring of fluid volumes and pressures; spot visual inspection of bore path on land; and dye fluoremetry reading offshore. 2: Loss of Normal Expected Drilling Fluid Returns and No Detection of Dye or Fluid Release Drilling contractor will take appropriate measures which may include: modifying drilling fluid properties; modifying pressures and volume; advancing or retreating bore pipe; or use of lost -circulation materials (LCMs) Same as Condition 1 3 Detection of Dye, But No Drilling Fluid Release Detected Drilling contractor will attempt to determine if fluid release is occurring; if yes, Condition 4 measures will be implemented. Condition 2 measures will also be implemented. Continued fluoremetry readings; initiate grab sampling of ocean floor sediments; commence in - water survey including diver and video; conduct shoreline survey for wash-up of drilling fluid. 4: Surface Release of Drilling Fluid Work will temporarily cease in order to locate and quantify the release. Condition 2 measures will also be implemented. If water release, divers would conduct cleanup using a specially configured filter bag and lift system (portable suction dredge) to remove any significant quantities of bentonite from the seafloor for disposal offsite. If land release, fluid would be contained with silt fence or hay bales and transferred manually back to drill site for reuse or into a storage tank for removal. Monitoring will be conducted to determined location and extent of fluid release, including the Condition 3 measures noted above. Implementation of the proposed change would also result in temporary increases in turbidity and potential disturbance of a small quantity of contaminated sediment during bore breakthrough and initial cable jetting. These increases in turbidity and sediment disturbance are less than those associated with the direct landing analyzed in the EIR. The applicant would implement previously adopted Mitigation Measures W-1 through W-5 for marine operations. Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 9 May 10, 2002 J&S 01-291 tons Telecommunications Water quality impacts associated with the installation of the outside plant (OSP) route would not be different than those impacts identified in the certified EIR. Potential terrestrial water quality impacts would be controlled by implementation of the applicant's Storm Water Pollution Prevention Plan (SWPPP), pursuant to previously adopted Mitigation Measure W-6. Implementation of the HDD as proposed combined with appropriate mitigation measures from the adopted MMP would not create any new significant water quality impacts nor substantially increase any previously identified water quality impacts. Marine Biology Implementation of the proposed change would result in temporary installation impacts to common marine soft -bottom species at bore breakthrough locations and in the event of inadvertent bentonite -water slurry releases into the marine environment. Disturbance to marine biological resources could also occur during initial jetting activities for a duration of four days. However, the disturbance to soft -bottom species is expected to be less than that originally proposed for direct landing, which would have disturbed a larger area. The applicant would implement the Fluid Monitoring Plan, to reduce the likelihood and extent of a bentonite -water slurry release. As discussed in the EIR, soft -bottom species are expected to recover rapidly from construction -related impacts, and impacts to these species would be less than significant. There are no hard -bottom or other unique marine habitats (such as kelp beds, eelgrass, etc.) located in or near the proposed breakthrough locations. Use of directional drilling would also avoid any direct impact to the sand dollar bed, which is located in waters between 5 and 7 meters in depth and is well inshore of the proposed breakthrough locations. Grunion spawn in Hermosa Beach. Drilling operations would avoid any direct disturbance of potential spawning events on the beach. Implementation of the HDD as proposed combined with appropriate mitigation measures from the adopted MMP would not create any new significant marine resource impacts nor substantially increase any previously identified marine resource impacts. Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 10 May 10, 2002 J&S 01-291 qca Telecommunications Consistency with Adopted City Plans and Policies The proposed change is a change in construction method over one portion of the proposed route. The terrestrial route itself is unchanged from the original proposal, and the marine routes are virtually identical to the previously approved route. The original project was found to be consistent with City plans and policies, and the proposed change would not affect that fording. Land Use, Marine Use, and Recreation Drilling operations would effect adjacent land uses due to the noise, aesthetics, parking, and transportation impacts described elsewhere in this addendum. The land uses adjacent to the drill site include restaurants on the northwest and southwest corner of the intersection of 2"1 St. and Hermosa Ave., single -story and multiple residential buildings along 2"d St. between Hermosa Ave. and the Strand, and the Strand and the beach itself. The restaurants could be affected by the loss of parking; however the applicant has identified that it will work with the City to offset the loss of 6 parking spaces as part of proposed BMP P-1. The noise and aesthetics of drilling could also affect the restaurants; however with the implementation of the BMPs for noise (which include a site barrier), the resultant impacts are temporary and less -than - significant. Pedestrian access to the restaurants will be maintained and vehicle access via side streets will remain open. Residents of 2"d St. near the bore site will experience some inconvenience due to increase noise levels during daylight hours, loss of a limited number of parking spaces, and blocking of 2"d St to cars. Pedestrian access would be maintained and vehicle access will remain via Beach St. These impacts are temporary and are controlled by the implementation of the applicant -proposed BMPs. The project with directional drilling will result in less direct disruption to beach recreation and use of the Strand compared to the project with a direct landing. The only beach construction activity would be approximately 5 days of construction associated with the ocean ground bed, which was part of the previously approved project, but no trenching of the marine cable would be done on the beach. As described above, beach users and Strand users near the 2nd St. access point would be temporarily affected by noise, aesthetics, and limited parking displacement associated with directional drilling operations for up to six weeks. Pedestrian access to the Strand and the beach will be maintained at all times during construction. Drilling operations would not be conducted during the peak summer season (Memorial Day to Labor Day). The punch -out point for the Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street May 10, 2002 J&S 01-291 Vico Telecommunications bores is approximately 800 meters offshore, as such activities at this location will not affect nearshore recreation (such as surfing). The site would be buoyed to warn recreational boaters of the construction activity. Implementation of the HDD as proposed combined with appropriate mitigation measures from the adopted MMP would not create any new significant land use, marine use, or recreation impacts nor substantially increase any previously identified land use, marine use, or recreation impacts. Geology, Soils, and Mineral Resources For the terrestrial and marine areas, the proposed change would not create or contribute to erosion, geologic instability, or destruction of the project site or its surrounding areas. Additionally, the proposed change would avert any risk of cable exposure from sand migration out to the 13 -meter water depth. Although collision with an abandoned oil or gas well is considered a remote possibility since none have been identified along the bore alignment, Mitigation Measures G-2 and G-5, as described in the certified EIR, would be implemented as part of the project. Implementation of the HDD as proposed combined with appropriate mitigation measures from the adopted MMP would not create any new significant geology and soils impacts nor substantially increase any previously identified geology and soils impacts. Fisheries The proposed change would not create any new significant impacts on fisheries nor increase substantially any previously identified fisheries impacts. Commercial fishing is prohibited in the area affected by the proposed change, so it would not be affected by the change. In addition, disturbance to the seafloor would be less with HDD than with direct landing, but only for that area affected by HDD, and thus the impact to recreational fishing would be lower. Terrestrial Biological Resources The staging area is in a paved city street. The beach itself has no terrestrial biological resources (see discussion of grunion under Marine Resources above). Therefore, no new impacts to terrestrial biological resources would occur under the proposed change. Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 12 May 10, 2002 J&S 01-291 cr, Telecommunications Cultural Resources The proposed change would not create any new significant impacts on cultural resources other than those defined in the certified EIR because the drilling activity would occur in the same area previously proposed for a direct landing. No previously identified cultural resources have been identified along the drill alignment itself, onshore or offshore. The potential for previously undiscovered resources to occur along the bore alignment is the same as along the previous trench alignment because the alignment is unchanged. However, because the bore goes much deeper than trenching, it would have a greater potential to avoid shallowly buried undiscovered resources. An archaeologist would monitor initial ground -breaking as implementation of previously adopted Mitigation Measure CR -1. The proposed breakthrough locations are not located within 100 meters of any previously identified potential shipwreck. Implementation of the HDD as proposed combined with appropriate mitigation measures from the adopted MMP would not create any new significant cultural resource impacts nor substantially increase any previously identified cultural resource impacts. Hazardous Materials and Risk of Upset In general, hazardous materials impacts associated with the terrestrial and marine portions of the project would not be different from those identified in the certified EIR. Construction equipment proposed as part of the project with HDD involve the use of the same petroleum and hazardous material products as the project with direct landing. The bentonite -water slurry mixture used in drilling is not a hazardous material. The drilling contractor will have a site-specific health and safety plan for site workers. Potential terrestrial hazardous materials impacts would be controlled by implementation of the applicant's Spill Prevention and Contingency Plan (SPCP) and Storm Water Pollution Prevention Plan (SWPPP) (pursuant to previously adopted Mitigation Measures H-1 and W-6). Additionally, implementing the adopted Shipboard Oil Pollution Emergency Program (SOPEP) and Oil Spill Contingency Plan (OSCP) plans (required pursuant to previously adopted Mitigation Measures H-19, H-21, and H-22) during marine route construction would control impacts associated with accidental oil spills on the marine route as a result of the proposed change. Implementation of the HDD as proposed combined with appropriate mitigation measures from the adopted MMP would not create any new significant hazardous Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 13 May 10, 2002 J&S 01-291 'Nor, Telecommunications materials impacts nor substantially increase any previously identified hazardous materials impacts. Public Utilities and Services The proposed change would not result in any new or different significant impacts onpublic utilities and services other than those described in the certified EIR. The proposed change would not result in increased demand for utilities or public services. Police and fire protection services's access to the beach would be coordinated pursuant to previously adopted Mitigation Measures PU/S-1 and PU/S-2. Coordination with other utility and service providers would be implemented pursuant to previously adopted Mitigation Measures PU/S-2 through PU/S-6. Water for the drilling fluid will be obtained from a local water source. It is expected that a city hydrant would be metered for use for drilling. Average water usage per day is expected to be about 1,000 gallons. This amount would increase to about 5,000 gallons for the last day of drilling each bore, because only water is used as the drill lubricant for the last portion of the bore (to reduce the likelihood of release of bentonite). In the event of a fire emergency, the water usage could be shut down, if needed to maintain local fire pressure. Implementation of the HDD as proposed combined with appropriate mitigation measures from the adopted MMP would not create any new significant public utilities and services impacts nor substantially increase any previously identified public utilities and services impacts. Addendum to Certified Environmental Impact Report/Environmental Analysis of Horizontal Directional Drilling from 2nd Street 14 May 10, 2002 J&S 01-291 Appendix A Noise Analysis Memorandum 45,.E ones & Stokes Date: April 4, 2002 To: Rich Walter, Project Manager cc: Seema Sairam, Dave Buehler From: Alice Houseworth, Environmental Planner Subject: TyCo Telecommunications Hermosa Beach Cable Noise Study Jones & Stokes has conducted a sound -level study in the vicinity of 2nd Street in Hermosa Beach. This memo documents the approach and outcomes of the study. Measurement Procedure Noise data collection positions were identified based on the location of sensitive receptors in each area. Sound -level measurements were conducted and observations were made on Monday, April 1, 2002 between 8:00 a.m. and 5:00 p.m., at 4 separate positions (in the vicinity of 2nd Street). Data was collected during two separate time periods; 2nd Street was monitored between 12:30 p.m. and 1:30 p.m. and again between 4:05 p.m. and 5:00 p.m. The measurement positions for 2nd Street are depicted in Figure 1. Sound -level measurements were conducted by Alice Houseworth, Jones & Stokes environmental planner. Ms. Houseworth used a Larson -Davis Model 700 (serial number 0190) sound -level meter. The calibration of the meter was checked before the first measurement (12:30 p.m.) and after the last measurement (5:00 p.m.) using a Larson -Davis Model 250 calibrator. Temperatures during the measurement period were estimated to be in the range of 55 to 65°F. Heavy overcast skies continued throughout the day. The air was calm in the morning becoming windy later in the day, with estimated gusts of 10 to 20 mph. Relative humidity was estimated to be in the range of 50 to 70%. Measurements were taken over a 10 to 15 -minute period at each position. In instances where noise events were not part of the normal background (e.g., low helicopter flyovers, nearby delivery trucks) occurred, the meter was paused to exclude the effect of those events in the cumulative measurement. 17310 Red Hill Avenue, Suite 320 • Irvine, CA 92614-5600 • tel. 949 260.1080 • fax 949 260.1081 www.jonesendstokes.com April 2, 2002 Page 2 Measurement Results Tables 1 summarizes the measurement results and recorded observations at the 2nd Street position. Table 1. Summary of Measurements and Observations at 2nd Street Positions Time Duration Position (a.m.) (minutes) Leq Lmax Lmin L10 L25 L50 L90 Comment A 12:30 10 65.8 85.0 47.0 69.0 61.5 57.5 52.0 Hermosa Ave. traffic, people talking on restaurant patio, radio on patio, wind chimes. 4:20 10 66.0 81.5 46.0 70.5 63.0 58.5 51.5 Birds, Hermosa Ave. traffic, radio on patio, wind chimes. B 12:50 10 61.3 79.3 47.5 63.5 60.0 58.5 53.0 Hermosa Ave. traffic, distant roof work, wind chimes, car doors. 4:05 10 57.8 71.0 44.0 61.0 56.5 55.0 49.5 Hermosa Ave. traffic, distant roof work, wind chimes, car doors. C 1:20 10 55.8 68.5 44.0 59.0 54.5 52.5 48.0 Pedestrian activity*, Hermosa Ave. traffic, squeaky swing set on beach, volleyball players. 4:50 10 60.3 81.5 43.5 59.0 54.0 52.5 49.0 Pedestrian activity*, Hermosa Ave. traffic, squeaky swing set on beach, ocean waves. D 1:05 10 57.3 71.0 .47.0 59.5 57.0 56.0 52.5 Occasional seagulls, volleyball players, pedestrians on the Strand. 4:35 10 52.8 67.0 45.0 55.0 52.5 51.5 48.5 Ocean waves, pedestrians on the Strand. *Main sources of noise produced by pedestrian activity along the Strand consists of people talking, biking, rollerblading, running, walking, skateboarding, pushing strollers, and dogs barking. 17310 Red Hill Avenue, Suite 320 • Irvine, CA 92614-5600 • tel. 949 260.1080 • fax 949 260.1081 www.jonesandstokes.com April 2, 2002 Page 3 Comments and Observations On Monday, April 1, 2002, the background sound level at the 2nd Street monitoring positions were largely governed by traffic traveling along Hermosa Avenue to the east and by ocean waves to the west. Sound from these sources is enhanced or hindered over distance by atmospheric effects, ground absorption effects, and shielding effects. Sound in the relatively flat beach area is mainly hindered by shielding from buildings. 17310 Red Hill Avenue, Suite 320 • Irvine, CA 92614-5600 • tel. 949 260.1080 • fax 949 260.1081 www.jonesandstokes.com Bathrooms (underground) Volleyball Volleyball North (no scale) Residential Residential Residential BEACH DR. Residential Residential Restaurant Residential r r -4 Residential Commercial Restaurant Patio Retail Residential Residential 2nd ST. Restaurqnt Residential Figure 3 2nd Street Photo Locations PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 1 Date: 4/1/02 Direction: West Description: 2nd St. at Hermosa Ave., facing West Roll #: 8 Photo #: "2 Date: 4/1/02 Direction: South Description: 2nd St and Hermosa Ave, facing South • PHOTOGRAPHIC RECORD Bore Site 1 Roll #: 8 Photo #: 3 Date: 4/1/02 Direction: South Description: 2nd St and Beach Drive, facing South Roll #: 8 Photo #: 4 Date: 4/1/02 Direction: Southwest Description: 2nd St and Beach Drive, facing Southwest PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 5 Date: 4/1/02 Direction: South Description: The Strand, facing South Roll #: 8 Photo #: 6 Date: 4/1/02 Direction: East Description: The Strand, facing East ve-x- 1:44-4.4 PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 7 Date: 4/1/02 Direction: West Description: The Strand, facing West Roll #: 8 Photo #: 8 Date: 4/1/02 Direction: North Description: The Strand, facing North PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 9 Date: 4/1/02 Direction: North Description: Beach Drive and 2nd Street, facing North Roll #: 8 Photo #: 10 Date: 4/1/02 Direction: North Description: 2nd Street and Beach Drive, facing North PHOTOGRAPHIC RECORD Bore Site Roll #: 8 Photo #: 11 Date: 4/1/02 Direction: North Description: 2nd Street and Hermosa Ave, facing North Memorandum Date: To: cc: From: Subject: Jones & Stokes April 4, 2002 Rich Walter, Project Manager Seema Sairam, Dave Buehler, Alice Houseworth Shannon Hatcher, Air Quality and Noise Specialist TyCom Hermosa Beach Cable Noise Study Jones & Stokes has conducted a sound -level analysis of anticipated noise levels from drilling operations in the vicinity of 2nd Street in Hermosa Beach. This memo documents the approach and methodology used in the calculation of the projected sound levels. Sound Level Methodology Sound levels were calculated for drilling operations based on equipment information provided by the project applicant and methodology from Hoover and Keith's "Noise Control for Buildings Manufacturing Plants, Equipment and Products." Data provided by the project applicant indicated that drilling equipment would consist of a boring machine (DD 140) with a horsepower rating of 300 and a drilling fluid system (MP 500) with a horsepower rating of 450. Using methodology from "Noise Control for Buildings Manufacturing Plants, Equipment and Products," separate noise levels for each machine, at a reference distance of 50 feet, was calculated based on reciprocating engine horsepower. Noise levels at a distance of 50 feet from the source was projected to be 84 dB and 86 dB for the boring machine and drilling fluid system, respectively. These two noise levels were then combined to created a combined sound level at a distance of 50 feet from the source. At 50 feet from the source, the combined sound level was calculated to be 88dBA. The combined sound levels at varying distances from the source (20, 100, and 200 feet) were then calculated using standard industry practices and take into account distance attenuation, attenuation from molecular absorption, and anomalous excess attenuation (Hoover 1996). Based on contact with various product distributors, various mitigation strategies to mitigate noise levels from drilling equipment (i.e., mufflers, shielding, etc.) were estimated to range between 10-15 dB. Consequently, mitigated noise levels were estimated for mitigated reductions of 10 and 15 dB. Citation Hoover, R.M., R.H. Keith. 1996. Noise control for buildings, manufacturing plants, equipment and products. Hoover & Keith, Inc. Houston, TX. 2600 V Street • Sacramento, CA 95818-1914 • tel. 916 737.3000 • fax 916 737.3030 www.jonesandstokes.com Noise Analysis HDD Drilling at Second St. Between Hermosa Ave. and Beach St. 04/04/02 Unmitigated Noise Levels 11 Mitigated Noise Levels Bore Machine dB 20 Feet 50 Feet 100 Feet 200 Feet Unit Hp dB 92 84 78 72 Bore Machine - DD 140 300 dB Bore Machine dB 10 dB Reduction 15 dB Reduction 20 Feet 50 Feet 100 Feet 200 Feet 20 Feet 50 Feet 100 Feet 200 Feet 82 74 68 62 77 69 63 57 Drilling Fluid System dB 20 Feet 50 Feet 100 Feet 200 Feet Unit Hp dB 94 86 80 74 Fluid System - MP 500 450 Drilling Fluid System dB 10 dB Reduction 15 dB Reduction 20 Feet 50 Feet 100 Feet 200 Feet 20 Feet 50 Feet 100 Feet 200 Feet dB 84 76 70 64 79 71 65 59 dB Bore Machine + Drilling Fluid System dB 20 Feet 50 Feet 100 Feet 200 Feet 96 88 82 76 See above Unit Hp 750 dB Bore Machine + Drilling Fluid System dB 10 dB Reduction 20 Feet 50 Feet 100 Feet 200 Feet 86 78 72 66 15 dB Reduction 20 Feet 50 Feet 100 Feet 200 Feet 81 73 67 61 Appendix B Air Emissions Inventory Terrestrial Activity Project with 2nd St. Bore Terrestrial Activity Project with 2nd St. Bore Marine Activity within 3nm Project with 2nd St. Bore Marine Activity within 3nm Project with 2nd St. Bore All Activity within 3 nm Project with 2nd St. Bore All Activity within 3 nm Project with 2nd St. Bore All Activity within 3 nm Project with 2nd St. Bore ROC CO NOx SO2 PM10 0.0 0.0 29.2 0.0 0.0 ROC CO NOx SO2 PM10 269.8 1096.3 2096.1 143.3 471.0 ROC CO NOx SO2 PM10 0.0 0.0 2732.0 0.0 0.0 ROC CO NOx SO2 PM10 149.0 459.4 3525.2 650.3 75.3 ROC CO NOx SO2 PM10 0.0 0.0 2761.2 0.0 0.0 ROC CO NOx SO2 PM10 0.0 0.0 621.3 0.0 0.0 ROC CO NOx SO2 PM10 418.8 1555.8 5621.3 793.7 546.2 ,vg Offshore Bore Length Rate/10 hours Feet 3800 Feet 550 Bore Machine Duration Days 13.8 Time for 2 bores Days 27.6 Bore Machine Duration DD 140 B Mud Unit MP 500 Terrestrial Work OSP Length Feet 35541 Terrestrial Work Trench Under Earth Feet 730 Rate Feet 200 Time Days 3.7 Terrestrial Work Trench Under Asphalt Feet 2411 Rate Feet 150 Time Days 16.1 OSP Bores Feet 387 Rate Feet 100 Time Days 3.9 Manholes (1/1000') Number 4 Rate Per day 1 Time Days 4.0 Terrestrial Work Cable Pulling Length Rate Feet 3554 Feet 1250 Time Days 2.8 1147 Landing Preparation Cable Pull and Burial Days 0 Days 0 OGB 1 1 Days 2 Cable Landing Days 0 Cable Post -Lay Jetting Bore Support Days 4 Days 2 Grapnel Run (both) Hours 4 Main Lay Arrival (both) Hours 24 Main Lay Cable Landing (both) Main Lay Plowing both) �e l's"ag':: Hours 10 Hours 6.8 Terrestrial Fuel Use Gallons 5610 Marine Support Fuel Use Marine Ops Fuel Use Gallons 799 Gallons 8694 TOTAL Fuel Use Gallons 15102 Diff 1419 Percent 110% TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Summary of Daily and Quarterly Terrestrial Construction Emissions Alternative B3 Pounds per Day - Terrestrial Activity ROC CO NOx SO2 PM10 Trench Construction 3.7 19.0 20.7 1.6 15.1 Manhole Installation 2.3 16.3 26.8 2.2 3.2 Subsurface Boring 2.6 11.2 18.3 1.2 1.3 Cable Pulling 2.3 18.6 1.3 0.0 0.0 Shore End Landing Preparation 0.0 0.0 0.0 0.0 0.0 Ocean Ground Bed Installation 5.7 29.4 37.2 3.1 4.5 Marine Cable Pull and Burial 0.0 0.0 0.0 0.0 0.0 Directional Drilling (Shore to Sea) 10.5 30.0 102.1 6.5 7.2 Marine Activity Cable Landing Support 2.6 7.7 51.2 8.0 1.7 Post -Lay Burial within 3 nm 2.4 7.4 56.9 10.5 1.2 Pre -lay Grapnel Run within 3nm 0.6 1.9 14.5 2.7 0.3 Cable Laying/Burying within 3nm 30.6 94.4 727.4 134.8 15.3 Main Lay Ship Arrival and Stationing 25.6 79.0 609.2 112.9 12.8 Main Lay/Cable Landing to Shore 21.3 65.9 507.7 94.1 10.7 SCAQMD Daily Threshold 75.0 550.0 100.0 150.0 150.0 Amount Over SCAQMD Daily Thresholds (Pounds) NOx Days-NOx Terrestrial Scenario B: 0,0 0.0 Trench, manhole, boring Main. Lay Ship Arrival and Stationing 1018.4 2.0 Marine Cable Landing, Cable Landing Support 458.8 1.0 Cable Landing Support 0.0 0.0 Cable Laying/Burying within 3 Nautical Miles Offshore 1254.8 2.0 Directional Drilling 29.2 13.8 TOTAL 2761.2 18.8 Tons per Quarter Terrestrial Activity ROC CO NOx SO2 PM10 Trench Construction 0.04 0.17 0.20 0.02 0.16 Manhole Installation 0.00 0.03 0.05 0.00 0.01 Subsurface Boring 0.01 0.02 0.04 0.00 0.00 Cable Pulling 0.00 0.03 0.00 0.00 0.00 Shore End Landing Preparation 0.00 0.00 0.00 0.00 0.00 Ocean Ground Bed Installation 0.01 0.03 0.04 0.00 0.00 Marine Cable Pull and Burial 0.00 0.00 0.00 0.00 0.00 Directional Drilling (Shore to Sea) • 0.08 0.27 0.72 0.05 0.06 Quarterly Terrestrial Construction Emissions 0.13 0.55 1.05 0.07 0.24 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Summary of Daily and Quarterly Marine Construction Emissions Marine Activity ROC CO NOx SO2 PM10 Cable Landing Support 0.00 0.01 0.05 0.01 0.00 Post -Lay Burial within 3 nm 0.00 0.01 0.11 0.02 0.00 Pre -lay Grapnel Run within 3nm 0.00 0.00 0.01 0.00 0.00 Cable Laying/Burying within 3nm 0.03 0.09 0.73 0.13 0.02 Main Lay Ship Arrival and Stationing 0.03 0.08 0.61 0.11 0.01 Main Lay/Cable Landing to Shore 0.01 0.03 0.25 0.05 0.01 Quarterly Marine Construction Emissions 0.07 0.23 1.76 0.33 0.04 TOTAL QUARTERLY EMISSIONS SCAQMD Quarterly Threshold TOTAL Emissions (Pounds) 0.21 0.78 2.81 0.40 0.27 2.50 24.75 2.50 6.75 6.75 418.8 1555.8 5621.3 793.7 546.2 Amount Over Quarterly threshold 0.0 0.0 621.3 0.0 0.0 g os ago' gm gm g gggggggg gggggg g §-gm §§§§§g 'lsgogee dodo o d- d- ddddood- dodo- ooddd- 66666-.. §o§§§§ goog ga§g oo§g §§§§§§§g g§§§§§§s'"§§g §§§§§g ao$$ogsg ododdd - 66 664 666666d. 6666666- .e6 66664 oe- gosgNg"g.4 E§§g 66d6 d6d. o'ga4 g's§g §§§§§§§g 66. §§g§§§§g oo§gg $1111$. LIgga�� !!H '''2 PM! dee' off= !HMI! g MI!! !!!!!g 0000"g oddddc 600 !HMI! 46-666-- doo dddcdo -� g §'g. o §§g "g.§§g §g §g"g."Fig §AS gg_$4� dodo- dd- d- dodo- dd- dd..... 6666- dddo 6-64 flood gg88'- ddddo og 46666- gso§§g 66666. g § oigal,a $sss IH! HI! !HIM! !MI! 121!! I!! eI IaoF g § H!!!. .188g §g tr i g ne !IRee53 €' g 1 1 1 1 11 il 11 25 25 81 1 11 iLa d 41 !IIdHuIIIII1IIHuIIIIIIII!hIhIIhhIIIIII1II! gt 1{�{��{�gyp{��rqy y�2.2 �i2221 12 gr.ii t 41!2,9 A aEFrr�9r �r9 rr1�r- r Frro�Ili VIWNIIILL 3U'rNII a SIHN�23� N N W •-4r NOU ;3i ��N11 ttN33 a N r U o ooco;; 2222 2202 2000 gOggggg2 dog0000d 2oo2i 222222 122'22i mN;:: �ry 2:2;22 0000002 00002222 7400ei ::Ogg: ;.mood nSm ;m gm"ry so K4�n g g9 ig-tign:21 i22; 22; 2202 22odod2od2od oo•2odododod` oog 0000'ododod ^00208 8 222;2;4 ;2;a 222; 242:;2.2 2201 222221 St 1113 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 2; 2221 000a0000 v0000000 2;222 R. Ili ill11114a 004000 :;:;::;:;:;74117 •adds I 1 :2222 2222 20 22222; m2; 42;; 0 o�d m"; NN nN:4 ;0,16f6*•0 ;i;;; K' eR"INt N01;0 o2000d g2.2,v 71 :A;: 2 g @ mora.e 2:: 2m ;rymoo'? ;2; ;;a d eimdd of 'R w N P. d�ddN do� o e�.•.=$j n� ,_u� m� 111111 III g 4;,44 a 111 5 j p liSgaiiii551"35 533 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Emission Factors for Equipment Alternative B3 Fuel Grams/Hp-Hr Unless Noted Equipment Type Type ROC CO NOx SO2 PM10 Source Concrete/Asphalt Saw G 7.1 198.0 4.8 0.3 0.1 (1) g/hp-hr Backhoe D 1.4 2,8 10.1 0.9 1.1 (1) g/hp-hr Pickup Truck G 71.0 562.1 39.2 0.5 0.3 (3) ROC, CO, NOx units in g/hr, 502 units In g/gal. Dump Truck D 49.2 242.8 286.9 3.2 1.0 (3) ROC, CO, NOx units in g/hr, 502 units in g/gal. Asphalt Truck D 49.2 242.8 286.9 3.2 1.0 (3) ROC, CO, NOx units in g/hr, 502 units In g/gal. Pavement Roller D 0.8 3.1 9.3 1.0 0.8 (1) g/hp-hr Excavator D 0.7 5.2 10.8 0.9 1.4 (1) g/hp-hr Delivery Truck G 71.0 562.1 39.2 0.5 0.3 (3) ROC, CO, NOx units in g/hr, SO2 units in g/gal. Boring Machine D 1.3 3.0 14.0 0.9 1.0 (5) g/hp-hr One Ton Truck G 71.0 562.1 39.2 0.5 0.3 (3) ROC, CO, NOx units in g/hr, 502 units In g/gal. Cable -Pulling Truck G 71.0 562.1 39.2 0.5 0.3 (3) ROC, CO, NOx units in g/hr, SO2 units in g/gal. Pickup Truck with Reel G 71.0 562.1 39.2 0.5 0.3 (3) ROC, CO, NOx units in g/hr, SO2 units in g/gal. Equipment Truck G 71.0 562.1 39.2 0.5 0.3 (3) ROC, CO, NOx units in g/hr, SO2 units in g/gal. Bull Dozer D 0.9 2.8 9.6 0.9 0.7 (1) g/hp-hr Forklift D 1.6 6.1 14.0 0.9 1.6 (1) g/hp-hr Crane D 1.3 4.2 10.3 0.9 1.4 (1) g/hp-hr Welder G 24.1 353.0 2.0 0.3 0.1 (1) g/hp-hr Generator D 1.2 5.0 8.0 0.9 1.0 (1) g/hp-hr Tractor Trailer D 49.2 242.8 286.9 3.2 1.0 (3) ROC, CO, NOx units in g/hr, SO2 units In g/gal. Well Drilling Machine D 1.4 9.2 11.0 0.9 1.4 (1) g/hp-hr Winch D 1.1 3.0 14.1 0.9 1.0 (2) lb/1000 gal. Vessel Main Engine Wartsila TM 410 D 17.0 52.5 404.7 75.0 8.5 (2) lb/1000 gal. Vessel Auxiliary Engine Wartsila F240 D 17.0 52.5 404.7 75.0 8.5 (2) lb/1000 gal. Vessel Generator CAT D398 D 17.0 52.5 404.7 75.0 8.5 (2) lb/1000 gal. Vessel Generator Cummins KTA 50 D 17.0 52.5 404.7 75.0 8.5 (2) lb/1000 gal. Vessel Generator ABC 8 D 17.0 52.5 404.7 75.0 8.5 (2) lb/1000 gal. Work Boat D 17.0 52.5 404.7 75.0 8.5 (2) lb/1000 gal. Work Boat Winch D 1.1 3.0 14.1 0.9 1.0 (5) g/hp-hr Tug/Patrol Boat D 17.0 52.5 404.7 75.0 8.5 (2) lb/1000 gal. Vehicle G 52.3 416.7 32.1 0.5 0.3 (3) ROC, CO, NOx units in g/hr, 502 units in g/gal. Fugitive Dust - - - 55.0 (4) Ig/acre-day Bore Rig/Mud Unit D 1.3 3.0 14.0 0.9 1.0 (5) g/hp-hr Bore/Drill Rig D 0.0200 0.0030 0.0240 0.0020 0.0015 (6) Ib/1000 gal. Notes: (1) Nonroad Engine and Vehicle Emission Study - Report, Table 2.07 (EPA, 1991) (2) Commercial Marine Emissions Inventory for EPA Category 2 and 3 Compression Ignition Marine Engines in the US Continental and Inland Waterways (EPA, 1998). Units In lb/1000 gal. (3) AP -42, Tables 1.04, 1.11, 1.18, 2.01, Vol. II. (EPA, 1995). ROC, CO, NOx units in g/hr, SO2 units in g/gal. (4) Fugitive Dust Background Document/Technical Information Document for Best Available Control Measures (EPA, 1992) Units in pounds per acre -day (5) AP -42, Table 3.3-1, Vol. I. (EPA, 1996) (6) SCAQMD, CEQA Air Quality Handbook (April 1993) i N W F. 3 N m G N 0000000 0000000 s Rv3 00 EgEFEi 24.1.7;Sg g !no0`mn1' § FA.3 222 <Y m m N N 0 O OO 0 O O O 0000000 N N O O g2 N N N O 222 - mNa � M w O O m 0000000 0000000 0 0 N m 00000 N NNN N NN v 4ngm v.N- gf2 NNumSeo mmm gg71 m mnNNONm m maN,m NPaov 4s4gg,- a ymNe ;N. -.;m "l �rmm meq GO wi Ci I�NNNNN N IV NN ON OiNOm g;;;;, �Og�� m� m� It o s oo oho oa'a HE o Ea E MEM EHE H IE§ m0000 EHE o f E EE§ � m mm ma add mmmmmm mOmmm OOmm m m m m 11 a a fe$8:2s �S $:=$ P.. ..m3$:9s S22$Q1;x Plg2 P.$ss� _NP$s $agm $ms A § Ema 12 0000 000 0' 0m N00000 000000 00 00000 00000 0000 000 0 00000 00 00 ]I 'EHHE m mm mm mmmmmmm mmmmmm m m mm m m a 4Sggs agg pis M ssosssg N"g88sg g sgsgs song s g HP 11 1 0 N .� N y v E 3 k A S u 1 y g 1 III hl 11 L S s Sen 4E6- ki fg .0 I"' 1 'g imil iii 01 Iii d r ra_1.4! ansa r tia PAgry ee as' --df o �?99969Hoa vtw i� ar 0LLSirid aiur 33irais12yer ill . .. ,i 5 ,. , ,•. .:. . . ... Gr I..crf fou, P�,,.,,,r��_. Trench under earth b �a ;t'.:.,: Yrz^`w. .;,. '' 'q�� ,> ,: �:.. • ,:, ..,. xh +. al ., �9.,,p.g��hr Backhoe kFfi �.. 5;' ,.i. 71 105 .'.., r.<. r,-, • t$✓l r, ,.. Factor }.�ssum .duel Cori ''+�n{�}}n � f } ;, � r .. � i�^t�' '•� r10�7�"1'^xn `+i k r,..+ 'r�'>Mh M@fiy C7,.:. HI l ,Y rdiF�, f., 1. ,.r ltr•)�^• Mous ,.; A�sut?lp�pn �� d �r� a,, xii. * '+�'',, �._: Firs/ Aa;}y d. ^rt'i a,t. War !gYs(1)^ Total FuC,I(Cwat) 72 0.056 4.23 10 3.7 155 1 - Crew Picku. Truck 200 30 0.040 2.40 3 3.7 26 lump me1 1 1 1 1• i' UMMIMMrrjllIl. Trench under as. halt Backhoe 105 72 0.056 4.23 10 16.1 680 1 - Crew Picku. Truck 200 30 0.040 2.40 3 16.1 116 Dum. Truck 300 30 0.056 5.04 4 16.1 324 Saw Cutter 10 90 0.090 0.81 2 16.1 26 AC Truck 250 30 0.056 4.20 1 16.1 68 avement Ro er IIIMIIIIIIMIMLMIMIMMIIIIIIIIMMMMINIIIMIIIMral=11111 iiiiiiMMIIIIIIMME Manhole Installation Crew Excavator 235 72 0.056 9.48 6 4.0 227 1 - Crew Delive Truck 250 30 0.040 3.00 2 4.0 24 Dump Truc 300 30 0.056 5.04 4 4.0 81 T .ical Bore Crew Bore Machine 115 50 0.056 3.22 10 3.9 125 1 - Crew 1 Ton Truck 250 30 0.040 3.00 3 3.9 35 ic up mclagIIIIIIIIIIMIMIMMIMIIIIIMMMIIIIIIIIIIIIIIIIIIIIMMIMIM Cable Pullin: Crew Cable Pullin: Truck 250 30 0.040 3.00 6 2.8 51 1 - Crew Picku. Truck w/reel 250 30 0.040 3.00 6 2.8 51 qulpment mc IIIIIMMMIIIIIILMMIIINMIMINJEIIIIIIIIII1Mjgaill1=IIIIIBMIIIIIIIMMNAMIMIIIIIIIIIIItilMIII Ocean Ground Bed Backhoe 105 72 0.056 4.23 8 68 2.0 1 - Crew Well Drillin• Machine 300 40 0.056 6.72 8 2.0 108 1 Ton Truck 250 30 0.040 3.00 2 2.0 12 'r`' i� �•. b'ti�: �. ». r r r �� rw :",�. a .'xa Crf • t o s , Pickup Truck g o a;'•Y,a ,' �.. �. .?3:..: a; .@ ,: i A& 7 >, ,•fix . � �?";�� "Ui ....jt ,� .. :,:_.,,, „ . U . Irl�lt ,. e - � 1 F a� r, M r ; '�'£ � '.-.. - :. � 200 ^,Y" B_ ry. � i ,a. .: ,. , m . , ; ... . F ��., .. 30 Cn „;�`.' ayr,^'$'. %�. �� ^ �,:s. 1 ��,��? ., . ,, ,�.. n ir.„ .r � A - , .. ��,.� 0.040 e rs^r. d� °� °e;f ST*'7 f,: r i t ky ~'4..� i i2�� RS 11 1 : v"Y✓ uel ausit' � C'1 "r <. ':v' r-::„. .. , s e , x .. _, r ,, �a � -.� a. � s>111t hr)� Fg.;. ,: .s ,.. ;Ga11�n� 2.40 +y Iron Yf ,... ; ,r .r sa"�dh�� 1 fion- 3 r/ W .: :$a% .:,, t 27 � Hral:brr � 2.0 . ,, .�„ Wri�lralYi%�s'1�, 14 Total Fuel Gal' Bore Crew Bore Machine - DD 140 300 35 0.056 5.9 10 13.8 813 Fluid S stem - MP 500 450 50 0.056 12.6 10 13.8 1741 1 - Crew 1 Ton Truck 250 30 0.040 3.0 3 27.6 249 Picku. Truck 200 30 0.040 2.4 3 27.6 199 ractor rai er emi s 11 1 1 . 1 Notes: 1 Approximately I bore per day/crew Approximately 1 manhole installation per day/crew Fuel consumption (gal/hr) for diesel engine equipment based on 0.056 gallons per Hp -hr Fuel consumption (gal/hr) for gasoline engine trucks based on 0.040 gallons per Hp -hr (USACE 1999) Saw cutter fuel consumption (gal/hr) assumed to be 0.090 gallons gasoline per hP-hr (USACE,1999). Welder fuel consumption (gal/hr) assumed to be 0.041 gallons diesel per hP-hr (USACE 1999). REF: USACE 1999 = U.S. Army Corps of Engineers, Construction Equipment Ownership and Operating Expense Schedule, Region VII, EP 1110-1-8, Volume 7, June 1999 Fuel consumption (gal/hr) for diesel engine equipment based on 0.056 gallons per Hp -hr • ' . rr„ .,�� . dX xis �s . i...� R I o a a r i t sc ti a b % . ,,.,_ '..�•, .M,r n.a.{t. S :.T4 _.d �•,. 1 O n"„ , /�'`', �2?�"T�1 .;=np i; .. 4 ':vM°� ➢t . �.- t"''% ,.P '.�+,!� g� [j, 1 t 1 r .^:. I, B.'.""rg," 4 x'.FF" ., ,. H, M p �p':q° ., �^"' e. �'' .�t�.:..a �S:'«� »a b,�'�ta"'o4i'�g? �'� "� 1. •' � °{(,��1 j� 9 ,�^.., -.,-, � 4c'^Aa. ���� � ''a � ,:'�'»�,.-�5�, ..;� ? Q � ${ �1� L �)�+ Factor ,� S .. " W&' ["/`.�.s-%z a k7'.n y�, £ ....r0 1" v � .. ;3. , � `a�{`�i17.1.. ryr",-f � .�- '•a4£ 3,u s. ti71 rrt�,:r �ak���+��� - Bore Support Work Boat 800 20 0.056 9.0 5 2 90 1 - Crew Winch on Work Boat , 100 40 0.056 2.2 10 2 45 Assisting Tug Boat 350 26 0.056 5.1 5 2 51 Patrol Boat 350 26 0.056 5.1 5 2 51 Post -Lay Burial Work Boat 800 20 0.056 9.0 10 4 358 1 - Crew Assisting Tug Boat 350 26 0.056 5.1 5 4 102 Patrol Boat 350 26 0.056 5.1 5 4 102 Fuel consumption (gal/hr) for diesel engine equipment based on 0.056 gallons per Hp -hr • Pre -La Gra • nel Run (PLGR) Al A2 A3 A4 Grapnel Run Vessel Gra.nel Run Rate Gra.nel Run Distance, Se•ment 4 Gra.nel Run Distance, Se • ment 5 American Endeavour or equivalent (assume 800 hp) 0.9 nm/hr 3.4 km 1.8nm 3.4 km 1.8nm Vessel information - Grover Beach MND (2000); PDP Appendix F. Emissions Factors - Grover Beach MND (2000), AP -42, EPA Load Factors - Grover Beach MND 2000 Start K. 4303.6 ; 3 nm -line K. 4300.2 ; from RPL Version 4 Start K. 4303.6 ; 3 nm -line K. 4300.2 ; from RPL Version 4 Main La Cable Shi • Arrival/Cable Landin • B1 B2 B3 Main Lay Vessel Arrive and on Station Cable Landin • on Station Dock Express or Equivalent 12 hours/se • ment 10 hours/se • ment Vessel information - Grover Beach MND (2000) Emissions Factors - Grover Beach MND (2000), AP -42, EPA Load Factors - Grover Beach MND 2000 Main La Cable Shi s Cable La Cl C2 C3 C4 Main Lay Vessel Plow Rate Plow Distance, Se • ment 4 Plow Distance, Se•ment 5 Dock Express or Equivalent 1.0 km/hr 0.54 kts/hour 3.4 km 1.8 nm 3.4 km 1.8 nm Vessel information - Grover Beach MND (2000) Emissions Factors - Grover Beach MND (2000), AP -42, EPA Load Factors - Grover Beach MND (2000) Start K. 4303.6 ; 3 nm -line K. 4300.2 ; from RPL Version 4 Start K. 4303.6 ; 3 nm -line K. 4300.2 ; from RPL Version 4 ROV Post -La Burial (> 20 meters de i th) D1 El PLIB within 3 nm along route PLIB Inshore of 20 meters None Assumed based on substrate identified on marine geophysical surveys and burial feasibility study. Revisit assumption after completion of marine biolo • ical surve s. ROV Post -La Burial (<20 meters de • th) See worksheet 2 For support vessel operations for jetting inshore of the plow run (i.e., shallower than 20 meters . Appendix C Mitigation Monitoring Plan (Adopted 12/18/01) Note: Areas of likely amendment regarding directional drilling are highlighted. TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling Al Plan, Development and Use Requirements Condition of Approval: Continuing use of the Project shall conform to the applicable submitted plans and the Mitigation Monitoring Program reviewed and approved by the City Council for a single landing site at 2nd Street, utilizing direct burial method of installation and the requirement that the grounding beds on the beach be located a minimum of 100 feet from the nearest residential property line. The Second Street alignment shall be as shown in the EIR for cable installation. The Greenbelt between Second Street and Herondo Street shall be part of this alignment and shall be used temporarily for the operation of construction equipment to bore across Herondo Street. The beach manhole shall be relocated on project plans so as not to interfere with existing residential parking west of Beach Drive. The final plans shall be subject to review by the Directors of Public Works' and Community Development. Language Change needed to allow boring. A2 Condition of Approval: 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. Yes ' A3 Condition of Approval: 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. Yes A4 Condition of Approval: Prior to issuance of construction permits, the lease shall be fully executed and in effect for use of city owned property in connection with the Project. Yes A5 Condition of Approval: 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. Yes A6 • Condition of Approval: 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. Yes A7 Condition of Approval: Pursuant to Section 17.50 of the Zoning Code, the Precise Development Plan/Planned Development Permit shall be null and void within eighteen months from the date of execution of the lease agreement unless construction permits have been obtained. Yes B1 Marine Use, Land Use, And Recreation 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. Yes 132 Mitigation Measure #MU/LU/R-2: Similar to the Notice to Mariners, TyCom will provide notice to the Department of Conservation, the U.S. Navy, the CCC, and the Cities of Hermosa Beach and Yes 1 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions • Applicable to Project with directional Drilling Redondo Beach two weeks before commencement of marine cable installation. The notice will be kept current (every two weeks) and will include the location of the work site; the size and type of equipment that will perform the work; associated guard ships; name and radio call signs for working vessels, if applicable; and telephone numbers of onsite contact representatives and the schedule for completing the project. B3 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-water line to the 1,800-meter (5,904-foot) water depth, to the Department of Conservation, the U.S. Navy, the CCC,and the Cities of Hermosa Beach and Redondo Beach. The fiber optic cable location will be recorded using a differential Global Positioning System (GPS), with the transponder mounted on the equipment (cable plow or remotely operated vehicle [ROV]) used for burial. Yes B4 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 in locations where the seawater depth is equal to or less than the 1,200-meter (3,936 feet) seawater depth mark to verify that the alignments have remained buried consistent with the as-built plans detailed in Mitigation Measure #MU/LU/R-3. The survey will be conducted within the jurisdiction of permitting agencies for this project. If the survey shows that the alignments are no longer consistent with the as-built cable plans detailed in Mitigation Measure #MU/LU/R-3, TyCom shall, within 30 days of survey completion, submit to the Community Development Director for approval a plan to remedy the discrepancies with the as-built plants. Yes B5 . 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. The cable system and all associated improvements shall be removed from the beach manhole out past the end of the pier and to a water depth level of seven meters below mean lower low water level. (mllw) Need to revisit whether or not removal of cable under beach and nearshore is feasible or necessary 136 Mitigation Measure #MU/LU/R-6: TyCom will protect public safety by preventing public access to the marine construction zone using barriers, buoys, or other controls. TyCom will also coordinate with County Lifeguards and the City's Public Works Director to ensure that TyCom implements all necessary public safety measures. Yes B7 Mitigation Measure #MU/LU/R-7: TyCom will compensate for the displacement of public use of the beach by providing monetary compensation to fund beach-related improvements that is being negotiated with the City of Hermosa Beach as part of a lease agreement. The compensation will Yes TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling be greater if beach or other public access is displaced during peak beach season between Memorial Day and Labor Day. The money will be placed into a City fund that will be earmarked for enhancement of public recreation facilities within the Coastal Zone. The money may be used for projects such as public restrooms, improvements to pedestrian access, and improvements to beach entrances and pier facilities. B8 - Mitigation Measure #MU/LU/R-8: Construction of the project will be scheduled to avoid construction during peak summer use of the beach and in areas where access to the beach would be affected, such as the manhole area and nearshore [within 300 yards (274 meters) of the beach] marine recreation area, except as otherwise authorized by the City and the CCC. Yes B9 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 the City and the CCC's 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 be responsible for achieving an initial burial depth of at least three meters on the beach, 2 meters in the surf zone and 1 meter beyond the surf zone. TyCom shall be responsible for achievinga reburial depth of 1.6 meters on the beach and 1.6 meters in the surf zone and one meter beyond the surf zone. The reburial requirement will be triggered when the cable becomes exposed or is within .5 meters of the surface on the beach or in the surf zone. In addition, TyCom shall maintain adequate slack in the cable pay out of the manhole during the initial installation, in the event the cable later becomes exposed on the beach, along the shoreline or out a distance comparable to the end of the pier and reburial of the cable is required. The City, at its discretion, shall have the ability to require TyCom to again bury the cable at its initial burial depth at the lowest sand migration period of the year to ensure future exposure of the cable is minimized. Prior to such reburial, a reburial plan shall be submitted to the City for review and approval and TyCom shall obtain all required applicable permits. No B10 Mitigation Measure #MU/LU/R-10: To assist the City with future development, TyCom will submit detailed engineering (plan, profile, and cross-section) as -laid plans of the nearshore and beach areas (30 -meter seawater 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 the City of Hermosa Beach. The cable location shall be recorded to national map standard accuracy. The Yes TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling as-built plans will depict the shoreline and existing municipal facilities accurately. B11 Mitigation Measure #MU/LU/R-11: TyCom will fence the staging area and cover it with screening acceptable to the Community Development Director to prevent public access and reduce the visibility of construction activities. Yes B12 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 before the commencement of construction to alert these municipalities that a portion of the beach will be closed, to advise of the length of time it will be closed, and to provide a telephone number for answers to questions regarding the project. This notice will be updated weekly during construction. Yes B13 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. The relocation of these facilities will be coordinated with the City of Hermosa Beach and the County of Los Angeles Lifeguards. After construction is complete, the facilities should be placed back in their pre-project locations or the new locations based on direction from the City of Hermosa Beach and County of Los Angeles Lifeguards. In addition, the swing sets will be replaced by TyCom as they will not survive the move. Yes B14 Mitigation Measure #MU/LU/R-14: One month before commencement of construction, TyCom will coordinate with Caltrans, County of Los Angeles Lifeguards, and the City of 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, to indicate the length of time it will be closed, and provide a telephone number for answers to questions regarding the project. Notice also will be given to local residents through and announcement in The Beach Reporter and on the City of Hermosa Beach's Web site. The notice will be updated weekly during project construction. Two weeks prior to beach staging area development, TyCom will notify volleyball players of the project by posting notices to be approved by the Community Development Director. Yes B15 Mitigation Measure #MU/LU/R-15: TyCom will ensure that access to The Strand is not disrupted for more than 4 hours at any location. Detours to maintain access will be marked and designed to protect public safety in a manner approved by the Director of Public Works. TyCom will not require detours on weekends. Yes B16 Mitigation Measure #MU/LU/R-16: Before initiating construction, TyCom will coordinate with Yes TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling the City of 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 a manner approved by the Director of Public Works. The signage also will alert bicyclists and vehicular traffic of the need to exercise caution. B17 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 maintained to the maximum extent feasible to allow bicyclists to continue to use the road or provide detours or alternate routes in a manner and location approved by the Director of Public Works.. Yes B18 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 in a manner and location approved by the Director of Public Works, and will comply with all municipal and state traffic control guidelines. Pedestrians and bicyclists will be guided before and separately from the motor vehicles. Yes B19 Mitigation Measure #MU/LU/R-19: Upon completion of construction, the project applicant will repair all pedestrian bicycle lanes that have been damaged by the construction process to City standards (or other jurisdictional standards such as the Caltrans, if applicable) in a manner and location approved by the Director of Public Works.. Yes B20 Mitigation Measure #MU/LU/R-20: TyCom will maintain access to neighborhood businesses including parking lots at all times during project construction in a manner and location approved by the Director of Public Works. In addition, businesses and residents will be notified by TyCom in writing of any construction directly in front of their properties. Yes Cl Geology/Soils/Min eral Resources Mitigation Measure #G-1: All components will be appropriate seismic design standards, including but not limited to the City -approved standards as prescribed in the construction permit. Yes C2 Mitigation Measure #G-2: No action is required along the route. If any alterations are made to the route aligning within 50 feet (15 meters) 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. Yes See 119 Mitigation Measure #G-3: TyCom will develop a Burial Mitigation and Monitoring Plan that will No 5 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling describe in detail how TyCom will ensure that the cable and the associated components stay buried in the shoreline area. It also will specify a 24-hour TyCom contact for the City as well as a response plan in case the cable becomes unburied. The Plan shall be submitted to the City of Hermosa Beach Community Development Director. Approval by the Director will be required before issuance of the City's construction permit. (Note: See explication for G-3 in Attachment A.) C3 Mitigation Measure #G-4: Trench backfilling will begin immediately after the cable is placed in the trench. Backfill material (sand) will be compacted to eliminate erosion and sand settlement in conformance with the specifications of the City of Hermosa Beach, in a manner approved by the Hermosa Beach Director of Public Works and when in the City of Redondo Beach in a manner approved by the Redondo Beach Director of Public Works. Monitoring activities are included in Mitigation Measure #G-3. Yes , ?? Mitigation Measure #G-5: Accidental collision with an oil or gas well is highly unlikely. However, if the route collides with an offshore well (out to 3 statute miles), the immediate area will be evacuated and 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. Yes Dl Water Resources 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 and will include the following information at a minimum: purpose of the plan, hazards assessment, spill prevention and containment, emergency response procedures, closing of the spill incident, and a spill notification contact list. This document will contain preventive measures and procedures to be followed in the event of a spill, either onshore or offshore. Yes D2 Mitigation Measure #W-2: The primary work vessel will carry onboard a minimum of 122 meters (400 feet) of sorbent boom, five bales of sorbent pads at least 45 centimeters by 45 centimeters (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. Yes D3 Mitigation Measure W-3: Ballast water will not result in the discharge of ballast in waters less than the 22.2 km offshore (12 nautical miles [nm]) limit of the territorial seas. If any ballast water is discharged beyond the territorial seas, then the location of the vessel and volume discharged will be documented and will be in compliance with applicable MARPOL and USCG regulations. Yes 6 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling Copies of ships' logbooks will be available to the USCG or other agencies. D4 Mitigation Measure W-4: Vessels will not discharge untreated sewage into marine waters. Vessels must be equipped to collect, contain or treat waste products. Vessels will not discharge bilge waters 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. Yes D5 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. Yes D6 Mitigation Measure #W-6: The proponent will develop and implement a SWPPP that identifies BMPs to be used during all construction activities. The SWPPP will include the following information: purpose, facility design, construction method, erosion and sediment control measures, erosion and sedimentation control measure practices and implementation, maintenance and repair, and work schedule. Yes El Marine Biological Resources • Mitigation Measure #MB -I: If the intertidal beach work occurs in March through August, a biologist will monitor the beach within 30 meters (98 feet) 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 -tide within the two weeks before installation. If a spawning event occurs during the two weeks before construction activities, additional monitoring would be conductedduring 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 the CDFG's predicted grunion spawning run schedule (see www.dfg,ca.gov/mrd/). A qualified biologist willdetermine the day on which the construction can begin again after a spawning event. No E2 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 mortality of slow-growing organisms that take longer than one year to recover within the jurisdictional limits of relevant permit authorities. These species may be found on high- or low -relief habitat within jurisdictional waters. It is estimated that the areas of impact will be limited to the width of the cable (5 centimeters [0.16 feet]) and the potential width of cable movement (15 centimeters [0.5 feet]) due to strong currents, for a total of 20 centimeters. • The CCC has imposed compensation fees on past Yes 7 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling projects in order to fund artificial reef construction. As cited in Consistency Certification No. CC -110-00 for the Global West Network, Inc., off the coast of California, the compensatory hard -bottom mitigation fee may be approximately $27.31 per meter of high -relief, hard -bottom substrate crossed by the project. As noted above, the maximum length of high -relief area crossed by both cables is 23.05 kilometers (14.32 miles). However, the total area of high -relief, hard -bottom substrate that supports soft corals or aggregate anemones likely will be significantly less than 23.05 kilometers (14.32 miles), based on the maximum depth range of such species and the physical characteristics of the hard -bottom substrate (i.e., scattered boulders instead of continuous rock reefs). A final determination of the amount of high -relief, hard -bottom substrate for fee purposes will be determined based on a review of the post -installation ROV video surveys conducted in accordance with Mitigation Measure #MB -12 (also referenced as Mitigation Measure #F-3 and #MU/LU/R-8). • E3 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. This protocol will be followed unless otherwise determined by the CCC in consultation with NMFS. The monitors will be aboard the ships during installation and repair activities that occur within the continental shelf boundary, thereby suitably encompassing the general area of whale activity in the project area. At least two monitors will always be on duty to comply with the monitoring requirements. Except possibly in emergency situations, the on -duty monitors will observe from the bridge of the vessel, where a 360° view of surrounding waters in ensured. In the event of an emergency situation, it may be useful to have one observer leave the bridge to obtain a better view of the unfolding situation. The strategic position of the monitors on the bridge will provide immediate lines of communication with the acting Vessel Master if a marine mammal is located. If an individual marine mammal approaches the work area, the monitors will have the authority to cease operations (stop the boat) until the animal leaves the area. If a collision occurs, Mr. Jose Cordaro, NMFS marine mammal stranding coordinator, will be contacted immediately. Yes 8 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling Mr. Dan Chia of the CCC will also be contacted. Agency contact requirements are discussed further in Mitigation Measure #MB -10. • E4 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. Yes E5 Mitigation Measure #MB -5: Support vessels will not cross in front of migrating whales. Yes E6 Mitigation Measure #MB -6: When paralleling whales, support vessels will operate at a constant speed that is not faster than the whales. Yes E7 Mitigation Measure #MB -7: Female whales will not be separated from their calves. Yes E8 Mitigation Measure #MB -8: Support vessels will not be used to herd or drive whales. Yes E9 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. Yes El0 Mitigation Measure #MB -10: Collisions with marine mammals or sea turtles will be reported promptly to the federal and state agencies listed below, pursuant to each agency's reporting procedures. Collisions with marine mammals also will be reported to NMFS, CDFG, the CCC, and the Marine Mammal Rescue Center (see Attachment B for contact information). Yes Ell Mitigation Measure #MB -11: As discussed in the project description (see Section 2), TyCom will bury the marine fiber optic cable to reduce the probability that fishing gear will become snagged. TyCom will bury the entire marine cable 1 meter below the seafloor for areas where the water • depth is less than 1,200 meters (3,936 feet), except where bottom features prevent burial. Where the seaplow cannot be used to install the cable, TyCom will direct -lay the cable and then bury it using an ROV. Yes . E12 Mitigation Measure #MB -12: TyCom will inspect the route immediately following installation, every 18 months thereafter (unless otherwise authorized by the relevant permit authorities), and after events that affect the cables for the life of the project to ensure that the fiber optic cables remain buried. The inspections will be conducted using an ROV with video and still cameras under the direction of a third party. Yes E13 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) within the jurisdictional limits of relevant permit authorities. Yes 9 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIRJFEIR and City Resolutions Applicable to Project with directional Drilling E14 Mitigation Measure #MB -14: TyCom will attempt to retrieve lost fishing gear within the jurisdictional limits of relevant permit authorities. Yes EIS 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. If a collision occurs, Mr. Cordaro will be contacted immediately (see also Mitigation Measure #MB -10). Yes Fl Fisheries Mitigation Measure #F-1: TyCom will advise commercial and recreational fishers of a definite work schedule two weeks in advance of installation. Yes F2 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 (3,936 feet), except where the bottom features prevent burial or as required by the CCC. Where the seaplow cannot be used to install the cable, TyCom will direct -lay the cable. TyCom then will attempt to bury the cable using an ROV where seabed conditions appear to be favorable for ROV burial. Yes F3 Mitigation Measure #F-3: Unless otherwise permitted by the 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 within jurisdictional limits of relevant permitting agencies. The inspections will be limited to water depths less than 1,200 meters (3,936 feet) and will be conducted using an ROV with video and still cameras under the direction of a third party. Yes See B9 Mitigation Measure #F-4: 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), within the jurisdictional limits of relevant permitting agencies. Yes F4 Mitigation Measure #F-5: Commercial fishers will be compensated for the fishing gear (including anchors) that is damaged or lost during installation or that becomes snagged on the marine cables attributable to TyCom's facility within the jurisdictional limits of relevant permitting agencies. If a fisher suspects that he or she has snagged a cable, he or she will be able to consult the nautical charts or other information such as electronic charts supplied by TyCom, and identify whether he or she is located near a submarine cable owned by TyCom. If based on nautical charts and Yes 10 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling navigational equipment, such as Long -Range Aid to Navigation (Loran) or a Global Position System (GPS; standard features on commercial fishing vessels), a fisher concludes that a snag is due to TyCom's cable, TyCom requests the fisher to cut his/her gear to free himself or herself from the snag and will compensate the fisher for the reasonable cost of the sacrificed gear. The compensation will be in the amount of 150% of the replacement cost of the lost gear. The 150% value will compensate the fisher for the lost gear, the catch that may have been in the gear at the time of loss, and the lost opportunity to fish from the time that the gear is lost to the time that it is replaced. The fisher will be required to provider reasonable evidence of the loss such as a written statement and receipts. F5 Mitigation Measure #F-6: TyCom will attempt to retrieve lost fishing gear attributable to TyCom's facility immediately within the jurisdictional limits or relevant permitting agencies. Yes F6 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. Yes G1 Terrestrial Biology Mitigation Measure #TB -1: Measures agreed to by the applicant will be implanted to minimize impacts to common wildlife: If left open overnight, holes, trenches, pits, and tanks either will be covered or fenced temporarily to prevent entry; and open holes, trenches, pits, and tanks left overnight will be monitored by construction personnel at the start of construction the next day to determine whether trapped wildlife are present before hole closure. Yes G2 Mitigation Measure #TB -2: TyCom will conduct pre -construction 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 an active raptor nest is identified during the surveys, then, in consultation with CDFG and USFWS, TyCom will establish a no -construction zone around the nest minimize potential impacts to nesting activities. No construction will take place within the no -construction zone until the breeding season (i.e., March to August) is completed or subsequent raptor surveys confirm that all offspring have fledged and no new nests have been established. Yes 111 Cultural Resources Mitigation Measure #CR -1: TyCom has agreed to conduct enhanced monitoring for all soil- disturbing activities from Fifth Street south to the TyCom Cable Station, in a manner approved by the Director of Community Development and Director of Public Works. This enhanced monitoring will entail a standard archaeological monitoring procedure, but also will require that trenches remain open so that a qualified geoarchaeologist and archaeologist can map any Yes 11 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling stratigraphic units visible in the sidewalls of excavations. In areas where the archaeological monitor determines deposits to be disturbed, or culturally sterile, this process will be abandoned. If unrecorded archaeological resources are discovered, a salvage plan will be developed. If human remains are discovered, TyCom will apply the following procedures: work will cease immediately in and near the site, and a coroner will be contacted; the contractor will await authorization to resume work from the City of Hermosa Beach, in consultation with the coroner or a Native American representative, if applicable; and the coroner will make a determination as to how to proceed. An archaeologist will also document both preconstruction and post -construction conditions of The Strand and The Strand wall where TyCom proposes to cross it near Second Street and near Longfellow Avenue. Archaeologists also will monitor any cutting or removal of The Strand wall to document its current construction. 112 Mitigation Measure #CR-2TyCom has agreed to conduct standard archaeological monitoring for all soil -disturbing activities north of Fifth Street in Hermosa Beach, in a manner approved by the Director of Community Development. Standard archaeological monitoring procedures will require that a qualified archaeologist oversee all subsurface intrusions. The archaeologist will record and inspect any prehistoric or historic archaeological materials that may be encountered. In areas where the archaeological monitor determines deposits to be disturbed, or culturally sterile, this process will be abandoned: Standard archaeological recording procedures will be followed, and in the event of unanticipated discoveries, a salvage plan will be developed according, to the findings and.consultation with a qualified third -part archaeologist, Native American monitors, and the City of Hermosa Beach. If human remains are discovered, TyCom will follow the procedures described in CR -1 above. No H3 Mitigation Measure #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, in a manner approved by the Director of Community Development. The additional surveys will include the simultaneous use of high-resolution sidescan sonar and a magnetometer from approximately the 20 -meter (66 -foot) water depth to the 200 -meter (656 -foot) water depth along both marine routes. The magnetometer will be towed at speeds less than 5 knots and at a height no more than 6 meters (20 feet) from the seafloor. The speed, height, and location of the survey equipment will be recorded. A qualified marine archaeologist will be onboard the survey vessel and will prepare a report documenting the results of this initial magnetometer survey. 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 (328 feet)in a Yes 12 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling manner approved by the Director of Community Development H4 Mitigation Measure #CR -4: The initial magnetometer survey described 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 [328 feet]) due to physical, chemical, and biological conditions. If the magnetometer survey does not reveal potential shipwrecks that were not already identified by sidescan sonar previously conducted by TyCom, then this would increase the confidence in the sidescan sonar data and no further surveys would be required. If, however, the initial magnetometer 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 (3,936 feet) would have to be surveyed with a magnetometer. This additional magnetometer survey would be directed by a qualified marine archaeologist. 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 (328 feet) in a manner approved by the CCC. Yes I1 Noise Mitigation Measure #N-1: The applicant will limit construction to 8 a.m. to sunset, Monday through Friday for the beach segment of the project: and for other segments of the project, as permitted by the Director of Public Works and the CCC. Construction hours may be modified by the Public Works Director, as needed. Yes • 12 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. Yes 13 Mitigation Measure #N-3: The applicant will notify residences and commercial buildings adjacent to the proposed construction by mail at least two weeks prior to construction. This notice would include a brief project description, the estimated level of noise, and hours of operation. Yes I4 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 for review and approval. This plan will detail how the equipment noise will be muffled. Yes Jl Transportation Mitigation Measure #T-1: 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, before operations so that they may re-route emergency and service vehicles around the construction zones. Yes J2 Mitigation Measure #T-2: Delivery of construction materials to individual work sites on state Yes 13 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling highways and city streets will 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.). J3 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 for approval before beginning construction. Copies of the approved traffic control plans shall be on during construction. Yes J4 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. Yes See Jl Mitigation Measure #T-5: 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, and the Los Angeles County MTA, before initiating construction so that they may ensure that there is adequate emergency access around the construction zones. Yes J5 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 in a manner approved by the Director or Public Works.. Yes J6 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. The plan will show how the construction operation will minimize parking impacts. Yes J7 Mitigation Measure #T-8: A Notice to Mariners will be issued two weeks before construction. Yes J8 Mitigation Measure #T-9: The applicant shall notify USCG and VTS of dates of construction, and potential dates of crossing traffic lanes. Yes KI 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 could 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. \ Yes K2 Mitigation Measure #A-2: The following mitigation measures would reduce NOx emissions from vessel engines and will be implemented as the 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: fuel injection timing retard of 2° on diesel -powered vessel engines, and maintenance of equipment in tune to manufacture's specifications. Yes K3 Mitigation Measure #A-4: A feasible mitigation measure is acquisition of emission credits for out Yes 14 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling to three nautical miles only to further reduce NOX and SO2 emissions that have been created in SCAB. K4 Mitigation Measure #A-5: Use ARB on -road diesel fuel to reduce ROC emissions for terrestrial vehicles only. Yes K5 Mitigation Measure #4-6: The applicant would implement a comprehensive maintenance program for vessel diesel engines, to reduce CO emissions. Yes K6 Mitigation Measure #21-7: The applicant will use clean diesel fuel having a maximum sulfur content of 15ppm; OR Mitigation Measure #A -7a: The applicant will acquire emission credits out to three nautical miles. Yes Ll Hazardous Materials (including oil spills) 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. At a minimum, the plan will include the following standard operating procedures (SOPs) for spill prevention: hazard assessment, spill prevention and containment, emergency response procedures, and closing the spill incident. TyCom will also prepare a Hazardous Materials Business Plan for operations at the Cable Station. The business plan will be submitted to the city of Redondo Beach. Yes L2 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. Yes L3 Mitigation Measure #H-3: Construction equipment will be maintained and kept in operating condition to reduce the likelihood of line breaks and leakage. Any vehicles with chronic or continuous leaks will be removed from the construction site and repaired before being returned to operation. Yes L4 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. Any fluids drained from equipment will be collected in leak -proof containers and taken to an appropriate disposal or recycling facility. Yes L5 Mitigation Measure #H-5: Hazardous materials used at the staging area will be stored in the Yes 15 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling proper storage containers and will have sufficient secondary containment to contain any potential spill. L6 Mitigation Measure #1I--6: Human waste at the construction area will be disinfected. Portable chemical toilets will be used. The toilets will not be placed near environmentally sensitive areas. A commercial vendor will maintain the self-contained chemical toilets in good working order to ensure that there are no leaks and will pump the toilets as necessary to prevent overflow. The vendor will be responsible for off-site disposal of the wastes. Yes L7 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. Yes L8 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. The appropriate disposal method will depend on the type of waste generated. Waste oils and other wastes considered hazardous in California will be transported by an RCRA-certified treatment, storage, and disposal facility (TSDF) and disposed at a Class I hazardous waste landfill, such as Kettleman'Hilis. Yes L9 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 (e.g., stained soil or odor). Yes L10 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. Yes L11 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). The HSP will identify physical and chemical hazards that could result from proposed operations. Yes L12 Mitigation Measure #H-12: The construction crew will be trained on safety measures regarding trenching and excavation, work zone safety CPR, spill prevention and control, and driving safety. Yes See J1 & A2 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 Yes 16 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling Beach for approval before beginning construction. Copies of the approved traffic control plans shall be on site during construction. L13 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. Yes L14 Mitigation Measure #H-15: TyCom will identify all utilities before construction, using utility locator services. Yes L15 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. Yes L16 Mitigation Measure #H-17: The Cable Station will be equipped with an automatic protection system to prevent power surges. Yes L17 ' Mitigation Measure #H-18: To avoid collisions, 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. Fishers are required (47 USC 25) to remain 1 nautical mile (1.85 kilometers) from cable - lay vessels during cable lay operations. Yes L18 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. Before the cable lay begins, the plan will be submitted to OSPR as required by regulations amended in December 1999. The SOPEP will comply with MARPOL Annex.1 and will include, at minimum, the following information: purpose of the plan, hazards assessment, spill prevention and containment, emergency response procedures, closing of the spill incident, and spill notification contact list. If the vessel has an emergency, its SOPEP emergency procedures will be in effect, which will include immediate notification to USCG to report the emergency and request assistance. Yes L19 • 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 evacuation procedures, and will require adherence to the ship's oil spill response plan. Yes L20 Mitigation Measure #H-21: The primary work vessel will carry on board a minimum of 122 Yes 17 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling meters (400 feet) of sorbent boom, five bales of sorbent pads at least 45cm-by-45cm (18in-by- 18in) square and a small powered boat for rapid deployment to contain and clean up any small spill or sheen on the water surface. L21 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. The capacity of the oil spill response vessel and its location will comply with the OSPR regulations amended in December 1999. Yes L22 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. Yes Aesthetics Mitigation Measure #A-1: The applicant will minimize visual impacts of beach staging areas with berms and fences. A chain-link, approximately 6 feet (1.8 meters) to 8 feet (2.4 meters) tall, will surround the beach staging area, and will be covered with privacy screening. The type of screening will be approved by the Community Development Director and Public Works Director before authorization. Yes M1 Public Utilities / Services Mitigation Measure #PU/S-1: Before issuance of construction permits, the applicant will 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. The information shall include times, the designated cable route, and dates. Yes M2 Mitigation Measure #PU/S-2: The applicant will work with local police and fire departments and utility service providers, and prepare and implement an Emergency Response Plan. This plan will include provisions for a confined space rescue team. Yes M3 Mitigation Measure #PU/S-3: Before issuance of construction permits, the applicant shall submit detailed maps of the proposed cable route to utility providers and agencies. If the route crosses existing utility lines, the applicant shall coordinate with utility providers and the 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. Yes M4 Mitigation Measure #PU/S-4: The applicant will coordinate with utility providers, locate utilities, and pothole as necessary to avoid disrupting utilities, thereby minimizing the risk of accidental striking. Yes M5 Mitigation Measure #PU/S-5: The applicant will comply with State and Federal laws concerning Yes 18 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling location of cable relative to other utilities. M6 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. Yes M7 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. Yes M8 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 the original lifeguard towers at Second Street. No M9 Mitigation Measure #PU/S-9: The applicant shall identify beach tower communication lines and avoid striking during beachfront construction. The applicant shall relocate the lines with the lifeguard towers, so that communication and beach safety are maintained. Yes MW Mitigation Measure #PU/S-10: The applicant shall provide mockup designs of the proposed fencing around the beach construction area to Los Angeles County Lifeguards to ensure that visibility from the lifeguard towers is maintained. Yes Construction and Phasing Ni Condition of Approval: 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. Yes N2 Condition of Approval: TyCom shall coordinate in the preparation of a Construction Operation Plan and Program. Said plan shall be reviewed and approved prior to the issuance of construction permits by the Director of Public Works. The plan shall incorporate the following: • Specifications for fencing of the site and construction staging areas evaluated to ensure maximum screening of views to site and aesthetic concerns. • Limitations on construction activities by date and hour. • A scaled plan that depicts pedestrian circulation routes and demonstrates the maintenance of safe and open access to the beach, The Strand, and the greenbelt during project construction. &Yes, but modified for bore site. N3 Condition of Approval: 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 notsignificantly impacted by project construction. Yes 19 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIR/FEIR and City Resolutions Applicable to Project with directional Drilling N4 Condition of Approval: 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). Yes N5 Condition of Approval: 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. Yes N6 Condition of Approval: 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. Yes N7 Condition of Approval: TyCom shall be responsible to restore all work within City streets, greenbelt and right of way to its pre-construction condition or better. TyCom shall also be responsible for providing funds to the City of Hermosa Beach in the amount of $275,000, as detailed in the approved easement agreement, to be used for repaving of Second Street from The Strand to Valley Drive. In addition, TyCom shall be responsible for providing upgrades to that portion of the greenbelt affected by the cable installation in an amount directed by the City Manager to achieve the originally approved landscape plans dated 5-1-98 (CIP 96-508) for that portion of the greenbelt. TyCom shall also be responsible for slurry sealing (slurry seal and crack sealing) the entire width and length of all other affected streets, 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. Yes Certifications 01 Condition of Approval: An acceptance of conditions form shall be executed by TyCom and submitted to the Community Development Department prior to issuance of construction permits. Yes 02 Condition of Approval: 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. Yes 03 Condition of Approval: The PDP and this Resolution shall be recorded, and proof of recordation shall be submitted to the Community Development Department Yes 04 Condition of Approval: 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. Yes . 20 TyCom Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Verbatim Mitigation from DEIR/FEIR and City Resolutions Condition of Approval Category Condition of Approval or Mitigation Measure Resource Topic Mitigation From DEIRJFEIR and City Resolutions Applicable to Project with directional Drilling 05 Condition of Approval: 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. Yes 06 Condition of Approval: 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 Yes 07Condition of Approval: The Project shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of TyCom to cease any development or activity not in full compliance shall be a violation of these conditions. Yes 08 Condition of Approval: 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. Yes 21 Attachment A Mitigation Measure G-3, Explication of Burial Plan requirements NOT APPLICABLE TO DIRECTIONAL DRILLING -INSTALLED CABLE At minimum, the [Burial] Plan will incorporate the following measures: A. It will be necessary to establish control data to use as a basis for future monitoring. TyCom will survey a profile along both alignments and will compare these data to measurements taken at the Hermosa Beach Pier. The fluctuation of sand over time relative to both sites and the pier will be the benchmark. Monthly surveys of the routes will be conducted from October 2001 to May 2002. Elevations will be surveyed along the cable routes at 75 meter (246 foot) intervals between The Strand wall and the 5 -meter (16.4 foot) contour. Between the 5 -meter and 15 -meter (16.4 foot and 49.2 foot) contour, survey intervals will be increased to 200 meters (656 -feet). Additionally, sand levels will be measured at 25 -meter (82 foot) intervals along the Hermosa Beach Pier from the beach to the end of the pier. B. It will be necessary to monitor sand migration for the first two winters to determine whether and when the sand cover is reduced to less than 0.5 meter (1.6 feet). Monitoring will determine when remedial activities must be undertaken. Monitoring will consist of surveying and monitoring the sand elevations at certain locations and at certain intervals along both submarine cable routes and at the Hermosa Beach Pier as described below. During the first winter (November through March), sand elevations will be measured monthly at the locations and intervals described above. Additionally, sand elevations will be measured after large storms in which waves exceed 3.5 meters (11.5 feet) for a period of more than 8 hours as measured by the Coastal Data Information Program. ii. During the second winter (November through March), sand elevations will be measured monthly at the locations and intervals described above. iii. After the second winter, for the life of the project, sand measurements will be taken annually during January or February, when sand levels are typically at their lowest. These sand measurements will be taken only at the Hermosa Beach Pier. The measurements will be compared to the data collected during the three previous years to determine whether measurements along the cable alignments are needed. If the sand levels at the pier are found to be lower than, any of the previous years' measurements, sand levels will be measured along both, cable alignments. iv. Additionally, after major storm events (defined as having waves that exceed 4.3 meters [14.1 feet] for a period of more than 8 hours as measured by the Coastal Data Information Program), if normal monitoring is not scheduled, sand level measurements will be taken. C. This section will apply to the cables in the nearshore area between the beach manhole and the 10 -meter (32.8 -foot) contour water depth point. i. TyCom will contract with a local marine contractor to provide on-call response burial services until retirement of the project. This contract will allow timely response to rebury the cables if necessary. ii. If the sand cover over the cables is reduced to a depth of less than 0.5 meter for a distance of more than 40 meters (131 feet), TyCom will initiate activities to rebury the cables to a depth of 1 meter (3.3 feet) below the elevation at the time of the reburial. If at any time the cables become exposed, TyCom will take immediate action to rebury the cables to a depth of 1 meter (3.3 feet) below the elevation at the time of the reburial. 22 iii. Immediately upon notification by others or discovery by TyCom of a shallow cable (a cable with less than 0.5 meter [1.65 feet] of cover over a distance of more than 40 meters [131 feet]), TyCom initiate activities necessary to rebury the cable. The cables will be reburied to a depth of 1 meter (3.3 feet) below the elevation at the time of the reburial. Work will begin as soon as it is safe to do so depending on weather and sea conditions. iv. Because a storm event may cause sand to migrate away and then return in a very short time (a few days), sand measurements will be taken be -fore the commencement of the reburial operation. If the sand level is once again more than 0.5 meter (1.6 feet) above the cable, the reburial activities will not necessarily be performed. v. Immediately upon notification or discovery by TyCom of an exposed cable, TyCom will initiate activities necessary to rebury the cables. The cables will be reburied to a depth of 1 meter (3.3 feet) below the elevation at the time of the reburial. The forces will begin work as soon as it is safe to do so depending on weather and sea conditions. vi. Between the times when the exposed cable is discovered and the reburial is completed, TyCom will provide an on-site safety person to warn those in the vicinity of the exposed cable. The safety person will see that buoys are placed as warning devices and/or will remain on site to warn individuals in the vicinity. 23 Jose Cordaro or Tina Fahy National Marine Fisheries Service Long Beach, CA 90802 (310) 980-4017 Dan Chia or Marine Carzola California Coastal Commission 45 Fremont, Suite 2000 San Francisco, CA 94105 (415) 904-5200 F:\B95\CD\TyCom\MMP revised 1-29-02.doc Attachment B Mitigation Measure MB -10 Contact Information Enforcement Dispatch Desk California Department of Fish and Game Long Beach, CA 90802 (909) 597-9823 (916) 445-0045 (during non -business hours) Marine Mammal Rescue Center 389 North Hope Avenue Santa Barbara, CA 93110 (805) 687-3255 24 RE ENV'S JUN 0 5 2002 COM. DEV. DEPT Tyco Telecommunications Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Amendment of Planned Development Permit/Precise Development Plan (PDP) Issued by the City of Hermosa Beach on December 18, 2001 Executive Summary (4/22/02) The City of Hermosa Beach (City) approved a planned development permit/precise development plan (PDP), granted a lease, and certified an Environmental Impact Report (EIR) for the Tyco Telecommunications Transpacific Fiber Optic Cable and Hermosa Beach Landing Project (project) on December 18, 2001. The approved project was based on a trenched landing (also called a direct landing) to install the fiber optic cable under the beach and in the nearshore area. Because of concerns expressed by the California Coastal Commission (CCC), Tyco Telecommunications is now proposing a change in the construction method for the portion of the project between 2nd Street at Hermosa Avenue and the point offshore at which water depth reaches 43 feet (13 meters). The applicant is proposing to amend its existing PDP to allow horizontal directional drilling (HDD) instead of a direct landing at 2nd Street and immediately offshore. HDD is a process of boring that allows the bore to be steered. The proposed change will affect terrestrial construction between Hermosa Avenue and the shoreline and marine construction between the shoreline and the 43 -foot (13 -meter) water -depth contour, a distance of approximately 3,300 feet (1,000 meters). An amendment to the existing PDP was submitted to the City on April 15, 2002 which describes the proposed drilling activity in greater detail Tyco Telecommunications has also prepared a draft addendum to the certified EIR that analyzes the environmental effects of the proposed drilling activity. The primary potential effects of directional drilling are construction noise, traffic and parking, air quality, aesthetics, and water quality. Tyco Telecommunications has proposed best management practices (BMPs) to reduce the effects of the drilling activity on noise, traffic, parking, air quality, aesthetics and water quality (see Table 1). The analysis in the addendum of these and other California Environmental Quality Act (CEQA) subject areas concludes that the proposed construction methods, in combination with previously adopted mitigation measures, would result in no new significant environmental impacts and no substantial increase in the severity of previously identified significant impacts. Tyco now proposes to install the cable system in September and October of 2002. Mobilization is proposed immediately following Labor Day. This schedule is proposed to avoid disruption of City streets or the beach area during the peak summer period (See Table 2). 1 Telecommunications April 22, 2002 J&S 01-291 Table 1 Best Management Practices for HDD at 2nd Street Boring Site (Between Hermosa Avenue and Beach Drive) BMP Resource Topic Description SCHED-1 All N1 Noise N2 Noise N3 Noise N4 Noise Al Air Quality A2 Air Quality A3 Air Quality P1 Parking T1 Traffic WQ1 Water Quality WQ2 Water Quality Drilling operations will be conducted outside of peak season (Memorial Day to Labor Day). A temporary sound barrier will be erected around the bore site. The barrier will be constructed of %' plywood and 2x4 stud construction, and will be 8' tall. Sound blankets will line the plywood. The engines that drive the pumps and HDD rig will be encased in plywood or other sound -dampening material. Mufflers will be in place on the main engines on the drill rig. Work Hour Restrictions — HDD boring operations will be limited to 8:00 a.m. to sunset, Monday through Friday. Low -sulfur diesel fuel (< 15 ppm) will be used for horizontal drilling equipment, if feasible. Exhaust stacks from drilling rig and mud unit will be directed upward to enhance dispersion and reduce potential for localized odors. Offset credits will be obtained for any emissions of NOx over the SCAQMD daily thresholds. Parking: The bore site will occupy six metered parking spaces during the operation. Arrangements will be made with the City for alternative parking. A traffic control plan for the bore site will be prepared and submitted to the City for approval prior to beginning construction. Site Containment: Sand bags or straw bales will be used at appropriate locations to ensure that no fluids are allowed to run off the site into storm drains or other receptors. HDD Drilling -Fluid Monitoring: An HDD drilling -fluid monitoring plan has been developed for the project and will be implemented (see Appendix C). Table 2 Construction Schedule Activity Approximate Duration/Date Mobilization Horizontal Directional Drilling Terrestrial Route Construction Marine Route Construction (within 3 nm) two Telecommunications 2 September 3, 2002 4-6 weeks 6-8 weeks 2-4 weeks April 22, 2002 J&S 01-291 Tyco Telecommunications - Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Key Differences Installing Cable by Trenching Vs. Directionally Drilling Direct landing (i.e. trenching) Directional Drilling Subject at beach west of 2nd St. From 2nd Street b/w Beach St & Hermosa Ave. CONSTRUCTION Effects on Beach/Nearshore Recreation Temporary disruption (7-10 days) during staging, trenching, landing, and OGB installation. Periodic crossing of Strand by equipment. Temporary nearshore marine disruption for several days during jetting activity. Temporary disruption (3-5 days) during OGB installation. Limited crossing of Strand by equipment. Temporary marine recreation disruption during bore punch -out and jetting, but at point 900 meters offshore. Effects on 2' St. Users — Noise Temporary (1-3 days at any 1 location) construction noise along terrestrial route. Noise levels (with assumed mitigation of 10-15 dBA) estimated at 64 — 69 dBA at 100 feet. Beach goers using 2' St. access at Strand, public users of adjacent businesses, and residents (b/w Hermosa and Strand) affected by drilling operation. Nearest residences or businesses could be less than 50 feet from drill rig. Drilling noise (with mitigation of 10-15 dBA) estimated to be 73-78 dBA at 50 feet for 3-4 weeks with other construction noise for additional 1-2 weeks. Effects on 2"' St. Users — Parking Temporary parking preemption (approx. 5 parking spaces/day) along 2nd St during installation of terrestrial cable. Limited to 1-3 days at any one location. Street b/w Hermosa Ave. and Beach St. blocked and approx. 6 parking spaces precluded for 4- 6 weeks. Effects on 2"' St. Users — Traffic Temporary use of 1 lane of traffic up to 300 feet in any one day. 2"' St. from Hermosa to Beach, street would be blocked to traffic for 4 — 6 weeks. Otherwise same as proposed project. Effects on Water Quality Temporary increase in turbidity and disturbance of contaminated sediment during initial cable jetting (6 days). Temporary (1-2 days/bore) increase in turbidity and disturbance of contaminated sediment during bore punch -out, as well as during initial cable jetting (4 days). Potential release of bentonite mixture during breakthrough controlled by Fluid Monitoring Plan. RECEPSWO JUN U5 2002 COM. DEV. DEPT Page 1 of 2 Tyco Telecommunications - Transpacific Fiber Optic Cable and Hermosa Beach Landing Project Key Differences Installing Cable by Trenching Vs. Directionally Drilling Direct landing (i.e. trenching) Directional Drilling Subject at beach west of 2nd St. From 2"d Street b/w Beach St & Hermosa Ave. is on Marine Trenching effects to grunion avoided by schedule No effects to grunion spawning. Temporary installation Biology mitigation. Temporary installation effects to common marine soft -bottom species in nearshore area during initial cable jetting (6 days). effects to common marine soft -bottom species at bore punch - out points, possibly if bentonite release, and during initial jetting in nearshore area (4 days). Effects on Air Quality Total of 2947 pounds of NOx over SCAQMD daily thresholds. Mitigable with purchase of credits. Total of 2761 pounds of NOx over SCAQMD daily thresholds. Mitigable with purchase of credits. OPERATION Effects on Beach/Nearshore Recreation Project designed to reduce risk of subsequent cable exposure from sand migration. Low possibility of cable exposure several times over lifetime of project due to extreme storm season -associated seasonal sand migration. If reburial of cable were necessary, construction activity and associated effects would be similar to, but shorter than, initial installation. No potential for cable exposure at beach/nearshore area. Effects on 2"d St. None None Effects on Water Quality Temporary increase in turbidity and disturbance of contaminated sediment if marine reburial activity occurs (assumed approx. 2 days/event). None Effects on Marine Biology If reburial activity is necessary, temporary effects on common marine soft -bottom species (assumed approx. 2 days/event). None Page 2 of 2 December 13, 2001 Honorable Mayor and Members of the Continued Meeting of Hermosa Beach City Council December 18, 2001 SUBJECT: PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN (PDP) TO CONSTRUCT A SUBMARINE FIBER OPTIC CABLE SYS I'EM LOCATED AT THE BEACH AND ON CITY OWNED PROPERTY. APPLICANT: TYCOM NETWORKS (US) INC. 10 PARK AVENUE MORRISTOWN, NJ 07960 REQUESTS: PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN NO.01-10 Planning Commission Recommendation: Adopt the attached Resolutions: • Adopting a Mitigation Monitoring Program, as amended, Findings and Facts in Support of Findings and a Statement of Overriding Considerations relating to air quality (Attachment No. 1), • Approving the Planned Development Permit/Precise Development Plan No. 01-10 with conditions; • Finding the lease agreement for TyCom's use of City owned property is consistent with the City's General Plan (Attachment No. 2); and, • Approving the Easement Agreement. Background: On December 11, 2001, the City Council continued the public hearing to provide additional time to review the lease agreement, the PDP conditions and to incorporate proposed changes in these documents. The City Council certified the Final Environmental Impact Report (FEIR) on December 11, 2001, but did not take formal action on the Mitigation Monitoring Program, the - Findings and Facts in Support of Findings, the Statement of Overriding Considerations relating to air quality, the Planned Development Permit/Precise Development Plan No. 01-10 with conditions; finding the easement agreement for TyCom's use of City owned property is consistent with the City's General Plan. Analysis: The City Council raised a number of questions and concerns about the project. In response, staff has prepared the following revisions to the conditions and/or lease agreement as applicable and detailed below. PDP Related Issues & Corresponding Change to Project Resolution 1. City Council directed that the project not be permitted in any portion of the Greenbelt. Condition No. 1 has been revised to require that the Second Street cable alignment be contained solely within the City streets and not be permitted within the Greenbelt. However, TyCom is requesting that the City Council reconsider this requirement. Their position is that installation of the, cable in this portion of the Greenbelt would result in less noise and less disruption, since using Valley Drive may result in closure during trenching or long delays. TyCom's letter of reconsideration is attached (Attachment No. 4). Should the City Council concur with TyCom, Condition No. 1 will need to be modified accordingly deleting reference to the restrictions on the use of the Greenbelt. If Council does not support TyCom's request, TyCom will keep all work outside of the Greenbelt. 2. City Council directed staff to revise the conditions to address dealing with unacceptable conditions that may be imposed by Coastal Commission. Condition No. 3 has been modified to include the term "in effect which ties the condition moredirectly to the City's action in approving the project. The concerns about unacceptable conditions imposed by the Coastal Commission are more directly addressed in the lease. 3. City Council directed that upon retirement of the cable systemthat it be removed to a minimum water depth from the beach manhole out, rather than to the end of the pier as currently stated. Condition No.11 has been modified to require the removal of the cable to be seven (7) meters below mean lower low water level (which is considered zero (0) elevation). This depth would result in the cable being removed beyond the surf zone and beyond the end of the pier. -_ 4. City Council directed the applicant be required to maintain a minimum reburial depth within the beach and shoreline/surf zone to a depth of two meters. Condition of Approval No.15 has been modified to reflect a two meter minimum burial depth and requires TyCom to submit a reburial plan that requires review and approval by the City. TyCom is concerned about this requirement. TyCom is submitting a summary of their commitments regarding the initial burial depth and the reburial depths they feel they can successfully achieve. If acceptable to the City Council, this provision would be incorporated into Condition No. 15. In addition, TyCom will present the results of additional sand migration information regarding the migration patterns on the beach at the December 18th meeting (Attachment No. 5). Page 2 5. City Council directed that the applicant be responsible for repaving of Second Street as part of their installationof the cable system. Condition No. 118 has been modified to require that TyCom be responsible for either full street paving, following the installation of the cable in Second Street, or providing the City with funds in an amount equivalent to the cost to repave Second Street. The Public Works Director would have the discretion to make this determination. 6. City Council asked about revising the term "dusk" to "sunset." This Planning Commission revision is found in Condition No. 62 that restrictsthe construction on the beach to the hours of 8 a.m. to sunset, Monday through Friday. 7. City Council asked what would be included in the Noise Control Plan. Mitigation Measures N-8 requires that only one piece of equipment be operated at any time. Mitigation Measure N-9 requires the applicant provide notice to residents and businesses along the affected route by mail at least two weeks in advance of construction. Mitigation Measure N-10 requires the formal preparation of a Noise Control Plan for review an approval by the City prior to commencing construction, which would include details on how the equipment noise would be muffled. The methods may include the use of noise barriers, such as berms or fences, or other noise attenuation devices or noise barriers to reduce the noise generated from the construction activities. If needed, the City has the ability to utilize an acoustical engineer to review the plan and recommend additional mitigation to help reduce the short-term noise impacts. In addition, TyCom will be contracting the various equipment manufacturers to see if there is a difference in equipment noise levels, or if the noise level is merely related to age of the equipment. TyCom will attempt to use the least noisy vehicles available to them, however, they have not selected a contractor for the beach segment of the project. 8. City Council asked what would.be included in the Parking Control Plan. Mitigation Measure T-7 requires the applicant submit the Parking Plan to the City for review and approval. The plan would include showing the staging areas, the applicant's employee parking areas, over night equipment parking areas, signage and traffic control methods that would be used during construction, and access plans to resident and business parking areas. This plan, reviewed and approved prior to commencing construction, would be similar to those plans used by other public utility companies that work in the City right of way. Page 3 9. City Council asked for confirmation on the overall schedule to complete the project. According to TyCom at the December 12th meeting, the total time required for the beach and terrestrial segments would be six to eight weeks. The marine segment and the repaving of Second Street were not included in that estimate. TyCom is preparing a overall schedule that may used as a basis for the lease, but they said it may be subject to change once they get closer to start of construction (Attachment No. 6). Lease related issues Other issues. that were raised regarding the lease are being addressed by the City Attorney and TyCom's Attorney. The final lease provisions will be reviewed by the City Attorney. Conclusion: In summary, given that the proposed project environmental impacts have been reduced to a level of insignificance with the exception of air quality and that, upon completion, the 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 revised conditions in the attached Resolutions. CONCUR: Sol Blumenfeld, D rector Community Djvelopment Department Stephe ll, City ager Page 4 Bob Goldin, Project Planner - Attachments 1. Resolution No. Certifying the Final Environmental Impact Report, including adopting a Mitigation Monitoring Program, Findings and Facts in Support of Findings and a Statement of Overriding Considerations relating to air quality 2. Resolution No. Planned Development Permit/Precise Development Plan No. 01-10, finding the lease agreement is consistent with the General Plan 3. TyCom's e-mail revising the number of landings 4. TyCom's e-mail of reconsideration for use of the Greenbelt 5. Burial/reburial information (will be provided as a supplemental attachment) 6. Time frames for project completion cd.tycom. cc 12-18-01 report Page 5 December 6, 2001 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council December 11, 2001 SUBJECT: PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN (PDP) TO CONSTRUCT A SUBMARINE FIBER OPTIC CABLE SYSTEM LOCATED AT THE BEACH AND ON CITY OWNED PROPERTY. APPLICANT: TYCOM NETWORKS (US) INC. 10 PARK AVENUE MORRISTOWN, NJ 07960 REQUESTS: PLANNED DEVELOPMENT PERMIT/PRECISE DEVELOPMENT PLAN NO. 01-10 AND FINAL ENVIRONMENTAL IMPACT REPORT Planning Commission Recommendation: Adopt the attached Resolutions: • Certifying the Final Environmental Impact Report, and adopting a Mitigation Monitoring Program, as amended, Findings and Facts in Support of Findingsand a Statement of Overriding Considerations relating to air quality (Attachment No. 1), • Approving the Planned Development Permit/Precise Development Plan No. 01-10 with conditions; • Finding the lease agreement for TyCom's use of City owned property is consistent with the City's General Plan (Attachment No. 2); and, • Approving the Easement Agreement ("The Lease" will be provided under separate cover). Background: In April of 2001 TyCom Networks- Inc. submitted a Planned Development Permit/Precise Development Plan (PDP No. 01-10) to the City of Hermosa Beach to install and operate submarine fiber optic cables in the marine waters under the City's jurisdiction and to install two landings on the City beach, one at Longfellow Avenue and one at Second Street. In addition, the proposal included the installation of underground fiber optic cables on the land within existing City public rights-of-way and on the sea floor beyond the City's jurisdiction. TyCom's application was deemed complete in June 2001. Public Participation Process The Planned Development Permit/Precise Development Plan and Environmental Impact Report process included opportunities for public review and comment, including circulation of a Notice of Preparation to responsible agencies, active groups with potential interests and interested members of the public. On June 28, 2001 the Environmental Review Committee met to consider the environmental impacts of the project. They concurred that an EIR is appropriate and 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 midis 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. 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 niay 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 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. 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 stack 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. 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. 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. 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 a typical 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 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 Aribrney 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. CONCUR: Sol Blumenf Id, irector Community t► evelopment Department V' Stephen Burr) City Manager Attachments Bob Goldin, Project Planner 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 _ TyCom's letter revising the number of landings 4. Final EIR —" 5. Schedule of Activities cd.tycom. cc 12-11-01 report AOL.COM I Message View AOL Print Message Page 1 of 2 Subj: 2nd Street Meeting - HDD Date: Tue, 28 May 2002 4:33:35 PM Eastern Daylight Time From: Baker Eric <EBaker@TycoTelecom.com> To: "'rsgoldin(a�aol.com"' <rsgoldin@_aol.com> Sent from the Internet (Details) Bob, Below is summary of meeting held on 5/20/02: Attendees: Jim Kelley Cornelius Overweg Irwin Watson Steve Burrell Meeting was held at local cafe for Second Street residents and business owners. Purpose being to explain drilling procedures and an opportunity to hear concerns and answer questions. Roughly half dozen people participated. One resident was relieved to find out construction was not starting this summer on the beach. There was also concern expressed regarding garage access. Participants did not mention issues with air quality or emissions. Talks regarding noise levels were detailed and extensive. Cafe owner is concerned about the potential for loss of business during construction and would prefer that work hours be limited to regular times 5 days per week. Other participants were fine with allowing extended work hours to reduce project duration. However, did not want to vote against the preference of Cafe Owner.' The cafe owner may be agreeable to closing the cafe and taking vacation from 9/11/02 to end October. Noise levels expected were explained to be roughly equivalent to City Bus outside the barrier walls. Aesthetics will be considered including some plants, trees, children paintings, etc. SEM= Mat 2 of 30 ; Reply Forward Reply All Add Addresses http://webmail.aol.com/msgview.adp?folder=SU5CT1g=&uid=3569811 5/28/02 �ipr)*)a aay May 29, 2002 Honorable Mayor and Members of Regular Meeting of June 11, 2002 The Hermosa Beach City Council PUBLIC HEARING - HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2002-2003 Recommendation: It is recommended that the City Council:. 1. Conduct a Public Hearing in connection with the levy of assessments for fiscal year 2002-2003; and 2. Adopt the attached Resolution confirming the diagram and assessment for Hermosa Beach Landscaping & Street Lighting District 2002-2003 ("District") and levying an assessment for the fiscal year commencing July 1, 2002 and ending June 30, 2003. Background: As required by law, the following steps have been taken for the levy and collection of assessments for fiscal year 2002-2003 within the District: - 1. February 26, 2002: The City Council adopted Resolution No..02-6189 ordering the preparation of a report for the District. 2. May 2, 2001: The Director of Public Works filed with the City Clerk the report consisting of, among other things, the assessment diagram and assessment roll for the District. 3. May 14, 2002: The City Council adopted Resolution No. 02-6195 approving the report of the Director of Public Works. 4. May 14, 2002: The City Council adopted Resolution No. 02-6196 setting June 11, 2002 at 7:30 p.m. as the date and time for a public hearing in order to accept public input on the District. 5. May 30, 2002: Notice of the Public Hearing was given by publishing Resolution No. 02-6196 in the Easy Reader. Analysis: The District assessment funds the cost of maintaining and operating street lights, traffic signals and landscaping located within parkways or medians. The proposed assessment rate for fiscal year 2002-2003 is $41.45 per equivalent dwelling unit, the same equivalent dwelling unit rate as used in fiscal year 2001-2002 to finance those improvements. The assessment is based on the actual number of dwelling units that are on a property (or their equivalent for vacant and commercial properties). The fiscal year 2002-2003 assessments will provide sufficient funds ($452,012) to continue the operation and maintenance of the City's street lighting system and landscaping in and along the City's streets and sidewalks for one year. Adoption of the attached resolution constitutes the levy of an assessment for the 2002-2003 fiscal year. Alternatives: 1. Approve Staff's recommendation. 2. Let the District lapse; thereby causing a potential increase in General Fund obligations of $452,012. 3. Levy an assessment at less than the proposed amount, thereby causing an increased General Fund obligation. Respectfully submitted, Homayollri Behboodi Associate Engineer Noted for Fiscal Impact: Viki Copeland Finance Director Concur: Harold C. Williams, P.E. Director of Public Works/City Engineer Ste• •n . Burrell; City Manager Attachment: Resolution Confirming Diagram and Assessment F:\B95\PWFILES\CCITEMS\public hearing idsepe st.light 02-03 6-.11-02.doc 2 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. 02- A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF HERMOSA BEACH CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2002 AND ENDING JUNE 30, 2003 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2002-2003. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the "Landscaping and Lighting Act of 1972," Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500, (the "Act"), the City Council adopted Resolution No. 02-6189 initiating proceedings and ordering the Director of Public Works to prepare and file the report required by the Act. Said report is for the proposed levy of an annual assessment for the fiscal year commencing July 1, 2002.and ending June 30, 2003. Pursuant to Resolution No. 02-6189, such report was prepared and filed with the City Clerk. SECTION 2. The City Council adopted Resolution No. 02-6195, approving the report as filed, and Resolution No. 02-6196, declaring its intention to order certain improvements for the fiscal year commencing July 1, 2002 and ending June 30, 2003 and appointing a time and place for hearing protests relative thereto. SECTION 3. Following notice duly given in accordance with law, the City Council held a full and fair public hearing at the time and place appointed therefor regarding the proposed levy of assessments within the District and the report of the Director of Public Works, including the diagram and assessment for the District. At the public hearing, all interested persons were afforded the opportunity to hear and be heard regarding protests and objections to -1- ." 1 2 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • the levy and collection of the proposed assessments against lots or parcels of real property within the District. SECTION 4. The City Council considered all oral and written statements, protests and communications made or filed by any interested persons. Any and all oral and written protests and objections are hereby overruled by the City Council. SECTION 5. Based upon its review of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City Council, the City Council hereby finds and determines that (i) the land within the District will be benefited by the improvements described in Section 6 below, (ii) the District includes all of the land so benefited, and (iii) the net amount to be assessed upon the land within the District for the 2002-2003 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. SECTION 6. The City Council hereby orders the proposed improvements to be made as described in the Engineer's Report, which improvements are briefly described as follows: the maintenance and operation of streets and sidewalks within the assessment District, including the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities located in and along such streets and sidewalks. SECTION 7. The City Council declares that the diagram and assessment in the Engineer's Report are hereby confirmed as filed. The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2002 and ending June 30, 2003. SECTION 8. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment -2- 1 2 4 5 6 9 •10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 6 above for fiscal year 2002-2003. SECTION 9. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution and the diagram and assessment with the County Auditor of the County of Los Angeles. Thereupon, the County Auditor shall provide for the collection of assessments at the time and in the manner provided in the Act. SECTION 10. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original Resolutions of the City Council, and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 1 lth day of June 2002. ATTEST: PRESIDENT, of the City Council and MAYOR of the City of Hermosa Beach, California CITY CLERK , CITY ATTORNEY APPROVED AS TO FORM: -3- F:\B95\PWFILES\RESOS\diagram & levy land st light 02-03.doc Honorable Mayor and Members of the Hermosa Beach City Council �� (j May 29, 2002 City Council Meeting of June 11, 2002 ADOPTION OF 2002-2003 BUDGET RECOMMENDATION: It is recommended that the City Council: 1. Hear public testimony regarding the 2002-2003 Budget; 2. Approve contracts listed below for services budgeted in the 2002-03 Budget; 3. Adopt Resolution 02- , approving the 2002-2003 Budget. BACKGROUND: Two public budget meetings were scheduled this year, a Budget Question and Answer Session on May 20, 2002 and a Budget Workshop on May 23, 2002. ANALYSIS: Contracts for Services The following contracts are for services budgeted in various departments. Rather than submitting them individually on future agendas, we thought it would be more efficient to submit them en masse. The contracts are on file in the Finance Department for your review. Contractor Name Police Department/ Community Services Service Provided Term/Amount City of El Segundo Police/Fire Dispatching Ken Meersand All City Management City Prosecutor Crossing Guard Services 1 Ongoing/Amendment to provide cap for annual increase: 10% increase for 2002-03 or $468,606, subsequent years, +/- 5% according to formula in original contract Increase of 3.5%, $84,480 2002-03/3% increase, $61,934 F:B95/BUDGET/City Council Budget Adoption 02-03.doc 5 dc>) South Bay Center for Dispute resolution services Dispute Resolution • 2002-03/$8,000/60% increase/assumes increase in retainer and caseload D & D Services Dead Animal Disposal 2002-03/$3,168/no increase Fire Department Regents of the University of California (UCLA) Public Works Hunter- Kennedy Associates Nurse Educator to provide paramedic continuing education and quality improvement program 2002-03/5% increase, $18,900 NPDES Services, Used Oil Annual/4% increase, Recycling Program $62,366 Administration- ThyssenKrupp Elevator Elevator Maintenance, Corporation Parking Structure United Storm Water, Inc. Storm Drain/Catch Basin Cleaning 2002-03/no increase, $4,460 2002-03/$24,000, added catch basin cleaning, previously filters only Comments/Items from the Budget Workshop The following are items/comments from the workshop held on May 23, 2002 and the plan of action associated with them. Item/Comment Plan Of Action Fire Department Staffing Staff to report back with evaluation of necessary staffing and potential funding mechanisms Request from Public, 28th Street/Valley Request will be considered in preparation Improvement of future Capital Improvement Plan Discontinuance of Dial -a -Ride Program Staff will report back with evaluation of program. Contract ends 06/03, 12 month notice required to discontinue. No action necessary. Solutions for Reducing Grease in Sewer Staff to report back with options. Item will System from Restaurants be added to City Council Goals. F:B95/BUDGET/City Council Budget Adoption 02-03.doc Landscaping/Lighting District, Funding Deficiency Consider Increasing Business License Fees Staff to report back with options for funding Staff to bring back recommendation, including survey of neighboring cities fees Consider Hiring An Individual to Provide Staff will analyze and report back if Construction Management on All CIP's feasible Changes/Corrections to Final Document The "Department Recommended" column will be removed in the Adopted Budget. The Position Summary in each department that shows the budgeted positions in the department will now have only an "Authorized" column for the prior year and a "City Manager Recommended" column for th new budget year. Page 87 — The Clerk Assistant position under Part Time/Temporary should show .50 for all columns rather than .25, making the Grand Total 4.75 for 01-02 and 5.50 for 02-03. Page 89 — The Planning Intern position under Part Time/Temporary should show .50 for all columns rather than .25. The Total for Regular Salaries for 01-02 should be 4.39. The Grand Totals should be 4.89 for 01-02 and 4.95 for 02-03. These changes will be made for the final document. We may also add some additional supplementary information, such as a five-year revenue comparison, as time permits. Budget Summary The Budget Summary, which incorporates the above corrections, is attached to the budget resolution. Five Year Capital Improvement Program The first year of the plan is adopted within the 2002-03 Budget. The Five-year Plan will go to the Public Works Commission in June and then come back to the City Council for adoption in July. Respectfully submitted, Viki Copeland Finance Director CONCUR: City Manager EB95/BUDGET/City Council Budget Adoption 02-03.doc RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,. CALIFORNIA ADOPTING THE BUDGET FOR THE FISCAL YEAR 2002-2003 WHEREAS, a budget for the fiscal year 2002-2003 has been prepared by the City Manager, and; WHEREAS, said budget incorporates expenditures for operating purposes, capital outlay and capital improvement projects, and; WHEREAS, said final budget will include the appropriations limit and total annual appropriations subject to limitation as required by Section 37200 of the Government Code, and; WHEREAS, the City Council has examined said budget and, after due deliberation and consideration, has made such amendments to the budget as it deems. advisable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby approve and adopt the revised budget for the 2002-2003 Fiscal Year as presented in the documents entitled "City of Hermosa Beach Budget Summary 2002-2003", as amended by the City Council through June 1.1, 2002, and attached as "Exhibit A." PASSED, APPROVED, and ADOPTED this 11th day of June 2002. 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/BUDGET/City Council Budget Adoption 02-03.doc CITY OF HERMOSA BEACH BUDGET SUMMARY 2002-03 ADOPTED BUDGET ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $12,361,077 $449,157 $0 $0 $427,827 $0 $0 $0 $190,000 $0 $0 $948,225 $403,162 $13,180 $71,602 $2,865 $1,189,177 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,039,651 $0 $643,900 $1,423,492 $414,044 $0 $0 $0 TOTAL ESTIMATED REVENUE $16,024,938 $462,337 $715,502 $2,374,582 INTERFUND TRANSFERS IN $1,314,801 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $17,339,739 $462,337 $715,502 $2,374,582 ESTIMATED FUND BALANCE 7/1/02 $419,132 $239,659 $7,348,277 $209,721. TOTAL FUNDS AVAILABLE $17,758,871 $701,996 $8,063,779 $2,584,303 APPROPRIATIONS Operating Budget $16,163,067 $599,701 $895,042 $1,594,522 Capital Outlay $76,672 $4,800 $0 $14,000 Capital Improvements $303,401 I $0 $312,549 $9,592 TOTAL APPROPRIATIONS $16,543,140 $604,501 $1,207,591 $1,618,114 INTERFUND TRANSFERS OUT $1,100,000 $20,372 $3,330 $769,800 TOTAL APPROPRIATIONS/TRANSFERS OUT $17,643,140 $624,873 $1,210,921 $2,387,914 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 2 $14,000 0' (a) DESIGNATIONS/RESERVES OF FUND BALANCE: Affordable Housing Trash Containers/Downtown $111,831 $3,900 $115,731 Funding carried forward from 01-02. 2 Reflects increase to fund balance for fixed asset purchases in Enterprise/Internal Service Funds. EXHIBIT "A" 5 (b) Investment In (c) Investment In Fixed Assets Fixed Assets $6,576,252 $210,389 CITY OF HERMOSA BEACH BUDGET SUMMARY 2002-03 ADOPTED BUDGET ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $9,279 $16,043 $0 $2,048 $410,768 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $51,546 $0 $0 $0 $870 $0 $0 TOTAL ESTIMATED REVENUE . $420,047 $68,459 $0 $2,048 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $420,047 $68,459 $0 $2,048 ESTIMATED FUND BALANCE 7/1/02 $94,847 $341,266 $377,427 $939 TOTAL FUNDS AVAILABLE $514,894 $409,725 $377,427 $2,987 APPROPRIATIONS Operating Budget $0 $56,077 $0 $0 Capital Outlay $0 $0 $0 $0 Capital Improvements $150,000 $0 $0 $0 TOTAL APPROPRIATIONS $150,000 $56,077 $0 $0 INTERFUND TRANSFERS OUT $360,994 $0 $44,263 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $510,994 $56,077 $44,263 $0 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 2 JO (d) RESERVES: Transportation Development Act - Local $613 (TDA) Regional $2,746 EXHIBIT "A" CITY OF HERMOSA BEACH BUDGET SUMMARY 2002-03 ADOPTED BUDGET ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property I ntergovernmental/State Intergovernmental/County I ntergovernmental/Federal Current Service Charges Other Revenue $0 $42,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $37,379 $15,419 $5,713 $0 $0 $0 $0 $48,037 $0 $0 $0 $0 $0 $0 $0, $0 • $0 $0 $0 $0 $68,544 $0 $0 TOTAL ESTIMATED REVENUE $48,037 $147,923 $15,419 $5,713 INTERFUND TRANSFERS IN $0 $0 $57,699 $0 ESTIMATED FUNDS AVAILABLE $48,037 $147,923 $73,118 $5,713 ESTIMATED FUND BALANCE 7/1/02 $137,738 $554,020 $295,793 $6,061 TOTAL FUNDS AVAILABLE $185,775 $701,943 $368,911 $11,774 APPROPRIATIONS Operating Budget $0 $25,000 $0 $0 Capital Outlay $0 $0 $0 $0 Capital lmprovements $27,480 $663,000 $311,000 $0 TOTAL APPROPRIATIONS $27,480 $688,000 $311,000 $0 INTERFUND TRANSFERS OUT $158,295 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $185,775 $688,000 $311,000 $0 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 2 EXHIBIT "A" CITY OF HERMOSA BEACH BUDGET SUMMARY 2002-03 ADOPTED BUDGET ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $0 $0 $0 $0 $0 $0 $0 $287 $0 $0 $0 $0 $0 $0 $0 $0 $2,738 $8,545 $0 $0 $0 $392 $0 $0 $0 $750 $9,394 $0 $0 $0 $0 $0 $0 $350,609 $0 $0 TOTAL ESTIMATED REVENUE $2,738 $8,832 $10,536 $350,609 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $2,738 $8,832 $10,536 $350,609 ESTIMATED FUND BALANCE 7/1/02 $323 $5,881 $8,152 $3 TOTAL FUNDS AVAILABLE $3,061 $14,713 $18,688 $350,612 APPROPRIATIONS Operating Budget $1,763 $5,718 $6,164 $5,860 Capital Outlay $0 $0 $0 $0 Capital Improvements $0 $0 $0 $344,749 TOTAL APPROPRIATIONS $1,763 $5,718 $6,164 $350,609 INTERFUND TRANSFERS OUT $976 $2,827 $3,231 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $2,739 $8,545 $9,395 $350,609 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 2 EXHIBIT "A" 8 CITY OF HERMOSA BEACH BUDGET SUMMARY 2002-03 ADOPTED BUDGET ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $284,732 $207,177 $0 $0 $0 $0 $0 $0 $0 $8,775 $34,652 $0 $0 $0 $45,000 $0 $0 $0 $0 $0 $0 $12,050 $0 $0 $0 $0 $14,626 $0 $0 $0 , $1,217 $21,766 $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $305,557 $241,829 $59,626 $22,983 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $305,557 $241,829 $59,626 $22,983 ESTIMATED FUND BALANCE 7/1/02 $131,294 $310,462 $0 $46,644 TOTAL FUNDS AVAILABLE $436,851 $552,291 $59,626 $69,627 APPROPRIATIONS Operating Budget $303,972 $0 $14,626 $1,500 Capital Outlay $0 $0 $0 $18,000 Capital Improvements $0 $43,770 . $45,000 $0 TOTAL APPROPRIATIONS $303,972 $43,770 $59,626 $19,500 INTERFUND TRANSFERS OUT $0 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $303,972 $43,770 $59,626 $19,500 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 2 EXHIBIT "A" q CITY OF HERMOSA BEACH BUDGET SUMMARY 2002-03 ADOPTED BUDGET ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $100,000 $0 30 $6,260 $0 $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $106,260 $0 $0 $0 $0 $0 $0 $0 $0 $4,965 $6,270 $163,067 $7,318 $0 $8,096 $0 $0 $2,000 $0 $0 $0 $0 $0 $19,550 $0 $0 $40,960 , $0 $6,270 $233,673 $12,283 INTERFUND TRANSFERS IN $0 $0 $700,000 $0 ESTIMATED FUNDS AVAILABLE $106,260 $6,270 $933,673 $12,283 ESTIMATED FUND BALANCE 7/1/02 $29,830 $13,744 $3,343,826 $168,131 TOTAL FUNDS AVAILABLE $136,090 $20,014 $4,277,499 $180,414 . APPROPRIATIONS Operating Budget Capital Outlay Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT TOTAL APPROPRIATIONS/TRANSFERS OUT ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 2 $45,000 $0 $591,141 $0 $85,000 $0 $0 $0 $0 $0 $3,036,000 • $0 $130,000 $0 $130,000 $0 $3,627,141 $0 $0 $0 $0 $0 $3,627,141 $0 (e) DESIGNATIONS: Department of Justice Funds $6,753 Department of Treasury Funds $1,296 EXHIBIT "A" /d CITY OF HERMOSA BEACH BUDGET SUMMARY 2002-03 ADOPTED BUDGET ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $0 $0 $0 $0 $0 $0 $23,905 $87,980 $0 $0 $0 $0 $0 $0 $0 $0 $61,088 $0 $0 $0 $0 $114,940 $0 $0 $0 $0 $0 $0 $0 $0 $22,805 $0 $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $84,993 $87,980 $114,940 $22,805 INTERFUND TRANSFERS IN $0 $480,039 $0 ESTIMATED FUNDS AVAILABLE $84,993 $87,980 $594,979 $22,805 ESTIMATED FUND BALANCE 7/1/02 $446,978 $2,104,103 3 $1,537,663 $494,268 TOTAL FUNDS AVAILABLE $531,971 $2,192,083 $2,132,642 $517,073 APPROPRIATIONS Operating Budget $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Capital Improvements $413,715 $0 $2,103,858 $0 TOTAL APPROPRIATIONS $413,715 $0 $2,103,858 $0 INTERFUND TRANSFERS OUT $88,451 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $502,166 $0 $2,103,858 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 2 $0. $0 3 Contingency Fund established Midyear 01-02. EXHIBIT "A" // • CITY OF HERMOSA BEACH BUDGET SUMMARY 2002-03 ADOPTED BUDGET ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,056 $927 $6,838 $452 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $3,056 $927 $6,838 $452 INTERFUND TRANSFERS IN ESTIMATED FUNDS AVAILABLE $0 $0 $0 $0 $3,056 $927 $6,838 $452 ESTIMATED FUND BALANCE 711/02 $67,140 $8,098 $92,451 $3,756 TOTAL FUNDS AVAILABLE $70,196 $9,025 $99,289 $4,208 APPROPRIATIONS Operating Budget Capital Outlay Capital Improvements TOTAL APPROPRIATIONS INTERFUND TRANSFERS OUT TOTAL APPROPRIATIONS/TRANSFERS OUT ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 2 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0' $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 EXHIBIT "A" fa CITY OF HERMOSA BEACH BUDGET SUMMARY 2002-03 ADOPTED BUDGET ESTIMATED REVENUE Taxes Licenses/Permits Fines/Forfeitures Use of Money/Property Intergovernmental/State Intergovernmental/County Intergovernmental/Federal Current Service Charges Other Revenue $0 $0 $0 $0 $13,444,143 $0 $0 $0 $0 $427,827 $0 $0 $0 $0 $1,143,190 $2,126 $2,035 $0 $0 $1,069,992 $0 $0 $0 $0 $1,674,807 $0 $0 $0 $0 $50,037 $0 $0 $0 $0 $350,609 $0 $0 $1,283,133 , $1,051,525 $5,525,597 $0 $0 $0 $20,000 $640,809 TOTAL ESTIMATED REVENUE $2,126 $2,035 $1,283,133 $1,071,525 $24,327,011 INTERFUND TRANSFERS IN $0 $0 $0 $0 $2,552,539 ESTIMATED FUNDS AVAILABLE $2,126 $2,035 $1,283,133 $1,071,525. $26,879,550 ESTIMATED FUND BALANCE 7/1/02 $12,299 $10,292 $1,828,829 $4,126,325 $24,815,375 TOTAL FUNDS AVAILABLE $14,425 $12,327 $3,111,962 $5,197,850 $51,694,922 APPROPRIATIONS Operating Budget $0 $0 $1,283,133 $1,010,566 $22,602,852 Capital Outlay $0 $0 $0 $239,670 $438,142 Capital Improvements $0 $0 $0 $0 $7,764,114 TOTAL APPROPRIATIONS $0 $0 $1,283,133 $1,250,236 $30,805,108 INTERFUND TRANSFERS OUT $0 $0 $0 $0 $2,552,539 TOTAL APPROPRIATIONS/TRANSFERS OU $0 $0 $1,283,133 $1,250,236 $33,357,647 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 2 $239,670 $0 (f) Investment In Fixed Assets $2,662,493 EXHIBIT "A" /3 Honorable Mayor and Members of the Hermosa Beach City Council June 3, 2002 6//1/-oo- City Council Meeting of June 11, 2002 ADOPTION OF THE 2002-2003 APPROPRIATION LIMIT Recommendation: It is recommended that the City Council adopt Resolution 02- setting the 2002- 2003 appropriations limit. Background: In November of 1979, Article XIII B of the California State Constitution was added by the voters through Proposition 4. This Article established limits, using a formula, on state and local governments for appropriation of revenue from tax proceeds. On June 5, 1990, Proposition 111, modified the method of calculating the limit, beginning with fiscal year 1990-91, to allow the City to choose the most beneficial of two adjustment factors for inflation and population as follows: Inflation California Per Capita Personal Income or Increase in Non -Residential Assessed Valuation Due to New Construction. Population City Population Growth or County Population Growth. Proposition 111 also implemented a requirement that our Appropriation Limit be reviewed annually by our independent auditor. Analysis: The 2002-2003 limit was calculated, per the League of California Cities Uniform Guidelines, by applying the population and inflation factors to the prior year limit. The City of Hermosa Beach Population Change of 1.97% was used as the population growth factor since it is greater than the population increase of 1.77% for the County. The increase of 1.00% for Non -Residential Assessed Valuation Due to New Construction was used as the inflation factor since the other growth factor for inflation, the California Per Capita Personal Income change is -1.27%. The factor with the largest change is always chosen to give the City maximum discretion with regard to appropriations. 1 5d(2) The law requires adoption of the 2002-2003 limit by resolution and a recorded vote of the Council to select annual adjustment factors. The choice is set forth in the attached resolution. The limit calculation will be reviewed by our auditors during the annual financial audit. Respectfully submitted, J Viki Copland, Finance Director 2 Concur: St en : urrell City Manager F:\B95\AUDIT\ganniimit.DOC RESOLUTION NO. • 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2002-2003 WHEREAS, the voters of California, on November 6, 1979, added Article XIII B to the State Constitution, placing various limitations on appropriations of state and local governments; and WHEREAS, Article XIII B provides that the appropriations limit for the fiscal year 2002-2003 is calculated by adjusting the base year appropriations of fiscal year 1978- 79 and subsequent years for changes in the cost of living and population; and WHEREAS, Proposition 111 (Section 1.5 of Article XIII B ), enacted by the voters on June 5, 1990, modified the method of calculating the limit, beginning with fiscal year 1990-91; and WHEREAS, the City of Hermosa Beach has complied with all of the provisions of Article XIII B in determining the appropriations limit for fiscal year 2002-2003; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE AS FOLLOWS; SECTION 1. That the City of Hermosa Beach chooses to use the Increase in Non -Residential Assessed Valuation Due to New Construction as the inflation adjustment factor for fiscal year 2002-2003. SECTION 2. The City of Hermosa Beach chooses to use the Change in Population for the City of Hermosa Beach as the growth adjustment factor for fiscal year 2002-2003. .1 SECTION 3. The City of Hermosa Beach uses the Uniform Guidelines published by the League of California Cities in March 1991 to determine the limit and appropriations subject to the limit. SECTION 4. Documentation for calculation of the limit is on file in the Finance Department and will be reviewed by the City's auditors during the annual financial audit, as required by Proposition 111. SECTION 5. The appropriations limit for the City of Hermosa Beach for fiscal year 2002-2003 is $19,450,375. PASSED, APPROVED and ADOPTED this 11th day of June, 2002. ATTEST: PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California CITY CLERK CITY ATTORNEY APPROVED AS TO FORM: F:\1395kAUDIT\APROLIMT.DOC Pt-iof.70 May 30, 2002 IJ/ -6 4;-' Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council June 11, 2002 REQUEST FOR THREE-WAY STOP CONTROL AT VALLEY PARK AVENUE AND 20TH STREET Recommendation: It is recommended that the City Council provide direction to Staff. Summary: Residents in the vicinity of Valley Park Drive and 20th Street have expressed concern for traffic safety at that intersection. It's been requested that the City install stop signs on 20th Street. The written request was presented to Council on May 28, 2002 (Please see attached copy). The Public Works Commission considered the request for a 3 -way stop at their November 14, 2001 meeting and the request was denied. Instead, the Commission directed Staff to conduct a move comprehensive study of the neighborhood to provide additional information relative to traffic patterns and circulation issues in the area. The issue was again considered at the April 17, 2002 Commission meeting. The Commission recommended, rather than installing 3 -way stop controls or any other neighborhood traffic control measures, that signs be installed to warn motorists of the presence of an autistic child on Valley Park Avenue. As Council is aware, Council approved the recommendation of the Public Works Commission to install "Autistic Child" warning signs at Valley Park Avenue and 20th Street at its May 14 meeting. Background: A complete analysis of the intersection can be found in the attached November 14, 2001 Public Works Commission Staff report. Although Staff does not recommend in favor of the request, Staff doesn't object to the installation of the stops at this intersection because they: 1. Will not cause delay to the City's street system. 2. Can be installed without losing parking.:.::; 3. Can be installed on existing signposts. Alternatives: 1. Deny the request for a three-way stop control. 2. Approve the request for a three-way stop control at Valley Park Avenue and 20th Street and adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DESIGNATING THE INTERSECTION OF VALLEY PARK AVENUE AND 20TH STREET A THREE-WAY STOP CONTROL INTERSECTION". 3. Rescind the order to install "Autistic Child" warning signs at the intersection of Valley Park Avenue and 20th Street. 4. Take no action. Fiscal Impact: Funds for the installation of the required signs and markings are available under the current Street Maintenance Operations and Maintenance budget. Attachments: 1. Letter of request 2. Site Location Map 3. PWC Staff Report of November 14, 2001 4. Draft Resolution Respectfully submitted, VI/ ALA arold C. Williams, P.E. Director of Public Works Concur: City Manager 1t4— Michael L Chief of P F:\B95\PWFILES\CCITEMS\3-way stop @ 20th & Valley Park 6-11-02.doc May 20, 2002 Mayor Kathy Dunbabin 1315 Valley Drive Hermosa Beach, CA 90254 Dear Mayor Dunbabin: I continue to be concerned for the safety of my son, and all other children that live and play in the Valley Park Avenue and 20th Street vicinity. Our family resides at 1948 Valley Park Avenue at the corner of 20'h Street. Our lot is fenced, but there is the occasion when Dane will go over the fence to visit his friend, Chuck Livergood, who lives across the street from our house on 20t. On several occasions we have all been in the street at one time or another visiting as neighbors when a vehicle comes speeding down the street. We as adults have had to jump out of the way of a driver not paying attention. On several occasions we have all had an opportunity to yell at drivers, step in front of their cars asking them or pleading with some to just please slow down for the safety of all. Not just my son but all children and adults wishing to make our neighborhood a safe environment for all concerned. Drivers do not slow down as they come in either direction on.20hStreet, approaching the intersection at Valley Park Avenue. As observed in your traffic study there are several children that cross at that intersection. There have been several incidents where pedestrians were nearly hit as they stepped out to cross the street. The current speed limit in residential areas is 25 miles perhour, and is still fast enough to kill or maim a pedestrian. I have addressed all other venues for the safety of my child, none of which hold the power that a STOP sign does. Please give us some peace of mind and install a three-way stop at the corner of 20`h and Valley Park Avenue. Sincerely yours, Gary and Krista Capo cc: City Council members Concerned Parents City Manager ATTACHMENT 1 November 5, 2001 Honorable Chairman and Members of Regular Meeting of The. Hermosa Beach Public Works Commission November 14, 2001 REQUEST FOR STOP SIGNS ON 20TH STREET AT VALLEY PARK AVENUE TO CREATE A 3 -WAY STOP Recommendation: It is recommended that the Commission deny the request to install stop signs on 20th Street at Valley Park Avenue to create a 3 -way stop. Background: A letter/petition was received from residents requesting that the intersection of 20th Street and Valley Park Avenue be analyzed to determine if it would be appropriate to install stop signs on 20th Street to create a 3 -way stop. This is a "T" intersection that currently has a stop sign only on the Valley Park Avenue approach. The intersection is in a residential neighborhood with no sidewalks: Please refer to the attached Site Location Map (Attachment 2). 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 20th Street and Valley Park Avenue are shown below. Warrant Criteria . Threshold Value Measured Value (AM/PM Peak Hour) Threshold Exceeded Accidents per Year 5/year 0 No Total Traffic at Intersection 500 vehicles/hour 94/112 No/No Minor Street Vehicle & Pedestrian Volume 200 vehicles & pedestrians/hour 44/32 No/No Delay (during peak hour) 30 sec/veh (average) 5/5 No/No As shown on the table, the traffic volumes ;are well below the state -recommended thresholds during the peak hours forLtotal traffic and for the traffic/pedestrian volumes entering: the intersection from the minor street (Valley Park Avenue). According to the guidelines, the thresholds should be exceeded for eight hours of the day. At this intersection, the thresholds 6b ATTACHMENT 3 • • are not exceeded even forthe 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 20th. Street and Valley Park Avenue there are some visibility constraints associated with vegetation on the southeast and southwest corners and vehicles parked along the shoulder on the south side of 20th Street. Motorists stopped at the stop sign on Valley Park Avenue must edge forward into 20th Street to see the oncoming traffic. 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. In summary, the conclusion of the analysis is that it would not be warranted. to install 3 -way. stop signs on 20th Street at Valley Park Avenue. 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 20th Street at Valley Park Avenue to create a 3 -way stop. Alternatives: 1. Approve staff's recommendation to deny the request to install stop signs on 20th Street at Valley Park Avenue to create a 3 -way stop. 2. Approve the request to install stop signs on 20th Street at Valley Park Avenue to create a 3 -way stop. 3. Send back to Staff for further study. Fiscal Impact: The estimated cost of installing two stop signs and the associated pavement markings would be $400. Funds would be available under the current Operations and Maintenance budget of Street Maintenance. Attachments: Site Location Map Letter of Petition Respectfully submitted, Richard D. Garland, P. Traffic Engineer // Harold C. Williams, P.E. L� Director of Public Works/City Engineer F:\B95\PWFILES\PW Commission\pwitems\20th valley park stop signs 11-14-01.doc -TWENTY . PROPOSED 3 -WAY STOP SIGNS 20TH STREET/VALLEY PARK AVENUE REOUEST FOR STOP SIGNS ATTACHMENT 1 September 24,2001 Dear: Mr Harold Williams I am writing to you today on behalf of my 6 year old son,Dane. He has recently been diagnosed with autism. Although he is high functioning there are a few things he seems not to absorb. Absolute street safety is one of them. We live at 1948 valley Park Avenue right on the corner of 20th and Valley Park. Our lot is fenced which was very helpful in the past but now Dane is climbing and loves to visit the neighbors on 20th Street. We seem to have an influx of traffic with new teenage drivers 10 to be exact and all their friends, not to mention all the mothers dropping their kids off at the back side of valley school. I am sad to say 1 no longer live in a quiet little neighborhood. I would absolutely love a STOP sign placed on my corner making it a 3 way stop for the safety of my child. A dog was hit very badly this week by a teenage girl, she never even stopped to see what she ran over. I thank God it was not my child I had placed children at play signs some time ago but Iwas asked by the city to remove them. As we do not want to encourage children to play in the street. I understand this point so I looked into Caution Autistic child please drive slow, again this will not definitely slow people down. A STOP -sign is my only hope for keeping my son safe. Please help me in this endeavor. Krista Capo Concerned mother 1948 Valley Park Ave Hermosa Beach.CA 90254 x:.316 37-L/ 7 ATTACHMENT 2 1 2 4 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 VALLEY PARK AVENUE AND 20TH 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 Valley Park and 18thStreet. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the intersection of Valley Park Avenue and 20th 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 June, 2002. 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 valley park ave & 20th st.do ATTACHMENT 4 RESIDENTIAL .. ALLEY AVE x 33.3 ' RESIDENTIAL POWER, .o LOCATION MAP NTS /�1 ��_� ATTACHMENT 2 FROM: N+S BERENS A4 FAX NO. : 1+310+823+7448 Jun. 05 2002 02:36PM P1 • ?a4 © ,r0/63e-9 -14 .55-S .. �....._...... J l.. ......_.. L/14L-4.l 7%.7 ......,�. v rr«tom. t7A-RK. S w• A. -... 5- -. ._ ..... 19'4:9...VG.ifey_ ole't 1,9cr *) 976 _9495" City of &rmosa each DEPARTMENT. OF PUBLIC WORKS PUBLIC NOTICE epi•.::::: NOTICE OF HEARING BEFORE THE CITY COUNCIL TO CONSIDER A REQUEST FOR A THREE-WAY STOP CONTROL AT VALLEY PARK AVENUE AND 20TH STREET WHAT'S BEING DISCUSSED: WHY THIS AD: WHERE & WHEN: PUBLIC HEARING A request to install stop signs on 20th Street to control speeding. A public hearing will be held to give you an opportunity to talk about the issues before any changes take place in your neighborhood. A public hearing will be held at the regular Council meeting on Tuesday, June 11, 2002 at 7:30 or shortly thereafter, . in the Community Center, Room 4, 710 Pier Ave., Hermosa Beach, CA 90254. CONTACT: The City's contact person is Harold C. Williams, Director of Public Works, 310/318-0214. From: Maria Thomas To: khdun@aol.com Cc: samedgerton@aol.com ; manbreadearthlink.net ; jbrccnaol.com ; artyoon@hotmail.com ; sburrell@,hermosabch.org ; rpunneo@,hermosabch.org ; Janette Thomas Sent: Sunday, June 09, 2002 2:59 PM Subject: Stop Signs at 20th Street and Valley Park Ave To Mayor Dunbanin I live at 565 20th Street. I feel as if stop signs at this intersection would give a false sense of security. I also feel as if there is no feasible place to put one for west bound traffic. I as well as others gather in the middle of the street and visit. This should not be done as it sets a bad example for the children. I will be very much aware of this in the future. I do not know if these suggestions have been explored for the safety of all or not: Paint the curbs on Valley Park Ave. red for better visibility also have red paint on the street at the corner of 20th and Valley Park Ave. An example of this is at the comer of 20th Street and Valley Drive Cross walks Speed limit of 15 miles an hour Also at this time I would to address the issue of the flyers that were delivered to the residences of the valley area by the city. They were delivered to the residences on Valley Park Ave, Power Street, and the Southside of 20th Street. I know that the addresses of 545, 561, 555, 565, and 571 received no flyers from the city. I have called the Public Works and got not satisfaction other than sorry you were missed. Sincerely, Maria Janette Thomas CC: City Council Members City Manager Public Works • SUPPLEMENTAL IK IPMATints Se Honorable Mayor and Members of The Hermosa Beach City Council 'J June 3, 2002 Regular Meeting of June 11, 2002 PROJECT NO. CIP 00-630 PIER RENOVATION, PHASE III RECEIVE PRESENTATION Recommendation: It is recommended that City Council receive the presentation by Purkiss.Rose-RSI. Background: During the January 17, 2002 Pier Renovation — Phase III workshop, City Council gave final approval of the schematic plan with new elevations and revised buildings. City Council then instructed Purkiss•Rose-RSI to return with material samples, plaque locations, City Seal, signage/name in wall options. The design team is ready to present these items. Analysis: A presentation is in order as instructed. Fiscal Impact None at this;time. Respectfully submitted, Tristan D. Malabanan Assistant Engineer Concur: Stephen ' rell City 'Ma ger Concur: arold C. Williams, P.E. Director of Public Works/City Engineer F:\B95\PWFILES\CCITEMS\00-630 Receive Presentation 6-11-02.doc 6a SCALE: 1"=30' 1 PARCEL 2,916 SQ. FT. PACEL V VESTING AP \o. 25678 IN THE CITY OF HERMOSA BEACH , COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF LOT 5, TRACT No. 1070, AS PER MAP RECORDED IN BOOK 17 PAGE 136 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES PIAI ENGINEERING INC. SUBDIVIDER'S STATEMENT:: I HEREBY STATE THAT I AM THE SUBDIVIDER OF THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND l CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. /1444:, MARIA RASA CLIZA6- (SUBDIVIDER) STATE OF CALIFORNIA COUNTY OF LOS ANGEL ON THIS s _ DAY OF 644h— 2001 , BEFORE ME, THE UNDERSIGNED, PERSONALLY APPEARED MARAA ROA Geese 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 THAT5HE EXECUTED THE SAME I1jl wa AUTHORIZED CAPACITY, AND THAT BY 1/F -R, SIGNATURE ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. SS. y7[aCtiArd~rt NOTARY PUBLIC— PRINCIPAL OFFICE IN LOS AN LES COUNTY MY COMMISSION EXPIRES —'117:, CONDOMINIUM NOTE: THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR TWO 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 OWNER: MARIA ROSA CORSAGE EASEMENT NOTE: WARREN GILLELEN, SUCCESSOR OR ASSIGNS, EASEMENT HOLDER FOR WATER PIPE PURPOSES PER DEED RECORDED IN BOOK 1617 PAGE 47 OF DEEDS, RECORDS OF LOS ANGELES COUNTY. SAID EASEMENT IS BLANKET IN NATURE. 40' 40' LEGEND a a a INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP MONTEREY NI2"10'00"W r, 40' 40' S'LY LINE OF LOT 6, TRACT No.1070, M.B. 17-136. N77'50'00 -E \ 100.00' • 1 A=2,916 SQ. FT. N77'50'00 "E N'LY LINE OF LOT 4, TRACT No.1070, M.B. 17-136. 11 TH STREET N7750'00"E �—FD. BRASS CAP MON. PER FD. PUNCHED SPIKE, NO P.M. No. 12163, P.M.B. 129-39. REF., ACCEPTED AS f INTER. 100.00' 20' 10' 10' 0 Z I 10't 10' 20' ammiAm‘b G. 0/A-(Aig,.) V612142-- 054-157 %1/az O54--I 7 4/87-1l SUNSET DRIVE SHEET 1 OF 1 SHEET RECEMIED JUN 0. .3 2002 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 ~A caes.44 IN JANUARY, 2001. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. VICTOR PIAI, R.C.E. 20327 EXPIRES: 09-30-05 RECORD DATA NOTE: RECORD DATA IS FROM TRACT No. 1070, M.B. 17-136. CITY ENGINEER'S CERTIFICATE: I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND THAT IT CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF SUBDIVISION ORDINANCE y 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: Shg1QL JAN\ ES A. r4C'YEs CITY ENGINE -ER (KD W D , ► I DEPUTY.ls9 �p-p� R.C.E. No. 0202: 7 3 EXPIRES: 9-3 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 / 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: of -