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10 - Reconsideration for Toshiba Classic Street Light Banners
Q SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report January 9, 2018 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Abby Cooke, Assistant Engineer, acooke@newportbeachca.gov Socheata Chhouk, Civil Engineer, schhouk@newportbeachca.gov PHONE: 949-644-3323, 949-644-3346 TITLE: Reconsideration for the Request to Install Toshiba Classic Street Light Banners ABSTRACT: At the December 12, 2017 City Council meeting, Mayor Duffield requested a reconsideration of the Council Item for the "Request to Install Toshiba Classic Street Light Banners" that was approved by City Council at the November 28, 2017 meeting. The Mayor's premise for the reconsideration of the item was to allow for the streetlight banners to remain on the poles longer than the current 30 day maximum per Council Policy L-16. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Waive the provision and standard of Council Policy L-16 pertaining to the following requirements for use of the City public right-of-way for banner installation: open to the general public without charge and all banners shall be removed within thirty (30) days after the date of installation; and c) Allow for the installation of a maximum of 80 street light banners from Tuesday, January 16, 2018 to Monday, March 12, 2018 (55 days) for the 2018 Toshiba Classic golf tournament. Installation will be along East Coast Highway, MacArthur Boulevard, and Jamboree Road. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 10-1 Reconsideration for the Request to Install Toshiba Classic Street Light Banners January 9, 2018 Page 2 DISCUSSION: Hoag Charity Sports is producing the 2018 Toshiba Classic golf tournament, which will be held at the Newport Beach Country Club from March 7, 2018 through March 11, 2018. Hoag Charity Sports, a supporting organization of Hoag Hospital Foundation, will be donating the proceeds to the Mary & Dick Allen Diabetes Center at Hoag Hospital and other local charities. The proceeds of the Toshiba Classic are expected to exceed $1 million. The event receives much exposure, as it is televised domestically and internationally, and is expected to generate revenue for the City of Newport Beach in the form of tourism. The event is expected to have a considerable and favorable economic impact on the community as the event organizers, players, support staff, families, and visitors are expected to stay in local hotels, dine in local restaurants, shop in town, and utilize service - related businesses. On November 28, 2017, City Council approved Hoag Charity Sports' request to install a maximum of 153 banners along East Coast Highway, MacArthur Boulevard, and Jamboree Road for a maximum of 30 days beginning on Monday, February 12, 2018 and ending on Monday, March 12, 2018 (see Attachment A). On December 12, 2017, Mayor Duffield requested a reconsideration for City Council to allow the banners to remain on the streetlight poles for longer than 30 days. In discussion with the applicant, they are now requesting to install a maximum of 80 banners along East Coast Highway, MacArthur Boulevard, and Jamboree Road. The 80 locations are a sub -set of the previously approved 153 locations, as shown on Attachment B. The applicant is available to install the banners on Tuesday, January 16, 2018 and remove the banners on Monday, March 12, 2018. Each banner is 30 -inches by 96 -inches in size. Council Policy L-16 (Temporary Banners Extending over the Public Right -of -Way) includes general provisions for permitting street light banners. Per the Council Policy, banners can be used to "notify the general public of a community -wide event, open to the general public without charge, conducted by a non-profit corporation or organization, and co-sponsored by the City of Newport Beach." Additionally, banners shall be installed for no longer than thirty (30) days. The five-day event is open to the public, but there is a $25 general admission fee. The golf tournament is owned and operated by Hoag Charity Sports, a 501c3 (Charitable Organizations) under the Hoag Hospital Foundation. The City also has an interest in supporting the event. The City is a co-sponsor of the event and is providing $15,000 in Special Events Grant funding that was approved at the July 11, 2017 City Council meeting. 10-2 Reconsideration for the Request to Install Toshiba Classic Street Light Banners January 9, 2018 Page 3 Additionally, City staff per the Mayor's request is open to the long banner installation time and is requesting City Council to waive the 30 -day limitation and allow the banners to remain up on the poles for up for 55 days. City Council has traditionally not waived the 30 -day limitation, with the exception of the Anaheim Ducks banner on Newport Pier at the April 11, 2017 City Council meeting. City Council allowed one banner to be installed for approximately two months. Please note this was only one banner and was not located on a street light. Currently, there are no conflicts with other planned street light banner requests should the City Council desire to approve the Toshiba Classic street light banners for longer than 30 days. The proposed installation is planned for Tuesday, January 16, 2018 and removal on Monday, March 12, 2018. In the past, requests for street light banner installation for similar private events, such as "Barrett -Jackson Collector Car Auction" (approved May 25, 2010), "Vizio BCS National Championship" (approved November 26, 2013), and "Russo and Steele Collector Automobile Auction" (approved May 13, 2014), have been approved by the City Council. The proposed banner has a few commercial sponsors on the top third of the banner. They are relativity small compared to the golfer image and event language. The images are to identify the host (Hoag Charity Sports/Hoag Hospital Foundation) and the type of golf tournament (PGA Tour Championships). The top image is the Toshiba Classic event logo. Attachment C shows the banner sample and Attachment D shows a letter from the applicant describing the event. City staff recommends that the City Council waive sections of City Council Policy L-16 as discussed above and approve Encroachment Permit N2017-0204. It should be noted that if this request is approved, subsequent requests for the same event may be approved by the City Manager, provided that the size, number, location, and banner type (language and graphics) are unchanged. =1ki1V1:7e7kiIJil=I'klhrAIIIIINAVAIA►ITS Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 10-3 Reconsideration for the Request to Install Toshiba Classic Street Light Banners January 9, 2018 Page 4 ATTACHMENTS: Attachment A — Minutes from November 28, 2017 City Council Meeting Attachment B — Location Map Attachment C — Banner Sample Attachment D — Applicant Letter Attachment E — City Council Policy L-16 10-4 City of Newport Beach ATTACHMENT A Study Session and Regular Meeting November 28, 2017 19. Request to Install Toshiba Classic Street Light Banners (N2017-0204) (100-20171 a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Waive the provisions of Council Policy L-16 pertaining to the following requirements for use of the City public right-of-way for banner installation: open to the general public without charge and install no more than one hundred (100) banners; and C) Allow for the installation of a maximum of 153 street light banners from Monday, February 12, 2018 to Monday, March 12, 2018, for the 2018 Toshiba Classic golf tournament. Installation will be along East Coast Highway, MacArthur Boulevard, and Jamboree Road. Motion by Mayor Pro Tem Duffield, seconded by Council Member O'Neill, to approve the Consent Calendar, except for the item removed (item 5); and noting the recusals by Mayor Pro Tem Duffield on Items 4 and 6, Council Member Dixon on Item 8, and Mayor Muldoon and Council Member O'Neill on Item 9; and accepting the amendments to Items 4, 10 and 14. The motion carried by the following roll call vote: Ayes: Council Member Jeff Herdman, Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon . ITEM REMOVED FROM THE CONSENT CALENDAR Balboa Island Water Main Replacement (Phase I) - Award of Contract No. 7173-1 T1Wl1) 1381100-20171 / Couh<1 Member Herdman recused himself due to real property interests. Council Me er Peotter pointed out that the project is not only to replace isting water lines, but also install neo Ines; the design is an alternate to the Water Master P n; and the amount of the current Capital In rovement Plan (CIP) is less than the projLese am nt. He expressed support for the project, but cone with coordination between utilities ae ineering. He suggested Council consider forming some t e of utilities committee to focus on details. City Manager Kiff and Public rks DirectorZscm gized for the confusion and reported that it made more sense to install a n w water on Balboa Island to satisfy some of the requirements of the Water MasterPl the uld assist in solving some of the fire flow issues, and the funding comes from next ardvance the project. Motion by Council Member Peotte secon ed by Council Member O'Neill, to a) find this project exXfor rom the Californi Environme 1 Quality Act) pursuant to Sections 15302 (replacemexisting facilit s involving negli le expansion of capacity) of the CEQA Guidelinernia Code o egulations, Title 14, Cha er 3, because it has no potential to have a significct on t environment; b) approve the roject drawings and specifications; c) approve mel ment No. 18BA-020 appropriating $1, 4,200.00 from the unappropriated Water Cand glance to Account No. 70201931-980000-16 ; d) award Contract Na. 7173 1 to T.E. nc. for the total bid price of $1,563,400.00, and a horize the Mayorand City Clerk to ehe contract; and e) establish $156,000,00 (approximate _ 10 percent) contingency amount toe cost of unforeseen work not included in the original cont et. TheXotion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon Recused: Council Member Jeff Herdman Volume 63 - Page 410 10-5 w ExPrO Toshiba Classic Lighting & Maintenance Banner Program Locations www.exteriorproducts.net • www.exprolightinggroup.com 714-632-3509.1031 N Shepard St, Anaheim CA 92806 Attachment B °'��� O,-e� � � ��'F�r mw'�� � � '�• � °IA iii ''!��'/`.�"' %�•q+, �� �• "� \ ss` r.l•Ih�1iw!� �s ♦ 3' „`' R`Q� 1 � � � � �I.L' � Ret ...���` iwlw;ir,w`r�w:1►� I� � wH °�. '��' �`'�,`� (tl�r�� ,� 'fin ��'�L�'�f�®� � �z� �� S lid k _ � �� � , fir% i � �" - ■ _ C=1 �d�Iftf1�7F9d��5ea ��. � N ��" �U'� • o ui a, �+s1►eliee�e��Z, � �q � • .�» . iyN3 Ii1IH 111,11 .Illi. Allo u . v fiz IiiEl Irll�1 a E® . 4 s s I E, 101 • ae � •� ®�i "� z1� to �� 'r �� � �� �' !F'ji©EE�I� ���c,� �� � ���'� ���� ���!��1� �� • Me eff � e1€11111 ��Sl1 !1119 OIIi�I fRll�l �IIII1 Il0 011 111111 Elate 116 I� 191, � i I� 1 i � � • 1 1 OVERVIEW - See attached Maps 1-4 10-6 ®ExPro Lighting & Maintenance www.exteriorproducts.net . www.expmlightinggroup.com 714-632-3509 .1031 N Shepard St, Anaheim CA 92806 Toshiba Classic Banner Program Locations 28 total poles this section MAP 1 OF 4 Macarthur between San Joaquin Hills Rd & Bonita Canyon Dr Northbound.. PCH between Jamboree & Avocado Ave Jamboree between PCH & Santa Barbara Dr Westbound 5050 2921 Northbound.. 2891 2882 7421 2885 2904 2920 2890 2881 7422 2896 2922 2919 2889 2880 7423 2897 2923 2894 2888 2879 7424 2898 2924 2893 2887 2878 7442 2899 3843 2892 2886 2876 7425 2900 43 total poles this section 2883 2901 2884 2902 38 total poles this section 28 total poles this section MAP20F4 Macarthur between San Joaquin Hills Rd & Bonita Canyon Dr Northbound.. PCH between Jamboree & Avocado Ave 7303 5031 Westbound 5050 5055 5034 Eastbound 5039 5045 5032 5051 5057 5035 5040 5020 5047 5052 5058 5036 5041 5021 5048 5053 5059 5037 5043 5022 5049 5054 5038 5044 7280 28 total poles this section TOTAL POLE COUNT: 153 OUR SURVEY MAPS ARE PROPRIETARY TO EXTERIOR PRODUCTS, CORP. AND CANNOT BE COPIED, SHARED OR DISTRIBUTED TO ANY OTHER PERSONS OR COMPANIES WITHIN THE CONTRACTING INDUSTRY. 10-7 MAP30F4 Macarthur between San Joaquin Hills Rd & Bonita Canyon Dr Northbound.. Macarthur between PCH & San Joaquin Hills Rd Northbound.. 7303 5014 7254 3838 7285 7268 7275 5015 7255 3839 7286 7269 7276 5016 7256 3840 7287 7270 7277 5017 7257 3841 7288 7271 7279 5018 7258 3842 7289 7272 7280 7251 7259 7292 7290 7273 7281 7252 3843 7293 7291 7274 7282 7253 3844 43 total poles this section 44 total poles this section TOTAL POLE COUNT: 153 OUR SURVEY MAPS ARE PROPRIETARY TO EXTERIOR PRODUCTS, CORP. AND CANNOT BE COPIED, SHARED OR DISTRIBUTED TO ANY OTHER PERSONS OR COMPANIES WITHIN THE CONTRACTING INDUSTRY. 10-7 MAP 4 OF 4 Macarthur between San Joaquin Hills Rd & Bonita Canyon Dr Northbound.. 5260 7303 7480 7505 7512 7306 5261 7517 7481 7506 7513 7307 5262 7474 7482 7507 7514 7308 7298 7475 7483 7508 7515 7309 7299 7476 7484 7509 7516 7310 7300 7477 7485 7510 7304 7311 7301 7478 7511 7305 7312 7302 7479 43 total poles this section TOTAL POLE COUNT: 153 OUR SURVEY MAPS ARE PROPRIETARY TO EXTERIOR PRODUCTS, CORP. AND CANNOT BE COPIED, SHARED OR DISTRIBUTED TO ANY OTHER PERSONS OR COMPANIES WITHIN THE CONTRACTING INDUSTRY. 10-7 m®EXPrO Toshiba Classic Lighting & Maintenance Banner Program Locations www.exteriorproducts.net •www.exprolightinggroup.com 714-6323509 ♦1031 N Shepard St, Anaheim CA 92806 �� rem o��t' 2922 29�r2(4 / 2921 2919 r 20 OPoNT v l.J" oR, E E. CO,4ST H�vvo � o 2901 P� �O 2902 �c 2892 11�o 2904 2893 2894 0� �Pg F- MAP 1 OF4 7421 9�y� 7422 /ice imo 2876 2884 E )PP 0 2885 288, 2886 2896 2887 2897 s� 2888 %898 f \ S sA 2899 2889 P a� 2890 2891 9 ose R �T v`n/4I(� ti /— 2879 7425 / 2880 2881 MAP 1 OF 4 Jamboree between PCH & Santa Barbara Dr 2921 2891 2882 7421 2885 2920 2890 2881 7422 2896 2919 2889 2880 7423 2897 2894 2888 2879 7424 2898 2893 2887 2878 7442 2899 2892 2886 2876 7425 2900 2883 2901 2884 2902 38 total poles this section 2904 2922 2923 2924 OUR SURVEY MAPS ARE PROPRIETARYTO EXTERIOR PRODUCTS, CORP. AND CANNOT BE COPIED, SHARED OR DISTRIBUTED TO ANY OTHER PERSONS OR COMPANIES WITHIN THE CONTRACTING INDUSTRY. 10-8 CLASSIC IN is u • TOSHIBACLASSIC.COM E'1031 North Shepard St. ElScreen Print ExPro Anaheim, CA 92806 Art Template Lighting &Maintenance 714.632.35O9ext.72OOwarehouse [Digital Print 949.302.3502 cell .exteriorproductsnet.www.exprolightinggroup.com [:1 Applique www 714-632-3509 •1031 N Shepard St, Anaheim CA 92806 714.632.3589 fax Job: Toshiba Classic (City of Newport Beach) 4" Pole Pocket Job Information: Stitch Area (red) 200 (two hundred) Banners �, Printed both sides, same image @ 720 d.p.i. 3.5"top/ bottom pole pockets- reinforced 2- 3/4" brass grommets 2- 5" wide half circle wind slits 30" (25) x 96" (8') = 20 sq. ft. HD 15 oz. blockout vinyl 3/4" Brass Grommets Artwork Approval X Client Signature Stitch Area (red) 4" Pole Pocket •� Toshiba Classic 3/31/2017 Banner Artwork 30" 96" OUR SURVEY MAPS ARE PRO PRIETARYTO EXTERIOR PRODUCTS, CORP. AND CANNOT BE COPIED, SHARED OR DISTRIBUTED TO ANY OTHER PERSONS OR COMPANIES WITHIN THE CONTRACTING INDUSTRY. 10-10 Exterior Products, Corp. www.exteriorproducts.net City of Newport Beach Public Works Department Socheata Chhouk 100 Civic Center Drive Newport Beach, CA 92660 Re: Toshiba Classic 2018 Dear Socheata, March 31, 2017 We have been hired to put together the permit, layout, fabrication and installation of the banners for the 2018 Toshiba Classic. After all of our years working with The City of Newport Beach, we understand that the permitting process takes time, and that we need to be organized well in advance. Mr. Rich Thomas is our direct point of contact. He can be reached at 443-900-4119 or RThomas@ToshibaClassic.com. Our goal is to install up to 200 banners on PCH, MacArthur, and Jamboree, all within the City of Newport Beach. We are assembling a very detailed map for the application. Naturally, we are receptive to your direction on available locations. We have the following timing as our ideal target: • Installation: December 28, 2017 • Removal: March 20, 2018 Due to the current timing, the design is still in progress. We have attached a preliminary design. The Event: For one week each year, the international spotlight shines brightly on Newport Beach and Orange County. The Toshiba Classic was the first PGA Tour Champions event to raise $1 million for charity and the tournament has raised over $19 million in 19 years. Proceeds from the Toshiba Classic benefit Hoag Hospital and other local charities. In 2018, the Toshiba Classic will benefit the Mary and Dick Allen Diabetes Center which provides comprehensive services for those at risk for diabetes regardless of their ability to pay. This exposure for our community provides immeasurable benefits, and the positive light shed on Orange County residually impacts the businesses and individuals who reside here. The Toshiba Classic fills local hotel rooms, restaurants and businesses during tournament week, providing an enormous influx of dollars into our local economy. An independent study by Economics Research Associates of Los Angeles determined the economic impact of the Toshiba Classic on Newport Beach and surrounding communities of Orange County to be almost $30 million. JEFF JR ROVINSKY 1031 N. Shepard St. Anaheim, CA 92806 Office: 714-632-3509 Fax: 714-632-3589 L-16 TEMPORARY BANNERS EXTENDING OVER THE PUBLIC RIGHT-OF-WAY FINDINGS AND PURPOSE Temporary banners and signs pose risks to the public in the form of potential physical obstructions in or over the right of way and by distracting an individual who otherwise would, and should, focus on other users. The City Council also finds that, in the absence of the size and number limits specified in this policy, temporary banners or sign could reduce property values, adversely impact land uses, and interfere with the recreational objectives of visitors to the City of Newport Beach. A total prohibition on the installation of temporary banners and signs is appropriate with the exception of the provisions of this Policy and Chapter 20.42 of the Newport Beach Municipal Code because there are adequate alternative means of communication for those wishing to engage in commercial or non-commercial speech except for temporary real estate signs and non-profit groups organizations conducting community wide events co-sponsored by the City of Newport Beach and open to the general public. Finally, the City Council has determined that the restrictions contained in this policy and the provisions of Title 20 of the Newport Beach Municipal Code are the least restrictive means available to accomplish the public safety, economic and aesthetic objectives of the City Council. GENERAL PROVISIONS Temporary banners and signs shall not be permitted within or over any public street or pedestrian right of way with the exception of temporary real estate signs as specified in Chapter 20.42 of the Newport Beach Municipal Code and banners notifying the general public of a community wide event, open to the general public without charge, conducted by a non-profit corporation or organization, and co-sponsored by the City of Newport Beach. Temporary banners and signs shall be installed in strict compliance with the provisions of this Policy and any conditions imposed on the permit by the Public Works Director and, if required, by the Municipal Operations Director. rri[ ►i&IIIwatTeZ"O.Y.. A. Except as provided in Title 20 of the Newport Beach Municipal Code, no person shall install any temporary banner or sign within any public right of way without first obtaining a permit issued by the Public Works Department. 1 10-12 L-16 B. Applications for a temporary banner permit shall be submitted to the Public Works Department on a form supplied by the City, and prior to 30 days of planned installation date. C. The Public Works Director shall determine if the application complies with the standards specified in this policy. D. The Public Works Director shall approve/deny/recommend City Council approval of the application within five (5) working days. If City Council approves the request, subsequent requests for the same event maybe approved by the City Manager, provided that the size, number, location and banner type (language and graphics) are unchanged. E. The Public Works Director shall approve the permit if the application conforms with the standards contained in this policy. F. The Public Works Director shall deny the permit if the application does not conform to the standards in this policy and shall give the applicant written notice of, and the reasons for, the denial. G. The Public Works Director may impose a refundable security deposit to be applied to any damages, repairs to standards or poles not corrected by permittee within 14 days of banner removal or any special services required by City. H. The Permittee shall agree to indemnify and hold harmless the City of Newport Beach. I. The Permittee shall maintain a minimum of $1,000,000 in liability insurance from a company with a Best's Key Rating Guide parameter of "A" or better and a financial size category of "VIII" or higher. STANDARDS A. Manner of Installation. 1. Permittee shall install no more than one hundred (100) banners; 2. a) Banners on streetlight poles shall be no more than 2.5 feet wide and 8.0 feet high and approved by the Municipal Operations Pa 10-13 L-16 Department. Wind load calculations, determined by a registered engineer, will be required for banners greater than 20 square feet; b) Banners other than streetlight pole banners shall be no more than 4' x 8' wide and are subject to review and approval by the Public Works Department for safety sight distance and clearance issues. 3. No more than one (1) banner shall be installed on any pole or standard and banners may not be installed between poles or standards; 4. The banners shall contain only the name of the permittee and the date, time and the name of the event to be conducted by the permittee; 5. All banner brackets on streetlight poles must be mounted at least fourteen (14) feet above the ground surface; 6. All banner brackets on streetlight poles must be installed using stainless steel band clamps and the brackets must be sufficiently strong to withstand wind -load generated by ninety (90) mile per hour winds. Each banner shall have a minimum of two (2) 5 -inch half circle wind slits are required; 7. Poles or standards must be wrapped with forty five (45) ml thick black rubber sheet or other pre -approved material under all steel brackets and clamps and no portion of any bracket shall be in direct contact with the surface of any street light pole or standard. In addition, all street light pole(s) being used must be inspected and approved by the Municipal Operations Department; 8. Banners shall be installed only at locations specified on the permit; 9. Permittee shall install and remove banners in strict compliance with the traffic control, signage and warning device criteria specified in the WATCH handbook and/or the California Manual on Uniform Traffic Control Devices; and 10. If more than one permittee requests the use of the same street light pole(s) at the same time, the City may require removal of some of the banners to allow other organizations to install banners authorized under City policies. 91 10-14 L-16 B. Time of Installation. 1. Permittee shall contact the Municipal Operations Department of the City of Newport Beach at least forty eight (48) hours prior to the installation of any banner on streetlight poles pursuant to the permit; 2. All banners and supporting material shall be removed within thirty (30) days after the date of installation; C. Place of Installation. 1. Banners shall only be installed on City owned poles and standards, or approved locations in roadway medians, in City parks, and on other City owned facilities; 2. Banners shall not be installed on any pole or standard which could create sight distance problems for pedestrian or vehicular traffic; 3. Banners shall not be installed on poles or standards in any residential district. 4. Banners shall only be installed at the approved locations indicated on the plan submitted with the banner application. Adopted - January 24,1994 Amended - February 26, 1996 Amended - February 24, 1997 Amended - May 8, 2001 Amended - April 8, 2003 Amended - October 10, 2006 Amended - May 14, 2013 Amended - May 12, 2015 Formerly M-4 4 10-15