Loading...
HomeMy WebLinkAbout17 - Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111) - Appellant CorrespondenceReceived After Agenda Printed August 25, 2020 Item No. 17 - Appellant Subject: Attachments: FW: Conference Call Tuesday Next Week Appellate Brief 8 25 hearing.pdf From: Zdeba, Benjamin Sent: Friday, August 21, 2020 10:43:06 AM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office Cc: Judis, Seimone; Campbell, Jim; Summerhill, Yolanda Subject: FW: Conference Call Tuesday Next Week Hi, Happy Friday! Please see attached and below correspondence received from the appellant in regard to Agenda Item 17 on the Council's August 25 agenda. Thanks, Ben Z. P p BENJAMIN M. ZDEBA, AICP Community Development Department Senior Planner bzdeba(cDnewAodbeachca.aov u r 949-644-3253 �i;lkOSiT�\p From: Mark Pollock <mPollock@pollockandiames.com> Sent: Friday, August 21, 2020 10:16 AM To: Zdeba, Benjamin <bzdeba@newportbeachca.sov> Cc: Evangeline James <eiames@pollockandiames.com> Subject: RE: Conference Call Tuesday Next Week Ben, Here is our Brief for next Tuesday's Appeal Hearing. Please enter it in the record and distribute a complete copy to each of the Council members and the Mayor. If I need to send a copy to anyone else for distribution , kindly advise me and provide their email address. Best regards, Mark Pollock Mark S. Pollock POLLOCK & JAMES, LLP 1827 Clay St, Suite 300 Napa, CA 94559 Telephone (707) 257-3089 Facsimile (707) 257-3096 mpollock@pollockandFames.com MARK S. POLLOCK C. EVANoELNE JANms E ,mAm: mpollock@pollockandjames.com E-tv m: ejames@pollockandjames.com POLLOCK & JAMES, LLP ATTomm AT LAW ENVmoN,—wN TAL LAW August 21, 2020 Appellate Brief City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Appeal of Minor Use Permit #UP2019-030 Zoning Administrator Decision 1827 Clay St., Ste. 300 NAPA, CA 94559 Trm: (707) 257-3089 FAx: (707) 257-3096 Our law firm represents a citizen of Newport Beach on who's behalf we are filing this Appeal. This is an appeal from the decision of the Planning Commission on an appeal of the decision of the Zoning Administrator for the City of Newport Beach, on or about April 16, 2020, approving minor use permit # UP2019-030 for a small cell facility located within the public right of way, on City streetlight number SLC0796, at the northwestern corner of Balboa Blvd. and 30th Street (PA2019-111). The Issuance of a Permit to "AT&T" is Without Legal Basis Newport Beach Municipal Code section 20.49.080 requires a Telecom Company to enter into a Master License Agreement with the City prior to placement of technology hardware onto City property. Only a licensee under such agreement may be permitted, by the Zoning Administrator, to deploy the small cell technology. Title 20.49.080 states: Agreement for Use of City -Owned or City -Held Trust Property. In applying for a permit pursuant to this chapter, all telecom facilities located on City -owned or City -held trust property shall require a license agreement approved as to form by the City Attorney, and as to substance (including, but not limited to, compensation, term, insurance requirements, bonding requirements, and hold harmless provisions) by the City Manager, consistent with provisions of the Municipal Code and any applicable provisions of the City Council Policy Manual. City Council City of Newport Beach August 21, 2020 Page 2 Prior to City approval of a license agreement, the applicant shall obtain a MUP, CUP, LTP or ZC. Upon the issuance of a MUP, CUP, LTP or ZC, as required, and with an approved license agreement, the applicant shall obtain any and all necessary ministerial permits, including encroachment permits for work to be completed in the public right-of-way and building permits, etc. All costs of said permits shall be at the sole and complete responsibility of the applicant. All work shall be performed in accordance with the applicable City standards and requirements. (Ord. 2014-1 On or about February 12, 2019, New Cingular Wireless PCS, LLC a Delaware Limited Liability Company, entered into a Master License Agreement with the City of Newport Beach, pursuant to the above municipal code section. (Attached as Exhibit A is page 1 of that Agreement.) The signatory on this Master license Agreement does not list or identify a "dba". The Master Lease Agreement requires indemnity by the licensee of the City, and a General Liability Policy of Insurance naming the City as an additional insured. Attached as Exhibit B is a copy of the Statement of Information filed by New Cingular Wireless PCS, LLC, with the California Secretary of State. Exhibit B at Item 5, shows "AT&T Mobility Corporation" as the manager of New Cingular Wireless PCS, LLC. AT&T Mobility Corporation is Not the Licensee Under the Master License Agreement AT&T Mobility Corporation is also Not Registered To Do Business in California Exhibit C which is the Statement of Information from the California Secretary of State for an entity registered as AT&T Mobility Wireless Operations Holdings, Inc. AT&T Mobility Wireless Operations Holdings Inc. may be registered to do business in California, but it is not the licensee under the Master License Agreement, nor is it the manager of New Cingular Wireless PCS, LLC, which is the licensee. Furthermore, in response to a Public Records Act request, the City provided the attached Fictitious Business Name registration, filed in Santa Ana (Exhibit D) . This Fictitious Business Name filing is void and a nullity, since it was filed by AT&T Mobility Corporation, which is an out of state corporation, not registered to do business in California. Accordingly, the applicant and the permit all should be in the name of New Cingular Wireless PCS, LLC. Not "AT&T". New Cingular Wireless PCS, LLC Failed to Provide Adequate Proof of Insurance The Certificate of Insurance, attached hereto as Exhibit E, was provided in response to a Public City Council City of Newport Beach August 21, 2020 Page 3 Records Act request. It now shows the insured as New Cingular Wireless PCS, LLC (with no dba) and an issue date of 6/01/2020. This was issued after the last planning Commission hearing, in response to our appeal, and did not exist at the time of the hearing. The prior Certificate of Insurance Checklist is attached as Exhibit E-2. Exhibit E, the Certificate of Insurance fails to list any exclusions. Exhibit E-2, on page 2, lists "v Pollution liability N/A". At the time of the Planning Commission hearing, staff assured the Commission that there was no pollution exclusion and that the policy had coverage for EMF caused injury or property damage. In response to our Public Records Act request we were provided with a series of email exchanges between Fauna Shrago , an Administrative analyst for the City and Dan Vozenilek for "AT&T Mobility". These emails are attached as Exhibit F. On page F 1, Fauna asks, on behalf of the City Risk Manager, for a copy of the "full /entire policy no. MWZY 31363519 and MWC 31363819." On page F 2, Dan Vozenilek responds and states: " Unfortunately, AT&T is unable to issue a renewal certificate of insurance prior to the renewal date (6/1/2020) ." He then goes on to say "We did confirm that AT&T is self insured for Pollution Coverage. We do not produce copies of AT&Ts insurance policy because it is confidential and proprietary in nature." No policy of insurance was provided. On page F3, Fauna again writes to Dan and underscores her prior request by explaining that the information is needed to "rebut" this appeal. She says: "The request to review the policy is due to an appeal from a citizen alleging that certain coverages excluded in the AT&T insurance coverage (sic) . The easiest way to rebut that allegation or understand the best way to respond, would be to review the policy." Someone named Cory Autry responds on behalf of AT&T and simply ignores the request for the policy but says: " Yes, AT&T always self insures for pollution coverage and to evidence it we issue a separate Self -Insurance certificate if needed." She concludes by simply saying : "We are insured for EMF". In response to our Public Records Act request we were provided with a 2 page "AT&T Certificate of Self Insurance", attached as Exhibit G. This document does not list either Pollution or EMF as covered risk of loss. It simply states: "extended perils -Flood, Earthquake; Business City Council City of Newport Beach August 21, 2020 Page 4 interruption/loss of Rents; Construction in Progress" and waiver of right to recover. New Cingular Wireless PCS, LLC has failed to provide adequate proof of insurance for EMF related perils including personal injury or property damage. THE POLICE' OF INSURANCE DOES NOT AFFORD FULL COVERAGE The permit issued by the Zoning Administrator is to deploy and place an antenna and supporting equipment which will emanate electromagnetic radiation. This carries with it the risk of negligent or unintentional exceedance of federally mandated maximum levels. This risk must be insured against. By reference to the Certificate of Insurance Checklist, Exhibit E-2, on page 2 under Additional Coverages section V, Pollution Liability is marked "N/A". This means the insurance policy does not carry any pollution insurance. Electro Magnetic Fields (EMF) are listed as a pollutant under the insurance company pollution exclusion of coverage. That means this policy will not cover EMF/RF generated illnesses. Below is exclusion language from General Liability Policies of Zurich, Sun, Hartford and CFC Underwriting for Lloyds. Updated Zurich Community Care Liability Insurance "We will not pay anything under this policy, including claim expenses, in respect of: Electromagnetic fields any liability of whatsoever nature directly or indirectly caused by, in connection with or contributed to by or arising from electromagnetic fields (EMF) or electromagnetic interference (EMI)" SUN General Insurance "This policy does not cover any liability, loss, cost or expense directly or indirectly arising out of, resulting from, caused or contributed to by exposure to magnetic electric or electromagnetic fields or radiation however caused or generated." The Hartford, "EXCLUSION — ELECTROMAGNETIC HAZARD" "The following exclusion is added: This insurance does not apply to: Electromagnetic Hazard...." CFC Underwriting LTD in London, the UIQ agent for Lloyds "The Electromagnetic Fields Exclusion (Exclusion 32) is a General Insurance Exclusion and is applied across the market as standard. The purpose of the exclusion is to exclude illnesses caused by continuous exposure to non -ionizing radiation exposure..." City Council City of Newport Beach August 21, 2020 Page 5 The Certificate of Insurance Checklist, Exhibit E-2, for AT&T shows "N/A" for Pollution Liability under paragraph V. In fact, EMFs are classified as "pollutants" alongside smoke, chemicals, and asbestos. If a company wants insurance for EMF exposure it must purchase additional Pollution Liability Coverage. Proof of such coverage has not been provided to the City by New Cingular Wireless PCS, LLC, the Licensee. There is, in the public record, no proof of financial responsibility or accounting to establish adequate liquidity of the licensee for the indemnification provisions of paragraph 28 of the Master License Agreement. REMEDIES The Council should grant the appeal and revoke the permit issued by the Zoning Administrator and affirmed by the Planning Commission until a) Licensee provides Proof of Insurance with the Licensee as a named Insured; b) Licensee provides proof of Pollution Liability Coverage for EMF related exposures and illnesses; and c) Licensee resubmits its application under the legal name on the Master License Agreement; New Cingular Wireless, PCS, LLC (not under a nonexistent dba "AT&T"). Once the above compliance is established, and all three criterion have been provided, then the permit may re -issue, but only in the name of the licensee or in the name of some other entity registered to do business in California which also has signed a Master License Agreement required by Title 3 section 2.49.080 of the Newport Beach Municipal Code. Respectfully submitted, POLLOCK & JA ES, LLP Mark ollock attachments MASTER LICENSE AGREEMENT BETWEEN THE CiTY OF NEWPORT 13EACH AND NEW CiNGULAR WIRELESS PCS, LLC FOR THE USE OF CITY -OWNED STREETLIGHTS FOR TELECOMMUNICATION FACILITIES This MASTER LiCENSE AGREEMENT (Waster License") is entered into between the City of Newport Beach, a California municipal corporation and charter city ("City"), and Neuv Lingular V1►ireless P'`f IwL, a Delaware limited liability company (at[cet;see")`: on this 12th day of FebiYaary, 2419 ("Effective Date"). City and Licensee are each a uParty" and together the "Parties" to this Master License, RECITALS A. City is a municipal corporation duty organized and validly existing under the laws Of the State of Caiifomia with the power to carry on its business as it is now being conducted under the statutes of the State of California and the City Charter; B. City is the fee title owner of certain Streetlight(s) located within the Public Right of - Way in the City of Newport Beach, California; C. Licensee desires to license from City, on a non-exclusive basis, the right to attach, install, operate, maintain, and remove certain Telecommunication Facilities on certain City -owned Streetlights located within certain areas of the Public Right -of - Way (collectively, the "License Area'); D. The Parties anticipate amending this Master License from time -to -time by attaching and incorporating herein the specific License Area(s) to this Master License to include additional City -owned Streetlights to allow for the attachment, installation, operation, maintenance, and removal of additional Telecommunication Facilities as permits are obtained from the City; E. Pursuant to the Newport Beach Municipal Code ("NBMC") and City Council Policy L-23, City sought the assistance of an appraiser to determine the maximum or fair market value rent for the License Area; and F. City is willing to make the License Area available to Licensee, subject to the covenants and conditions set forth in this Master License on a non-exclusive basis, to facilitate the efficient and orderly deployment of communications facilities in the City of Newport Beach. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEFINITIONS 1.9 "Amendment" means that document prepared by City in substantially the form attached hereto as Exhibit "A" itemizing the City -owned Streetlights) and describing and depicting the License Area(s) on which Licensee is authorized to install a Telecommunication Facility. New Cingular Wireless PCS, LLC, EXH I E31T "I /� t� Page' ♦ s�i .EDF FN Secretary of State LLC -12 e Statement of Information (Limited Liability Company) �t�IFORR�h IMPORTANT — Read instructions before completing this form. Filing Fee – $20.00 Copy Fees – First page $1.00; each attachment page $0.50; Certification Fee - $5.00 plus copy fees 19-D29697 FILED ED In the office of the Secretary of State of the State of California AUG 29, 2019 This Space For Office Use Only 1. Limited Liability Company Mame (Enter the exact name of the I.I.C. K you registered in California using an alternate name, sae instructions.) NEW CINGULAR WIRELESS PGS, LLC 199930110028 4. Business Addresses 3. State, Foreign Countryor DELAWARE (only If formed outside of Califomia) a. Street Address of Principai Office - Do not list a P.O. Box 1025 Lenox Park Blvd NE City (no abbreviations) State Zip Code b. Mailing Address of LLC, if different than item 4a Atlanta City (no abbreviations) GA 30319 Zip Code 675 W. Peachtree St., N.W., Suite 2756 Atlanta State c. Street Address of Camomia Office, If Item 4a Is not in California - Do not list a P.O. Box City (no abbreviations) GA 30308 Zip Code State must be listed. If the mane edmember is an individual,"e-ampiete items 5a and 5e Or leave Item bi ntk).ai t one name and address S. Manager{s) or Member(s) f the ma geNmember is an err��yy, complete items 5b and 5c (leave Item 5a blankj. Note: The (.LC cannot sb serve as Its own manager or member. ff the LLC has additional managers/members, enterthe name(s) and addresses on Form LLC -12A (see instructions). a. First Name, if an idividual -Do not complete Item 5b Middle Name I Last Name Sumx b. Entity Name -Do not complete Item 5a AT&T Mobility Corporation c. Address City (no abbreviations) StateZip Code 1025 Lenox Park Blvd NE Atlanta GA 130319 6. Service of Process (Must provide either Individual OR Corporation.) INDIVIDUAL - Complete items 6a and 6h nniv. Mrmf incl: ifla -n: s,n a. California AgeriN First Name (if agent is not a corporation) Middle Name Lest Name Sufllx b. Street Address (if agent is not a corporation) - Do not eller a P.O. Box CORPORATIM—r•.nrenW.leen,a.....u.. City (no abbreviations) State Zip Coda -.q rnm urporauon. c. California Registered Corporate Agents Name (if agent is a corporation) - Do not complete Item ea or eb T CORPORATION SYSTEM (C0168406) 7. Type of Business a. Describe the type of business or services ofthe Limited Liability Company Provide wireless services and products. a. umiaT cxecunve utttcer, it elected or appointed - -- - a. First Name Middle Name Last Name Suffix b. Address City (no abbreviations) State Zip Code 9. ShP tnfnrmafinn n ,.toln-A I.— -_ _..., ........,..,.U.,,.1 q..ownucnra, IJ rue ano correct. 08/29/2019 Kelly Lehmann Power of Attorney Date Type or Print Name of Person Completing the Farm Title Signature Return Address (Optional) (For communication from the Secretary of Stateselated to this document, or if purchasing a copy of the filed document enter the name of a person or company and the mailing address. This information will become public when riled. SEE INSTRUCTIONS BEFORE COMPLETING.) Name: Company: pp IpT Address: City/State/Zip: L LLC -12 (REV 0112017) Page 1 of 1 2017 Callfomla Secretary of State www.sos.ca.govlbusinesslbe iL` Famn^.t4 �A d' itu.: '•p Ov State of California �.. Secretary of State Statement of Information (Foreign Corporation) FEES (Filing and Disclosure): $25.00. If this is an amendment, see instructions. IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM 1. CORPORATE NAME AT&T MOBILITY WIRELESS OPERATIONS HOLDINGS INC. 2. CALIFORNIA CORPORATE NUMBER C3304414 F 0773979 ir- In the office of the Secretary of State of the State of California JUL-05 2019 This Space for Filing Use Only No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.) 3. If there have been any changes to the information contained In the last Statement of Information filed with the California Secretary of State, or no statement of information has been previously filed, this form must be completed In its entirety. E] If there has been no change in any of the Information contained in the last Statement of Information filed with the California Secretary of State, check the box and proceed to Item 13. Complete Addresses for the Following (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.) 4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 1025 LENOX PARK BLVD NE, ATLANTA, GA 30319 5. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 6. MAILING ADDRESS OF THE CORPORATION, IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE 675 W. PEACHTREE ST., N.W. SUITE 2756, ATLANTA, GA 30319 Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added; however, the preprinted Hiles on this form must not be altered.) 7. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE JAMES LACY 1025 LENOX PARK BLVD NE, ATLANTA, GA 30319 8. SECRETARY ADDRESS CITY STATE ZIP CODE JACKIE A. BEGUE 1025 LENOX PARK BLVD NE, ATLANTA, GA 30319 9. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE CHAD WALKER 1025 LENOX PARK BLVD NE, ATLANTA, GA 30319 Agent for Service of Process If the agent is an individual, the agent must reside in California and Item 11 must be completed with a California street address, a P.O. Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 11 must be left blank. 10. NAME OF AGENT FOR SERVICE OF PROCESS C T CORPORATION SYSTEM 11, STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE Type of Business 12. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION TELECOMMUNICATIONS 13. THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT. 07/05/2019 KELLY LETTMANN POWER OF ATTORNEY DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE SI -350 (REV 0112013) APPROVED BY SECRETARY OF STATE itr`tl HUGH NGUYEN ® CLERK -RECORDER 12 CIVIC CENTER PLAZA, ROOM 108 POST OFFICE BOX 238 SANTA ANA, CA 82702.0238 Recorded In Officlal Records, Orange County Hltgh Ng�. enClerk-Recorder U U®®�Ipp1t ( 45 e�Ii1M2 23.00 11/21/2016 08:58:00 323 11 F01 23.00 0.00 0.00 0.Oo 0,00 o.o0 0.00 0.00 FICTITIOUS BUSINESS NAME STATEMENT THE FOLLOWING PERSON(S) IS (AREI DOING BUSINESS AS! 1. Fictitious Business Name(s) AT&T MOBILITY (optional) Business Phone No. 1l) New Statement a Refile • list previous No. 20110286350 Change 2, Street Address, City & State of Principal place of Business City Slate Zip Code County (Po not use P.O. box or P.M.B.) 4678 CAMPUS DR., SUITE C NEVVPORT BEACH, CA 82660 ORANGE Full name of Registered Owner (If Corporation, enter corporation name) If Corporation / LLC 3, NEW CINGULAR WIRELESS PCS, LLC State of Incorporation or organfzetlon DE Res. / Corp. Address (Do NOT use a P,O. Box or P.M.B) City State ZIP Code 1025 LENOX PARK BLVD NE ATLANTA GA 30319 (CHECK ONE ONLY) This business Is conducted by: a trust a state or local registered domestic partnership 4. an Individual M a general partnership M a limited partnership 11 an unincorporated association other than a partnership a corporation pa Limited Liability Partnership co-partners a married couple a Joint venture X Limited Liability Co. Have you started doing business yeti Notice, This Fictitious Business Name Statement expires five years from the date it was filed In the office of the County Clark -Recorder The statement expires 40 days after any change in tiro facts is made other than El Yes Insert Date: 01/30/2007 a change In the residences address of the registered owner. A new Fictitious Business Name Statement must be tied before either expiration When ceasing to transect business under an active Fictitious Business No Name Statement, Abandonment shall be filed. The filing of this statement does not of Asetf authorize the use 5, in this stale of a Flctnlous Business Name in violation of the rights of another under federal, prate or common law (see section 14411 of eel) , Business and Professions Code). If the registered owner Is NOT a corporation, sign below: If the registered owner Is: (See Instructions on the reverse side of this form) a corporation, an officer of the corporation signs below. any typo of partnership, the general partner signs below. 6, a limited liability company, a manager or an officer signs below. New Cingular Wireless PCS, LLC Signature: Limited Liability Company/Corpbretion/Partnershlp Name .1saic Begue, Assislsnl Saaelery of Mgr (Type or Print Nome) Signature and Title of Ogler/Manager or General Partner I declare that all Information In this statement is true and correct 1 declare that all information In this statement is true and correct. (A (A registrant who declares as true any materiel matter pursuant to registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the Section 17913 of the Business and Professions Code that the registrant knows to be false Is guilty of a misdemeanor punishable registrant knows to be false is guilty, of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) by a fine not to exceed one thousand dollars ($1,000).) AT&T Mobility Corporation, Manager Print Name of Officer/Manager or General Partner These fees apply at gime of filing (Please prowde a self-addressed, stemped,return envelope if mailed): Filing fee $23.00 for one business name $7.00 for each additional business name $ t 6 1 $7.00 for each additional partner after first two f7 v 2 It I 1 T ��w3 - a. y b CC CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 06/01/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ONTACT Self -Insured Program Producer Information Is Not Applicable AME: Risk Management hone A/C, No. Ext): Fax A/C, No. Ext): -MAIL ❑ INSURED ADDRESS: jh9573 atLcom INSURERS AFFORDING COVERAGE NAIC # New Cingular Wireless PCS, LLC NSURERA: Self insured N/A One AT&T Plaza INSURER B: Old Republic Insurance Co. 24147 208 South Akard Room 1820 Dallas, TX 75202 NSURER C: NSURER D: NSURER E: c iOJU6 lJ at=. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD'L INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP M/DD LIMITS A GENERAL LIABILITY El COMMERICAL GENERAL LRBRJTY CLAM MADE El OCCUR ❑ ❑ Self -Insured Ongoing Ongoing EACH OCCURENCE $N/A DAMAGE TO RENTED $N/A PREMISES (Ea occurrence) MED EXP (Anyone person) $N/A FOLLOWS ISO FORM CGOOOI PERSONAL&ADV INJURY $N/A ❑ PRIMARY,NON-CONTRIB. APPLIES GEN'L AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ PROJECT ❑ IAC GENERAL AGGREGATE $N/A PRODUCTS - COMP OP AGO $N/A $N/A A AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ Self -Insured As approved by State Ongoing Ongoing COMBINED SINGLE LIMIT (Each Occurrence) $N/A BODILYINJURY $N/A (Perperson) ❑❑SCHEDULED ALL OWNED AIITn57 AUTOS ❑ HIRED AUTOS 1:1 NON -OWNED AUTOS ❑ FOLLOWS ISO FORM CA UUU I BODILY$N/A (Per acciddent)ent) PROPERTYDAMAGE $N/A (Per accident) ❑ UMBRELLA LIAB ❑ OCCUR ❑ EXCESS LIAR ❑ CLAIMS -MADE ❑ ❑ N/A N/A N/A EACH OCCURRENCE $N/A AGGREGATE $N/A ❑ DED ❑ RETENTION$ $N/A 0A '-)B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY FOLLOWS NCCI FORM WC 0000000 N/A ❑ WC STATU- ®TORY LIMITS I ❑EORTH- E.L EACH ACCIDENT $N/A ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? No (Mandatory In NH) E.L DIS EAS E -EA EMPLOYEE SN/A Ifyes, describe under DESCRIPTION PER w E. DISEASE - POLICY LIMIT$N/A A POLLUTION LEGAL LIABILITYIENVIRON- MENTAL REMEDIATION/CLEAN-Up ® ❑ Self -Insured Ongoing Ongoin____ _-_.___........_�.__.._._........____.-.__.___� .__...____... —____._____g _-....EACHOCCURRENCE SI,000,000 LIABILrrY/ENVIRONMENTAL IMPAIRMENT COVERAGE FOLLOWS CHARTIS INSURANCE COMPANY'S POLLUTION LEGAL LIABILITY S ELECT POLICY FORM #104827Coverage PRIWARY/NON-CONTRIB. APPLIESParty ❑ Includes Coverage B -On -Site Clean -Up ofNew Conditions: Coverage D -3b Party Claims for Off -Site Clean -Up Resulting From New Conditions; Coverage E -3'a Party Clavas for Bodily h*ry and Property Damage; Coverage G - 3m Party Claims for Non -Owned Locations; H-3'aParty Claims for Covered Operations; Coverage 1-3"t Claims Resulting From Transportation of Cargo AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (Attach ACORD Additional Remarks Schedule, If more space Is required) ._�.....__.....................__...._______._.....__..._.._......_...__..__...._____._.__........._......-.........._..__...____.._..._—'—.-_.__.._.._.._.____-.__...._..__....__......_.__..---'---...___.____.__..._......__.__--.._......_.__._._.._....._......._.___ Coverage for self-insurance follows latest version of forts listed above for each coverage. All coverages (including additional insured and waivers ofsubrogation status) apply based in written contract Policy" o[J.....cles_ mean.self=insured,covea�re_as_f�olicg.exis ted,Note_ Co• eraees_arnnot be amended or ertcnded in the below Drccriyuon �r^a.__ ..... _---------- ---------- Re: City of Newport Beach CERTIFICATE HOLDER CANCELLATION City of Newport Beach Attn: Lauren Wooding 100 Civic Center Drive Newport Beach, CA 92660 A n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE AT&T Risk Management 9 - -ter, tv r—HO UORFOR-A i Iurv. Au ngms reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE CHECKLIST MY of Newport Beach This checklist is comprised of requiraments as outlined by the City of Newport Beach, � Date Received: 2JI5/I9 Dept./Contact Received From: Sunny Date Completed: 3/11/19 Sent to: Sunny BY= Jan Company/Pamon required to have certificate: AT&T Type of contact; Other 1, GENERAL LIABILITY EFFECTIVE/EXPIRATiON DATE: 6/1/18 8/1119 A. INSURANCE COMPANY; O[d Stepublic Insurance Company B. AM BEST RATING (A-: VIi or greater): A+/XII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes C3 No D. LIMITS (Must be $1M or greater): What is remit provided? $IM/$IOM E. ADDITIONAL INSURED ENDORSEMENT -� please attach Yes Q No F. PRODUCTS AND COMPLETED OPERATIONS (Must include). is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDMONAL INSURED FOR PRODUCTS AND ®Yes Q No COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) Byes Q No 1.1. ADDITIONAL. INSURED WORDING TO INCLUDE (The City its officers, Ofticfais, employees and volunteers): is it included? I. PRIMARY & NON-CONTRIBUTORY WORDING (dust be ® Yes Q No Included): is it Included? J. CAUTION! (Confirm that toss or IiabHity of the named insured ®Yes D No Is not limited solely by their negligence) Does endorsement include 'solely by negligence" warding? K- ELECTED SCMAF COVERAGE (RECREATION ONLY): L. © Yes ® No 11 NIA ❑Yes Q No NOTICE OF CANCELLATION: ❑ NIA $j Yes [j No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: .611118-6/1119 A. INSURANCE COMPANY: _pld itepublic Tnsu� mpg B. AM BEST RATING (A-: Vil or greater) A+ / XTI C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted In Califomla? D, LIMMS - If Employees (Must be $1M min. Bl & PD and $500,000 • Yes Q No UM, $2M min for Waste Haulers): What is limits provided? E LIMITS Waiver of Auto Insurance / Proof $1,000,000 of coverage (if individual) (What is limits provided?) F. ADDITIONAL INSURED WORDING: N/A --------E} G. PRIMARY & NON-CONTRIBUTORY WORDING: NIA ® Yes [] No © N/A H. HIRED AND NON -OWNED AUTO ONLY: Il Yes Q No I. NOTICE OF CANCELLATION: ❑ N/A Q Yes Q No Q N/A ®Yes Q No EXHIBIT TIT, WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: Old Republic Insurance Comgmy B. AM BEST RATING (A-: V1I or greater). A+/XIT C. 0. ADMITTED CompanY (Must be Calffomfa Admitted): ® Yes Q No WORKERS' COMPENSATION LIMIT: Statutory Q No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000Y� P. G. WAIVER OF SUBROGATION (To Include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® Yes Q No H. NOTICE OF CANCELLATION- ® N/A Q Yes Q No Q NIA ®Yes Q Na ADDITIONAL COVERAGE'S THAT MAYBE. REQUIRED TV. PROFI=SSIONAL LIABILITY V POLLl1TiON LiABit ITY O N/A QYes ONO --v V1 BUILDERS RISK OR INSTALLATION FLOATER— 7/22/19-3Iil29 SEL FINSUftEQDYeS El No NAVE ALL ABOVE RggWIREMENI"S t�a� ? IF NO, WHtGH ET>=tViS NEED TQ B CpA pLP EW Broker of record for the Chy of Newport Beach 3H 1 /19 Date Q N/A 0 Yes Q No RISK MANAGEMENT APPROVAL FtE UI P_L7 (Non -admitted carrier rated less than --_ Safi Insured Retention or Deduntfble greater than $ Q NIA ❑Yes [] No Reason for Risk Management approval/exct?»ttnntu��„ar. W/19 RM a roved *=if insurance on Bu I e Risk/Construction in Process exo0sure. Approved: Risk Management Oate * Subject to the terms of the contract. .of ca 1452 Edinger, Tustin, Ca. 92780 From: Shrago, Fauna <fshrago(tnewportbeachca.g_ov> Sent: Friday, May 8, 2020 10:51 AM To:'att.certrequest@marsh.com' <att.certrequest(@marsh com>; VOSS, KATELYN <KV166G(@att.com>; VOZENILEK, DAN <d)/574p(@att.com>; 'cory.autrey@wirelesspolicy.com' <cory autreyPwirelesspolicy com> Cc: Propertyinsurance <propertyinsurance(newportbeachcaov> Subject: City of Newport Beach Request for Full Policy, New Cingular Wireless PCS, LLC Good morning, The Risk Manager for the City of Newport Beach has requested a copy of the full/entire Policy No. MWZY 31363519 and MWC 31363819, (Customer No. CN103150778). Please provide copies by reply to this email, or by mail to the following address: City of Newport Beach Real Property and Asset Management Program Attn: Fauna Shrago, Administrative Analyst 100 Civic Center Drive Newport Beach, CA 92658 Please provide a timeframe when this might be received. Should you have any questions, please contact me at 949-644-3206 or email at fshragot7a newportbeachca aov. Thank you, FAUNA SHRAGO Community Development Department Administrative Analyst Real Property and Asset Management Program fshrapo(a)newportbeachca gov 949-644-3206 6% F —10 Thank you, FAUNA SHRAGC Community Development Department Administrative Analyst Real Property and Asset Management Program fshraao(dne wportbeachca. aov 949-644-3206 From: VOZENILEK, DAN <dv574p@att.com> Sent: Wednesday, May 13, 2020 10:04 AM To: Shrago, Fauna <fshrago@newportbeachca.gov>; Iatt.certrequest@marsh.com' <att.certrequest@marsh.com> Cc: Propertyinsurance<propertyinsurance@newportbeachca.gov>; VOSS, KATELYN <KV166G@att.com>;'cory.autrey@wirelesspolicy.com'<cory.autrey@wirelesspolicy.com>; 'Judy Woolen' <judy_woolen@sbcglobal.net>; MAIALE, GINA <rv3423@att.com> Subject: RE: City of Newport Beach Request for Full Policy, New Cingular Wireless PCS, LLC [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Fauna, I left you a VM last Friday. We reached out to our risk management group regarding this issue. Unfortunately AT&T is unable to issue a renewal certificate of insurance prior to the renewal date. AT&T renews every year at the same time, and the current certificate does not expire until June 1st, 2020. We did confirm that AT&T is Self -Insured for Pollution coverage. We do not produce copies of AT&T's insurance policy because it is confidential and proprietary in nature. if need be we can setup a phone call with Gina Maiale from our Risk Management team to answer any additional questions. Thank you, Ilan Vozenilek Senior Technical Project Manager Mobile: (562)716-4647 AT&T Mobility From: Cory Autrey To: Shraoo, Fauna; VOZENILEK. DAN Cc: Prooertyinsurance; VOSS, KATELYN; "Judy Woolen"; Wooding, Lauren Subject: Re: City of Newport Beach Request for Full Policy, New Cingular Wireless PCs, LLC Date: Friday, May 15, 2020 10:53:21 AM Attachments: imaae002.ono image004.Dng [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Fauna — I wanted to provide you additional information we obtained from AT&T's Risk Manager. They state the following: "Yes, AT&T always self -insures for Pollution coverage, and to evidence it we issue a separate Self - Insured certificate if needed. Pollution coverage consists of claims from third parties against bodily injury and property damage caused by hazardous waste materials released during a company's business operations. We are insured for EMF." Let me know if this helps as I know we both have a vested interest in making sure we're covered with the correct info for the appeal hearing. Cory Autrey cory autreyna wirelessi2olicy com 626-290-3143 From: "Shrago, Fauna" <fshrago@newportbeachca.gov> Date: Wednesday, May 13, 2020 at 10:09 AM To: Dan Vozenilek <dv574p@att.com>, "'att.certrequest@marsh.com"' <att.certrequest@marsh.com> Cc: Propertyinsurance<propertyinsurance@newportbeachca.gov>, Katelyn Voss <KV166G@att.com>, Cory Autrey<cory.autrey@wirelesspolicy.com>, 'Judy Woolen' <j udy_woolen @sbcglobal. net>, "MAIALE, GINA" <rv3423@att.com> Subject: RE: City of Newport Beach Request for Full Policy, New Cingular Wireless PCS, LLC Hi Dan, Thank you for the follow up and further explanation. I returned your call and left a voicemail message yesterday, however, I believe the below information covers the same questions I had to you. The request to review the policy is due to an appeal received from a citizen alleging certain coverages excluded in the AT & T insurance coverages. The easiest way to rebut that allegation or understand the best way to respond, would be to review the actual policy. I understand that it is proprietary and will relay the same to the City's Risk Manager and determine if there are any additional questions we may have. Thank you for your assistance. Certificate of Property Self Insurance Attn: AT&T Services Inc. Risk Management 208 S. Akard, Floor 18 Dallas, TX 75202 ..........................m...........................' YP ....................... ®imits ........Y ............ Type of Insurance......... Description. T e of Limits Limits ......it Property All Risks Per Occurrence Replacement Cost ..........................m...........................m..........................e ............................ Affiliates of AT&T'sself-insurance will act as if commercial property insurance had been purchased. As contractually obligated, AT&T's self-insurance includes All Perils; Extended Perils — Flood, Earthquake; Business Interruption/Loss of Rents; Construction in Progress; and will waive their rights to recover from the other for any and all loss of or damage to their respective property if such loss or damage is covered, or required by this contractual obligation to be covered, by a valid and collectible commercial insurance policy or self-insurance; including "additional insured" and "loss payees". The entity shown below provides coverage under its program of self-insurance. Legal entity to which this certificate applies is: New Cingular Wireless PCS, LLC Description of Operations/Locations: Attention: City of NewportBeach Holder Name: Insurance Compliance Street Address: PO Box 100085 -FV City: Duluth State: GA Zip: 30096 Date Issued 5/27/2020 Lease End Email Address: dv574p@att.com Date 5/27/2021 Optional Attachment: I File Attachment AT&T Employee Name: VOZENILEK, DAN Issued By: AT&T Employee dv574p@att.com AT&T Services Inc Email; Wayne K Johnson ..................m............................e......... m .................................................... CANCELLATION: Should any of the above described self-insured coverages be canceled or materially altered before one year after the issuance of this Certificate, the Company will endeavor to mail thirty (30) days written notice to the certificate holder named above. Failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives. The limits evidenced on the above certificate will not increase or reduce those insurance limits set forth within the stated requirements of the contract to which this certificate applies. The giving of this Certificate will not increase the limits of the Company's liability to the Holder. Rev. 02.05.2018 �2 �9 From: m60656(a1attcom To: DhiJq S�nPy Cc: kv_1(z6g att& m Subject: City of Newport Beach Date: Friday, February 22, 2019 11:13:02 AM Attachments: Form Xmd [Submitted by KV166G@att.com] Certificate Of Self Insurance Property v T Certificate of Property Self Insurance Attn: AT&T Services Inc. Risk Management 208 S. Akard, Floor 18 Dallas, TX 75202 Type of insurance • • Description Type of limits • Limits of Liability Property•••••••••• ••••... gllRisks .•..•'�.••••••..� Per Occur rence�•••••••••• Replacement Cost••••..•••• Affiliates of AT&T's self -Insurance will act as if commercial property insurance had been purchased. •As contractually obligated, AT&T's self-insurance includes All Perils; Extended Perils — Flood, Earthquake; Business Interruption/Loss of Rents; Construction in Progress; and will waive their rights to recover from the other for any and all loss of or damage to their respective property if such loss or damage Is covered, or required by this contractual obligation to be covered, by a valid and collectible commercial insurance policy or self-insurance; including "additional insured" and "loss payees". The entity shown below provides coverage under its program of self-insurance. Legal entity to which this certificate applies is: New Cingular Wireless PCS, LLC Description of Operations/Locations: Tto install, operate, maintain, and remove Small Cell telecommunication facilities within certain areas of the Public Right -of -Way on City -owned Streetlights. Attention: Sunny Dhillon Holder Name: City of Newport Beach Street Address: 100 Civic Center Drive City: Newport Beach State: CA Zip; 92660 Date Issued 2/22/2019 Email Address: sdhillon@newportbeachca.gov Lease End Date 3/1/2029 File Attachment Optional Attachment: Issued AT&T Employee Name: Katelyn Voss r—/- ---- AT&T Employee Email: kvl66g@att.com AT&T Services, Inc ...........------------- .�. y....0he................. any of the above described self-insured coverages be canceled or materially altered before one year after the issuance of this ate, the Company will endeavor to mail thirty (30) days written notice to the certificate holder named above. Failure to mail