HomeMy WebLinkAbout21 - Mesa Consolidated Water District Telecommunications Facility PermitCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
21
Agenda Item
January 25, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Erin M. Steffen, Planning Technician
(949) 644 -3234, esteffenCcDnewportbeachca.gov
SUBJECT: Mesa Consolidated Water District Telecommunications Facility Permit
(PA2010 -046)
38 Ridgeline Drive
• Telecom Permit No. 2010 -005
APPLICANT: Mesa Consolidated Water District
ISSUE
Mesa Consolidated Water District requests approval of a Wireless Telecommunications
Facility Permit to install a Supervisory Control and Data Acquisition system.
RECOMMENDATION
1. Staff recommends that the City Council review the application, pursuant to Section
15.70.070(F) of the Newport Beach Municipal Code; and
2. Adopt Resolution No. approving Telecommunications Permit No. 2010 -005,
subject to the findings and conditions of approval (Attachment No: CC 1).
Mesa Consolidated Water District Telecommunications Facility Permit
January 25, 2011
Page 2
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Mesa Consolidated Water District Telecommunications Facility Permit
January 25, 2011
Page 3
INTRODUCTION
Project Setting
The proposed telecommunications facility is located on private property near Irvine Ranch
Water District's (IRWD) maintenance and water treatment building located at the base of
the San Joaquin Reservior dam. The site is accessed by way of private road from Ford
Road or Ridgeline Drive and abuts open space areas to the north and south and
residential communites to the east and west.
Project Proposal
Mesa Consolidated Water District (Mesa) is requesting to upgrade their existing third parry
communications system with a Supervisory Control and Data Acquisition (SCADA)
system. The system will assist in managing and delivering water and water - related
services to customers within its service area, including the City of Costa Mesa, portions
of the City of Newport Beach, and unincorporated areas of Orange County.
The system would consist of a new standard monopole with antenna and support
equipment attachments, including a yagi antenna, an omni antenna, two solar panels,
and an equpiment cabinet with base support equpiment. The applicant's project
proposal and justification statement is attached as Attachment No. CC 2. A copy of the
project site plans and elevations depicting the proposed project are attached as
Attachment No. CC 3.
The antenna array is proposed at a maximum height of 30 feet on a new 26.5 -foot
standard monopole that is approximately 3 inches in diameter. The yagi antenna
measures 19.7- inches long and will be mounted perpendicular to the pole at a height of
25 feet. The omni antenna measures 40- inches long and is 1 inch in diameter, and will
be mounted so that the top of the antenna will not exceed a maximum height of 30 feet.
The two solar panels measure 40- inches high by 26- inches wide by 1 -inch thick and will
be mounted at a height of approximately 6.5 feet. The new equipment cabinets will
measure 36- inches high by 36- inches wide by 12- inches deep and be mounted on the
pole approximately 2.5 feet above the ground.
DISCUSSION
Pursuant to Section 15.70.050 (Height and Location) of the Wireless
Telecommunications Facilities Ordinance (Telecom Ordinance), review by City Council
is required for applications for a telecommunication facility when a new standard
monopole with attached antenna elements is proposed.
Required Findinqs
Per Section 15.70.050.B.2, applicants proposing telecom facilities that include the
installation of a new standard pole shall be required to show to the satisfaction of the
City Council that:
3
Mesa Consolidated Water District Telecommunications Facility Permit
January 25, 2011
Page 4
a. Higher priority locations are either not available or are not feasiblel;
b. Establishment of a facility on a new standard monopole or lattice tower is necessary
to provide service; and
c. Lack of such a facility would result in a denial of service.
Per Section 15.70.070.F.3, when reviewing an application subject to special review, the
City Council may approve an application if it makes the following findings:
a. The approval is necessary to allow the facility to function as intended and identified
alternatives to the proposal are not feasible.
b. The approved facility will not result in conditions which are materially detrimental to
nearby property owners, residents, and businesses, nor to public health or safety.
In reviewing the project in regards to these findings, staff evaluated the height, location,
and design of the proposed project and its relationship to the site, surrounding
environment, and other land uses in the vicinity.
,Finding: Higher priority locations are either not available or are not feasible.
Mesa considered locating the facility on higher priority locations such as the reservoir's
dam, existing utility poles, and on the IRWD building. However, they determined a new
standard monopole with attached antenna elements to be the safest, most reliable, cost
effective solution for their telecom facility given its desired function, the topography of the
area, and the lack of alternative designs and locations that would not result in potential
negative visual impacts such as taller antennas or the proliferation of antennas.
Mesa has conveyed the importance of having independent control of their sites for security
reasons and preference of the installation its own facilities. Locating on any one of the
existing structures would require Mesa to use a leased phone line system, which they
assert as a potential liability in operating the distribution system specifically in case of
emergency, vandalism, accidents or outside threats to the safety and security of the water
system.
Finding: Establishment of a facility on a new standard monopole or lattice tower is
necessary to provide service.
The applicant indicates that the proposed facility is vital to the operation and maintenance
of the water distribution system as it is a major point to collect and send the SCADA data.
Establishing the facility on a new pole at this site will allow Mesa to upgrade, operate, and
maintain their system without relying on a third party or leased telephone lines.
Additionally, the location of 'several turnouts on Mesa's transmission pipeline makes
'Per Section 15.70.030 (Definitions), feasible means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account environmental, physical, legal, and
technological factors.
■!
Mesa Consolidated Water District Telecommunications Facility Permit
January 25, 2011
Page 5
sending a signal directly from the turnout points to the backbone distributed antenna
system (DAS) difficult without extremely tall antennas. In lieu of tall antennas, Mesa
determined that lower antennas directed toward the proposed site would be the least
intrusive and most economical.
Finding: Lack of such a facility would result in a denial of service.
Mesa requires a telecommunications system to manage and deliver water and water -
related services to its customers. They could continue to operate the water system as it
currently does using leased phone lines. However, the potential liability of relying on
third party communication would still exist in the cases of emergency, vandalism, or
accidents, which could threaten the safety and security of the water system.
Finding: The approval is necessary to allow the facility to function as intended and
identified alternatives to the proposal are not feasible.
No other locations within the immediately surrounding area would be able to provide the
technical coverage objective afforded by the project site due to the topography of the area.
Additionally, no other site within the vicinity allows Mesa the ability to independently
operate and maintain its system without relying on a third party. Establishing the proposed
facility on an alternative site will not allow the system to function as intended and could
result in the need for taller antennas at other sites, thereby increasing the potential for
negative visual impacts in those locations.
Finding: The approved facility will not result in conditions which are materially
detrimental to nearby property owners, residents, and businesses, or to public
health or safety.
The proposed facility would not be detrimental to the character of the nearby
neighborhood nor have an effect on public streetscapes, or scenic ocean and coastal
views because the facility will be located in a valley below the San Joaquin Reservoir
dam, where there are no scenic ocean or coastal views. The facility will be unstaffed,
require only periodic maintenance, and not generate noise, odor, smoke, or other
adverse impacts to the environment as these effects are not typical of these types of
facilities. The facility will also comply with the applicable rules, regulations and
standards of the Federal Communications Commission (FCC) and the California Public
Utilities Commission (CPUC), thus ensuring public health and safety.
The proposed installation has also been approved by the property owner, IRWD, and
the neighboring homeowner association (HOA), Newport Ridge North. IRWD's
agreement and the HOA's approval letter allowing the installation of the
telecommunications facility are attached (Attachment No. CC 4 and Attachment No. CC
5, respectively). As part of the HOA's approval process, Mesa installed a "mock"
antenna simulating the height and location of the proposed project and found that the
telecommunication facility would not be visible from the neighboring homeowners. A
copy of the photos taken of the "mock" antenna array is attached as Attachment No. CC 6.
5
Mesa Consolidated Water District Telecommunications Facility Permit
January 25, 2011
Page 6
Conclusion
Based on the foregoing information, staff believes the City Council can make all of the
required findings to approve the telecommunications permit.
Environmental Review
The project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class 3
(New Construction or Conversion of Small Structures). Class 3 allows the construction
and location of limited numbers of new, small facilities or structures; installation of small
new equipment and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure.
Public Notice
A notification describing the proposal and the date and time of the City Council review
was mailed to property owners of record within 300 feet of the proposed location of the
telecom facility a minimum of 10 days in advance of the Council review date.
Alternatives
The City Council has the option to alter the proposed design or conditions of
approval in order to address any specific concerns the Council or public may have.
2. The City Council may deny the subject permit.
Prepared by:
Submitted by:
Erin M. Steffen J mes Campb I
Planning Technician Acting Planning Director
ATTACHMENTS:
1. Resolution of Approval, including findings and conditions
2. Project Description and Justification
3. Project Plans
4. IRWD agreement
5. Newport Ridge North Homeowner Association Approval Letter
6. Photo simulation of'Mock' Antenna Array
f
Attachment No. CC 1
Resolution Approving Telecom Permit No.
2010- 005(PA2010 -046)
7
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING TELECOMMUNICATIONS
PERMIT NO. 2010 -005 FOR A TELECOMMUNICATIONS FACILITY
LOCATED AT 38 RIDGELINE DRIVE (PA2010 -046)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Mesa Consolidated Water District, with respect to property
located at 38 Ridgeline Drive, legally described as Irvine Subdivision, Block 98, Lot 466,
requesting approval of a Telecommunications (Telecom) Permit.
2. The applicant proposes to upgrade their existing third party communications system with a
Supervisory Control and Data Acquisition (SCADA) system. The system would consist of
a new standard monopole with antenna and support equipment attachments, including a
yagi antenna, an omni antenna, two solar panels, and an, equpiment cabinet with base
support equpiment. The overall antenna array is proposed at a maximum height of 30 feet
and the new standard monopole is approximately 26.5 feet in height and 3 inches in
diameter.
3. The subject property is located within the Public Facilities (PF) Zoning District and the
General Plan Land Use Element category is Public Facilities (PF).
4. Pursuant to Municipal Code Sections 15.70.050.6.2 and 15.70.070.F.1.b, a Special Review
by City Council was held on January 25, 2011, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.,
This project has been determined to be categorically exempt under the requirements of
the California Environmental Quality Act under Class 3 (New Construction or Conversion
of Small Structures). Class 3 allows the construction and location of limited numbers of
new, small facilities or structures; installation of small new equipment and facilities in
small structures; and the conversion of existing small structures from one use to another
where only minor modifications are made in the exterior of the structure.
SECTION 3. REQUIRED FINDINGS.
Applications subject to special review may be approved by City Council if it makes the
specified findings pursuant to Section 15.70.050.6.2 and Section 15.70.070.F.3 of the
Newport Beach Municipal Code. The City Council hereby finds that the evidence provided
C
1
City Council Resolution No. _
Telecom Permit No. 2010 -005
Paqe 2 of 7
by the applicant, both written and oral, presented to, and considered by the City Council,
does support such findings, as set forth below:
Finding:
A. Higher priority locations are either not available or are not feasible.
Facts in Support of Finding:
A -1. Although higher priority locations exist, there are negative visual impacts, such as
taller antennas or the proliferation of antennas, associated with those locations.
A -2. The proposed location and design was determined to be safest, most reliable, cost
effective solution for the facility given its desired function and the topography of the area.
A -3. Locating the facility on any one of the existing higher priority locations would require
Mesa to use a leased phone line system, which could serve as a potential liability in
operating the distribution system specifically in case of emergency, vandalism, accidents
or outside threats to the safety and security of the water system.
A-4. The proposed telecommunications facility is located on private property.
Finding:
B. Establishment of a facility on a new standard monopole or lattice tower is necessary to
provide service.
Facts in Support of Finding:
B -1. The applicant indicates that the proposed facility is vital to the operation and
maintenance of the water distribution system as it is a major point to collect and send the
SCADA data. Establishing the facility on a new pole at this site will allow Mesa to
upgrade, operate, and maintain their system without relying on a third party or leased
telephone lines.
B -2. The location of several turnouts on Mesa's transmission pipeline for the operation of their
water system makes sending a signal directly from the turnout points to the backbone
distributed antenna system (DAS) difficult without extremely tall antennas. In lieu of tall
antenna's, Mesa determined that lower antenna's directed toward the proposed new
standard monopole site would be the least intrusive and most economical.
Finding:
C. Lack of such a facility would result in a denial of service.
I
City Council Resolution No.
Telecom Permit No. 2010 -005
Page 3 of 7
Facts in Support of Finding:
C -1. Mesa requires a telecommunications system to manage and deliver water and water -
related services to its customers. They could continue to operate the water system as
it currently does using leased phone lines. However, the potential liability of relying on
third party communication would still exist in the cases of emergency, vandalism, or
accidents, which could threaten the safety and security of the water system.
Finding:
D. The approval is necessary to allow the facility to function as intended and identified
alternatives to the proposal are not feasible.
Facts in Support of Finding:
D -1. No other locations within the immediately surrounding area would be able to provide the
technical coverage objective afforded by the project site due to the topography of the
area.
D -2. No other site within the vicinity allows Mesa the ability to independently operate and
maintain its system without relying on third party communications.
D -3. Establishing the proposed facility on an alternative site will not allow the system to
function as intended and could result in the need for taller antennas at other sites,
thereby increasing the potential for negative visual impacts in those locations.
Finding:
E. The approved facility will not result in conditions which are materially detrimental to
nearby property owners, residents, and businesses, nor to public health or safety.
Facts in Support of Finding:
E -1. The proposed facility would not be detrimental to the character of the nearby
neighborhood nor have an effect on public streetscapes, or scenic ocean and coastal
views because the facility will be located in a valley below the San Joaquin Reservoir
dam, where there are no scenic ocean or coastal views.
E -2. The facility will be unstaffed, require only periodic maintenance, and not generate
noise, odor, smoke, or other adverse impacts to the environment as these effects are
not typical of these types of facilities.
E -3. The facility will comply with the applicable rules, regulations and standards of the
Federal Communications Commission (FCC) and the California , Public Utilities
Commission (CPUC), thus ensuring public health and safety. - - -
Id
City Council Resolution No. _
Telecom Permit No. 2010 -005
Paqe 4 of 7
E4. The proposed installation has been approved by the property owner, Irvine Ranch
Water District, and the neighboring homeowner association, Newport Ridge North. As
part of Newport Ridge North's approval process, the applicant installed a "mock"
antenna simulating the height and location of the proposed project and found that the
telecommunication facility would not be visible from the neighboring homeowners.
E -5. As conditioned, the proposed telecommunication facility in this location will not result in
conditions that are materially detrimental to nearby property owners, residents, and
businesses, nor to public health or safety.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
SECTION 1: The City Council of the City of Newport Beach hereby approves Telecom
Permit Application No. 2010 -005, subject to the conditions set forth in "Exhibit A ", which is
attached hereto and incorporated by reference.
SECTION 2: This resolution was approved and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 25th day of January, 2011, by the following
vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
City Council Resolution No. _
Telecom Permit No. 2010 -005
Paqe 5 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
Telecom Permit No. 2010 -005
38 Ridgeline Drive
The development shall be in substantial conformance with the approved plot plan,
antenna and equipment plans, elevations, and photographic simulations, except as noted
in the following conditions.
2. The overall height of the antenna array consisting of a new standard monopole with
antenna and support equipment attachments, including a yagi antenna, an omni
antenna, two solar panels, and an equpiment cabinet with base support equpiment for
the telecom facility approved by this permit shall not exceed a maximum height of 30.
3. The specific size and location of the support equipment and all appurtenant above -
grade equipment associated with the telecom facility shall be designed and installed to
the satisfaction of the Planning Department and consistent with what is depicted on
the plans approved by this telecom permit.
4. Anything not specifically approved by this Telecom Permit is not permitted and must
be addressed in a separate and subsequent Telecom Permit application.
5. The telecom facility approved by this permit shall comply with all applicable rules,
regulations and standards of the Federal Communications Commission (FCC); the
California Public Utilities Commission (CPUC), and the NBMC.
6. The telecom facility shall comply with all regulations and requirements of the Uniform
Building Code, Uniform Fire Code, Uniform Mechanical Code and National Electrical
Code. All required permits shall be obtained prior to commencement of the
construction.
7. Prior to the issuance of any building, mechanical and /or electrical permits, architectural
drawings and structural design plans shall be submitted to the City of Newport Beach
for review and approval by the applicable departments. A copy of this approval letter
shall be incorporated into the drawings approved for the issuance of permits.
8. Appropriate information RF warning signs or plates shall be posted at the access
locations and each transmitting antenna. The location of the information warning signs
or plates shall be depicted on the plans submitted for construction permits.
9. The facility shall transmit and receive in the 900 MHz band. Any change or alteration
to the frequency shall require the prior review and approval of the Planning Director.
12
City Council Resolution No. _
Telecom Permit No. 2010 -005
Pape 6 of 7
10. The applicant shall not prevent or otherwise. interfere with the City of Newport Beach
from having adequate spectrum capacity on the City's 800 MHz radio frequencies at
any time.
11. No radio frequency (RF) compliance and radiation report is required unless the
applicant exceeds the 100 watts ERP.
12. The applicant shall provide a "single point of contact" in its Engineering and
Maintenance Departments that is monitored 24 hours per day to insure continuity on
all interference issues, and to which interference problems may be reported. The
name, telephone number, fax number and e-mail address of that person shall be
provided to the Planning Department and Newport Beach Police Department's Support
Services Commander prior to activation of the facility.
13. Should interference with the City's Public Safety radio equipment occur, radio
transmissions from the facility shall immediately be suspended until the radio
frequency is corrected and verification of the compliance is reported.
14. The applicant shall insure that the lessee or other user(s) shall comply with the terms
and conditions of this permit, and shall be responsible for the failure of any lessee or
other users under the control of the applicant to comply.
15. Should the approved telecom facility property be sold or otherwise come under
different ownership, any future owners or assignees shall be notified of the conditions
of this approval by the applicant. Failure by the current property owner or leasing
agent to provide the required notice or failure of the assignees to unconditionally
accept these conditions shall be a basis for the City to terminate this permit.
16. The telecom facility approved by the permit shall comply with any easements,
covenants, conditions or restrictions on the underlying real property upon which the
facility is located.
17. The telecom facility shad not be lighted except as deemed necessary by the Newport
Beach Police Department for security lighting or for short periods at night when service
of the facility is required. The night lighting shall be at the lowest intensity necessary
for that purpose and such lighting shall be shielded so that direct rays do not shine on
nearby properties. Prior to the final of building permits, the applicant shall schedule an
evening inspection by the Code Enforcement Division to confirm compliance with this.
condition.
18. The operator of the telecom facility shall maintain the facility in a manner consistent
with the original approval of the facility.
19. The City reserves the right and jurisdiction to review and modify any telecom permit
approved pursuant to Chapter 15.70 of the NBMC, including the conditions of
approval, based on changed circumstances. The operator shall notify the Planning
l_:�.
City Council Resolution No. _
Telecom Permit No. 2010 -005
Paae 7 of 7
Department of any proposal to change the height or size of the facility; increase the
size, shape or number of antennas; change the facility's color or materials or location
on the site; or increase the signal output above the maximum permissible exposure
(MPE) limits imposed by the radio frequency emissions guidelines of the FCC. Any
changed circumstance shall require the operator to apply for a modification of the
original telecom permit and obtain the modified telecom permit prior to implementing
any change.
20. This telecom permit may be modified or revoked by the City Council should they
determine that the facility or operator has violated any law regulating the telecom
facility or has failed to comply with the requirements of Chapter 15.70 of the NBMC, or
this telecom permit.
21. If the applicant or subsequent owner ; intends to abandon or discontinue use. of a
telecom facility, he or she must notify the Planning Director by certified mail no less
than 30 days prior to such action. The operator or property owner shall have 90 days
from the date of abandonment or discontinuance to reactivate use of the facility,
transfer the rights to use the facility to another operator, or remove the telecom facility
and restore the site.
22. This approval shall expire unless exercised within 24 months from the date of
approval.
23. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, .causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the Mesa
Consolidated Water District Telecom. Permit, including, but. not limited to,
Telecommunications Permit No. 2010 -005 (PA2010 -046). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action,
causes of action, suit or proceeding whether incurred by applicant, City, and /or the
parties initiating or bringing such proceeding. The applicant shall indemnify the City
for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Attachment No. CC 2
Project Description and Justification
is
ATTACHMENTS
2.01
See Attached Letter dated June 10, 2010.
3.15 — See attached Appendix A
4.03 — Mesa's primary purpose is to manage and deliver water and water - related services to customers
within its service area. Mesa distributes a combination of imported water, local groundwater, and
recycled water to approximately 23,500 retail accounts (population of over 110,000) in an 18 square
mile area, which includes the City of Costa Mesa, parts of Newport Beach, and unincorporated areas of
Orange County, including the John Wayne Airport.
Mesa is implementing a unified, single, highly integrated district -wide SCADA system capable of
operating our Colored Water Treatment Facility (CWTF) and performing all the Water Supply, Storage,
and Distribution (WSSD) functions. The new system will provide additional security and redundancy
within the SCADA System that monitors and controls Mesa's water distribution system including wells,
import/export connections, pressure reducing stations, pumps, reservoirs and the Colored Water
Treatment Facility (CWTF).
4.10 —The entire project uses unlicensed spread spectrum radios.
4.25 — The system will use spread spectrum radios over unlicensed frequencies for its communications
between the master stations and remote sites and between the master station facilities. This will put
this critical function entirely under the control of Mesa. The radios will be configured using report by
exception in a "mesh" style network.
A mesh style network allows every radio in the system to function as a repeater, thereby providing a
robust system. For communicating with the remote sites, there will be radios the Operations Yard
facility, Reservoir 2 and at the CWTF facility. The three radios will provide increased throughput than
would be available if only one radio were in place to receive data from the remote sites. Radio
communications to the remote sites will be over the 900 MHz band
All planned sites will have a radio antenna. See the attached Sheet G -1 for details including a complete
list of sites.
8.07 — The,project used unlicensed directional antenna's located at the sites of Mesa's wells,
import/export connections, pressure reducing stations, pumps, reservoirs and Treatment Facility. This
constrains the locations of the antenna's. It is not a frequency issue that requires this site, but a
topography issue. Mesa's OC44 turnout is located in a valley surrounded by hills. In order to construct
an antenna from that location to another sight the pole would need to be substantially higher. A shorter
antenna installed at the OC44 site directed to a site up above the hill between OC44 and Mesa's Service
Area will allow the signal to be sent from OC44 via this site to Mesa's service area without the need of a
antenna tower. This location also allows other sites to have lower antennas, less substantial antenna's.
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Attachment No. CC 3
Project Plans
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Attachment No. CC 4
IRWD Agreement
2�
TELECOMMUNICATIONS PREMISES AGREEMENT AND ENTRY PERMIT
THIS TELECOMMUNICATIONS PREMISES AGREEMENT AND ENTRY PERMIT is made and
entered into by and between IRVINE RANCH WATER DISTRICT, a California water district organized
pursuant to the California Water District Law (" IRWD "); and the MESA CONSOLDATED WATER
DIST41CT, a county water district organized pursuant to the County Water District Law ( "MESA "), on this
day of U/Nt 009.
Recitals
A. WHEREAS, IRWD is the owner of certain real properties on which MESA desires to operate and
maintain SCADA and other telecommunications equipment used by MESA; and
B. WHEREAS, the parties desire to establish the general terms and conditions for such uses, along with
provisions for identifying and including the specific sites to which such general terms and conditions and any
site - specific terms and conditions will apply.
Agreem
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and promises
contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, IRWD and MESA agree as follows. .
Sites, Access.
This Agreement shall constitute a right to enter upon and use, as herein described, each site upon
IRWD's real property identified in an addendum to this Agreement that has been executed by MESA and
IRWD in the form attached hereto as Exhibit "A" and by this reference incorporated herein. Each such site, the
IRWD real property upon which such Site is located and the executed addendum referring to such site are
individually referred to herein as a "Site," a "Real Property" and an "Addendum," respectively, and such sites,
real properties and addenda are collectively referred to as the "Sites," the "Real Properties" and the "Addenda,"
respectively. The rights herein provided to MESA shall include the nonexclusive right of access, ingress and
egress over the Real Properties as specified in the Addenda, and the nonexclusive right of access, ingress and
egress over.IRVD's access easements or other access rights between its Real Properties and public streets,
under and across the Real Property, to the extent permitted herein.
2. Use of Sites.
(a) MESA shall have the right to use the Sites solely for the purpose of constructing, operating,
maintaining, reconstructing, modifying, adding to and removing emergency and other telecommunications
facilities and equipment used by MESA, together with associated buildings, radio frequency transmitting and
receiving antennas, satellite receiving stations, transmitting stations, batteries, utilities, supporting structures and
improvements, cables and other related equipment ("Telecommunications Facilities "),
(b) MESA shall be solely responsible for, and IRWD shall provide reasonable cooperation to MESA
in, making application for and obtaining all licenses, permits, consents, authorizations and approvals that MESA
deems necessary or appropriate for MESA's use of the Sites. MESA agrees to reimburse IRWD for all
necessary costs and expenses, actually and reasonably incurred by IRWD, in providing this cooperation. MESA
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understands that the Real Properties may be subject to deed restrictions that limit use of the Real Properties to
specific purposes. MESA shall be responsible for negotiating the removal or modification of any deed
restrictions as may be necessary or appropriate for MESA's use of the Sites, subject to approval by IRWD
(which approval shall not be unnecessarily withheld, conditioned or delayed), and shall be responsible for
satisfying the conditions, if any, imposed in conjunction with such removal or modification.
(c) MESA shall be responsible for ensuring that its use of the Sites complies with all applicable
federal, state and local laws, ordinances, building codes and regulations.
(d) The rights granted to MESA hereunder and MESA's use of each Site shall at all times be subject
to IRWD's paramount right to use the Site for the purposes for which it was acquired by IRWD.
Term.
(a) The term of this Agreement shall be for fifteen (15) years, beginning on the date of execution
hereof by the last of the parties to so execute and renewing automatically on the fifteenth (15th) anniversary of
the execution date and the fifteenth (15th) anniversary of each prior renewal date, unless either party has notified
the other in writing, at least sixty (60) days prior to a renewal date, that it does not wish to renew. The
foregoing notwithstanding, MESA shall have the right to terminate the Agreement or any Addendum by giving
IRWD thirty (30) days' written notice. An Addendum may provide a different term with respect to a particular
Site, but if such provision is not made, the term and renewal of each Addendum shall be the same as provided
herein with respect to the Agreement.
(b) In the event IRWD's exercise of its paramount right to use a Site or the associated Real Property
for the purposes for which it was granted results in a material interference with MESA's ability to use the Site,
IRWD shall use good faith efforts to locate a substitute site ( "Substitute Site') for MESA within IRWD's Real
Property which contains.safficient area and is otherwise sufficient to accommodate MESA's
Telecommunication Facilities.
i) In the event a Substitute Site can be located, IRWD shall give MESA not less than one (1) year's
written notice of the date on which MESA shall have completed the relocation of the
Telecommunications Facilities to the Substitute Site. IRWD and MESA shall execute a new
Addendum to replace and supersede the Addendum for the previous Site. MESA shall pay all
relocation costs incidental to such substitution.of the Site.
ii) In the event that that an adequate Substitute Site cannot be located, IRWD shall give MESA not less
than one (1) year's written notice of the date upon which the applicable Addendum will terminate,
and by which date MESA shall remove all facilities from the Site, at MESA's expense.
4. Consideration.
(a) As consideration for this Agreement, MESA shall pay IRWD the annual amount of $1 AO
during the Term of this Agreement.
(b) All payments of consideration shall be made payable to IRWD and mailed to Irvine
Ranch Water District at Post Office Box 57000, Irvine, California 92619 -7000.
5. Utilities.
(a) MESA shall have the right to obtain necessary public utility services furnished to the
Telecommunications Facilities via an extension of such utility facilities by the public utility upon, over or under
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the Real Properties; provided, that JRWD reserves the right to approve the location of any public utility
facilities on the Real Properties (excluding the related Sites), which approval shall not be unreasonably
withheld, conditioned or delayed; and further provided that IP WD shall furnish the public utility with any rights
upon, over or under the Real Properties which the public utility may legally require as a condition of furnishing
the utility service to MESA.
(b) IRWD grants to MESA an easement ( "Easement ") for ingress, egress, and access over
each Real Property to the respective Site as may be required for the construction, installation and maintenance
of utility facilities by the appropriate electric and telephone companies for the purpose of servicing MESA's
Telecommunications Facilities.
6. Taxes.
IRWD and MESA contemplate that, based upon their status as governmental entities, no real and
personal property taxes shall be assessed against the Real Properties by reason of the construction by MESA of
the Telecommunications Facilities; provided, however, that MESA shall be notified promptly of any taxes for
which it is charged so that it may appear before the taxing authority to contest such assessments.
7. Construction of Improvements.
(a) MESA shall have the right, but not the obligation, at any time following the full
execution of this Agreement and the related Addendum to enter a Site for the purpose of making necessary
inspections and engineering surveys, soils tests and other reasonably necessary tests (collectively "Tests") to
determine the suitability of the Site for MESA's Facilities. MESA will notify IRWD of any proposed Tests or
pre - construction work and will coordinate the scheduling of same with IRWD. During any Tests or pre -
construction activities, MESA will have in force the insurance coverages required by Paragraph 16.
(b) MESA has the right to construct, maintain and operate on the Site the
Telecommunication Facilities more particularly described in the related Addendum in connection therewith,
MESA has the right to do all work necessary to prepare, maintain and alter the Site for MESA's
communications operations and to install utility lines and transmission lines connecting antennas to transmitters
and receivers. Except as otherwise specifically provided herein, all of MESA's construction and installation
work shall be performed at MESA's sole cost and expense and in a good workmanlike manner per construction
industry standards.
(c) . Title to MESA's Facilities and any equipment placed on the Sites by MESA shall be held
by MESA. All of MESA's Facilities shall remain the property of MESA and are not fixtures. MESA has the
right to remove the Telecommunication Facilities at its sole expense on or before the expiration or termination
of this Agreement or applicable Addendum, 1RWD shall not be responsible for protecting MESA's facilities or
the Sites from vandalism, theft, flood or other casualty, or damage by third party acts or omissions.
(d) No improvements shall be constructed or maintained on the Sites without IRWD's prior
written approval of plans and specifications as provided in Paragraph 8.
(e) The Telecommunications Facilities shall be erected and completed by MESA free and
clear of all liens and claims against IRWD's right, title and interest in and to. the Sites and Real Properties, and
MESA agrees that no such lien or claim of any contractor, sub - contractor, mechanic, laborer, or any other
person or material whosoever involved with such construction and completion of the Telecommunications
Facilities shall attach to 1RWDs's right, title or interest in and to the Sites or Real Properties. If, at anytime
during the term of the Agreement, any lien is filed against IRWD's right, title and interest in and to the Sites or
Real Properties purporting to be for labor or material furnished or to be furnished to MESA (or anyone holding
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by, under or tbrough MESA), (other than acts of IRWD), MESA shall promptly discharge same or cause same
to be discharged of record, unless MESA shall dispute and contest same in good faith and with due diligence,
and in such case such lien need not be discharged until adjudged to be valid.
8. Plans and Specifications.
Prior to commencing any construction, MESA shall obtain IRWD's approval of MESA's
registered engineer's certified construction plans and specifications, which approval shall not be unreasonably
withheld, conditioned or delayed. IRWD reserves the right to require the plans and specifications to meet
stricter standards than those applied by permitting agencies, including, but not limited to, the height and
appearance of Telecommunications Facility. Such stricter standards will be communicated during IRWD's
review.
9. Access.
(a) In the case of some of IRWD's Real Properties, IRWD has access rights to and from Real
Properties over real property owned by others pursuant to easements held for the benefit of IRWD. MESA
acknowledges and agrees that IRWD has no right to grant to other parties the right of use of its access
easements, and that MESA is responsible for securing its own right of access between the Real Property and the
public street if required.
(b) Subject to any more restrictive requirements as may be contained in the access rights
MESA secures from owners of property between the Real Property and a public street, MESA shall be entitled
to twenty-four (24) hour, seven (7) days per week, vehicular and pedestrian access over the Real Properties to
the Sites; provided, however, that MESA will attempt to limit its activities to the hours between 7:00 am. and
7:00 p.m. to the extent reasonably possible and except in the case of emergencies. MESA agrees to take, at its
own expense, all measures and precautions which it believes reasonably necessary to render its equipment
inaccessible to unauthorized persons and to preclude unauthorized access from the Site to any other part of the
Real Property in which the Site is located, including establishing separate entry from that of IRWD or separate
means of locking and unlocking gates. IRWD shall not unreasonably interfere in any way with MESA's access
to the Sites. MESA shall have the right to modify the Real Property to the extent reasonably necessary or
convenient for MESA to exercise and enjoy this access right, subject to IRWD's prior written approval obtained
in accordance with Paragraph 8; provided, that such modification shall not interfere with IRWD's use or violate
the terms of IRWD's deed to the Real Property.
10. Interference with Communications.
MESA's facilities shall not disturb the communications configurations, equipment and
frequencies which are existing on the Real Properties prior to MESA, s use, or future facilities or frequencies
which may be installed as part of IRWD's operations, and MESA shall comply with all noninterference rules of
the Federal Communications Commission (FCC).
(a) MESA's facilities shall not disturb instrumentation equipment, which exists on IRWD's
Real Property on the date of the Agreement or future equipment which may be installed as part of IRWD's
operations. Such interference with IRWD's equipment or operations shall be deemed a material breach by
MESA, and MESA shall have the responsibility to promptly terminate said interference. MESA shall, within
fifteen (15) business days after receipt of written notice from IRWD of such prohibited interference either: (a)
resolve such interference; or (b) cease operations or activities which are causing such interference, provided
that, such fifteen (15) day cure period may be extended for an additional thirty (30) days so long as MESA
initiates substantial efforts towards resolving the interference in the initial fifteen (15) day period and continues
to diligently pursue resolution of the interference throughout the additional thirty (30)'day period In the event
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MESA fails to begin action to remedy such interference in good faith reasonable efforts within fifteen (15)
business days, or fails to complete the same during any extension thereof, after written notice from IRWD
setting forth a description of the interference, IRWD shall have the option to terminate this Agreement
immediately upon notice to MESA or request MESA to relocate its facilities at MESA's expense, to another
location mutually agreeable to IRWD and MESA which will not cause such interference.
(b) IRWD shall not permit its lessees, licensees, or invitees C IRWD Parties' to use any
portion of the Real Property to install or operate equipment on or about the Real Property or otherwise conduct
any operations or activities on or about the Real Property which cause signal interference with signals for
operation of MESA's Telecommunication Facilities; to the extent that such operations activities first occur after
the date of the execution of this Agreement. IRWD shall, within fifteen (15) business days after receipt of
written notice from MESA of such prohibited interference either: (a) resolve such interference; or (b) cause
such IRWD Parties to cease operations or activities which are causing such interference, provided that such
fifteen (15) day cure period may be extended for an additional thirty (30) days so long as IRWD initiates
substantial efforts towards resolving the interference in the initial fifteen (15) day period and continues to
diligently pursue resolution of the interference throughout the additional thirty (30) day period. In the event
IRWD fails to begin action to remedy such interference in good faith reasonable efforts within fifteen (15)
business days, or fails to complete the same during any extension thereof, after written notice from MESA
setting forth a description of the interference, MESA shall have the option to terminate this Agreement
immediately upon notice to IRWD or request IRWD agree to MESA's relocation of MESA's facilities at
IRWD's expense, to another location mutually agreeable to IRWD and MESA which will not cause such
interference. This subparagraph does not prohibit the IRWD from exercising its rights to carry out its business,
as provided in Subparagraph 2 (d). Such business may require the installation of equipment that could interfere
with MESA's equipment. IRWD will attempt to avoid such situations, but reserves the right to do so without
any recourse by the MESA.
11. Condition of Sites.
IRWD fiunishes the Sites to MESA in an "AS 15" condition. MESA shall be responsible for
maintenance of the Sites, and upon termination of this Agreement or an Addendum, MESA shall surrender the
terminated Sites is substantially the same condition in which they were received, except for ordinary wear and
tear, or damages to the Sites due to causes beyond MESA's control.
(a) In the event that any public or quasi -public authority under a power of condemnation or
eminent domain takes any part of a Site or any access or utility area on or to the Real Property required by
MESA for its use of a Site, the applicable Addendum shall terminate as of the date title to the Site or any such
area vests in the condemning authority. Sale of all or part of the Site to a purchaser with the power of eminent
domain under threat of the exercise of that power shall be deemed a taking by condemnation.
(b) MESA may claim and recover from the condemning authority, any part of the award
relating to MESA's use of the Site including but not limited to, MESA's moving expenses, business dislocation
damages, personal property and fixtures, lost income, and the unamortized costs of any improvements paid for
by MESA, and all other awards shall be the sole property of IRWD.
13. Hazardous Substances.
(a) For purposes of this Agreement, the term "Hazardous Substances" means: (a) any
substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or
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addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42
United States Code Section 6901 et seq.; the Hazardous Material Transportation Conservation and Recovery
Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et
seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 at seq.; all California state statutes,
collectively referred to as the State Toxic Substances Laws; or any other federal, state or local statute, law,
ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or
standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any
substance, product, waste or other material of any nature whatsoever which may give rise to liability under any
of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional
tort, nuisance or strict liability or under any reported decisions of a state or federal court; (c) petroleum or crude
oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles;
and (d) asbestos.
(b) Except as otherwise specifically permitted under the terms of this Agreement, MESA
shall not use, create, store or allow any Hazardous Substances on the Sites or Real Properties. If used in
accordance with manufacturer's instructions, fuel and other Hazardous Substances stored in a motor vehicle for
the exclusive operation of such vehicle and storage batteries used. for emergency power are excepted, as well as
normal cleaning fluids and materials.
(c) In no case shall MESA cause or allow the deposit or disposal of any such Hazardous
Substances on Sites or Real Properties.
(d) MESA shall disclose to IRWD the speeific information regarding MESA's disposal of
any Hazardous Substances placed on a Site or Real Property by MESA and provide written documentation of its
safe and legal disposal.
(e) Breach of any of these covenants, terms, and conditions shall give IRWD the authority to
immediately terminate this Agreement and/or to shut down MESA's operations thereon, pending rectification of
the breach, in which case, MESA will continue to be liable under this Agreement to remove, and mitigate all
Hazardous Substances placed by MESA on a Site or Real Property. MESA shall be responsible for, and bear
the entire cost of removal and disposal of all Hazardous Substances introduced to a Site or Real Property by
MESA. IRWD may pass through to MESA any and all costs of removal and mitigation of Hazardous
Substances incurred by IRWD as a result of MESA's activities on a Site or Real Property, but only after IRWD
has given MESA written notice to remove and dispose of such Hazardous Substances and MESA has failed to
adequately respond within ten (10) business days of the date of its receipt of such notice. Notwithstanding the
foregoing, MESA shall be responsible for any removal mitigation or decontamination, on or off the Site or Real
Property necessitated by the presence of such Hazardous Substances placed on the Site or Real Property by
MESA. Upon termination of this Agreement or any Addendum, MESA is required, in accordance with all laws,
to remove from the Site(s) and Real Propert(ies) to which the termination applies any equipment or
improvements placed on the Site(s) and Real Propert(ies) by MESA that could be contaminated by Hazardous
Substances.
(f) MESA shall defend, indemnify and hold harmless from any claims, liability, injury,
damage, costs or expenses (including, without limitation, the cost of reasonable attorney's fees) arising as a
result of the presence or use of any Hazardous Substances caused to be placed by the MESA on a Site or Real
Property during the term of this Agreement. The foregoing indemnity is intended to operate as an agreement
pursuant to Section 107, subdivision (e) of CERCLA, 42 United States Code Section 9607, subdivision (e), and
to California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify M. WD
from any liability created by the MESA pursuant to such sections. The provisions of this Subparagraph 14 (f)
shall survive the expiration or earlier termination of this Agreement.
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14. Liability and Indemnification.
(a) MESA shall indemnify and hold IRWD harmless from and against any loss, liability, cost
or expense, including without limitation, IRWD's reasonable attorneys fees and other costs of defense in any
judicial or administrative proceeding, for any claim which may be incurred or sustained by IRWD as a result of
MESA's use of the Sites and Real Properties, to the extent such loss, liability, cost, or expense is caused by the
acts or omissions or willful misconduct of MESA or its agents and is not caused by the active negligence or
willful misconduct of IRWD or its agents. '
(b) IRWD shall indemnify and hold MESA harmless from and against any loss, liability, cost
or expense, including without limitation, MESA's reasonable attorneys fees and other costs of defense in any
judicial or administrative proceeding, for any claim which may be incurred or sustained by MESA as a result of
IRWD's use of the Sites and Real Properties, to the extent such loss, liability, cost, or expense is caused by the
active negligence or willful misconduct of JRWD or its agents and is not caused by the acts or omissions or
willful misconduct of MESA or its agents.
(c) The provisions of this Paragraph 14 shall survive the expiration or earlier temunation of
this Agreement, until applicable statutes of limitation or repose bar the claims described herein.
15. Insurance,
(a) MESA shall maintain the following insurance throughout the term of the Agreement:
(i) general liability insurance for claims for bodily injury or death and property
damage with combined single limits of not less than three million dollars ($3,000,000)
per occurrence (such requirement may be satisfied through blanket or umbrella
coverage);
(ii) worker's compensation insurance insuring against and satisfying MESA's
obligations and liabilities under the workers' compensation law of the State of California;
and
(iii) if MESA operates owned, hired, or non -owned vehicles on or about the Real
Properties, comprehensive automobile liability insmance with a limit of not Ims than one
million dollars ($1,000,000) combined bodily injury and property damage.
(b) Each such policy (except worker's compensation) shall list IRWD as an additional
insured and shall provide that it will not be terminated during the term of the Agreement or modified during the
term of the Agreement to affect the coverage required except after thirty (30) days prior notice thereof to
IRWD. MESA shall have the right to fulfill its insurance obligations under subparagraph 15(a) above by
obtaining an appropriate endorsement to any master policy of insurance MESA may maintain.
(c) MESA waives any and all rights to recover against the IRWD, or against the officers,
directors, employees, agents, invitees, or business visitors of the IRWD for any loss or damage to MESA arising
from any cause covered or required to be covered by any property insurance described in this paragraph or any
other property insurance actually carried by MESA. Furthermore, MESA, from time to time, will cause its
insurers to issue waiver of subrogation rights endorsements to all property insurance policies carried in
connection with the Sites or the contents thereof.
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16. Quiet Enjoyment.
Subject to the rights of IRWD under Paragraphs 2(d), 3(b), 9 and 10, MESA shall be entitled to
quiet enjoyment of the Sites and the access and utility areas on the Real Properties, and IRWD shall not, nor
shall IRWD permit its lessees, licensees, invitees or agents or anyone claiming a right to the Real Properties or
said areas under IRWD, to interfere in any way with MESA's enjoyment of the same.
17. Waiver of Subrogation.
MESA hereby agrees not to assign to any insurance company the right to any cause of action for
damage to any property of MESA located on the Sites or the access and utility areas on the Real Properties,
which MESA now has or may have in the future against IRWD, and expressly waives all right of subrogation
for such damage. IRWD hereby agrees not to assign to any insurance company the right to any cause of action
for damage to the property of IRWD located on the Sites and/or the Real Properties, which IRWD now has or
may have in the future against MESA, and expressly waives all right of subrogation for such damage, It is
specifically understood that this Paragraph 17 shall apply only where such insurance allows the insured to enter
into an agreement waiving subrogation rights and this Paragraph 17 shall apply only with respect to the insured
loss for the property covered by such insurance policies.
18. Termination
(a) In addition to other events permitting termination hereunder, this Agreement or any
Addendum may be terminated, without any penalty. or further liability, except as otherwise provided in
Paragraph 11, by either party, upon a breach or default of any covenant or term hereof, either express or
implied, by the other party, which breach or default is not cured within thirty (30) days from receipt of written
notice; provided, that if efforts to cure are commenced within said thirty (30) day period and thereafter
diligently prosecuted to completion, such period shall be extended for a period of time not to exceed six (6)
months.
(b) Except as otherwise provided herein, effective as of the date of termination (or of
expiration) of this Agreement or any Addendum, whether pursuant to this or other Paragraphs of this
Agreement, this Agreement or the terminated Addendum, as the case may be, shall be of no further force or
effect and each party shall, be released from all future obligations hereunder other than any liabilities or
obligations which accrued prior to the date of expiration or earlier termination of this Agreement or the
Addendum, and any other obligations that, by express terms herein stated, survive expiration or termination of
this Agreement.
20, Assignment.
MESA shall not assign this Agreement without the prior written consent of IRWD.
21. Notices.
Any and all notices, demands, consents, approvals or authorizations required or permitted under
this Agreement shall be in writing and shall be deemed made three (3) business days after deposit in the United
States mail, first class postage prepaid, addressed to the party to whom such notice is to be given as provided
below. Otherwise, service'shall be deemed made at the time it is received by the individual to whom the notice
is addressed. Either party may change the name and/or address to which notice is to be given, in accordance
with the provisions of this Paragraph 21. Notices shall be addressed as follows:
If to MESA: If to IRWD:
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General Manager
Mesa Consolidated Water District
1965 Placentia Avenue
Costa Mesa, CA 92627
Telephone: (949) 631 -1206
Facsimile: (949) 574 -1036
With a copy to:
Mesa Consolidated Water District
1965 Placentia Avenue
Costa Mesa, CA 62627
Attu: District Engineer
Telephone: (949) 631 -1291
Facsimile: (949) 574 -1035
22. Attomevs Fees.
General Manager
Irvine Ranch Water District
Post Office Box 57000
Irvine, California 92619 -7000
Telephone: (949) 453 -5300
Facsimile: (949) 453 -1228
With a copy to:
Irvine Ranch Water District
15600 Sand Canyon Avenue
Irvine, CA 92618-3102
Attn: Manager Contract Admin. & Risk
Telephone: (949) 453 -5300
Facsimile: (949) 453 -0128
If any action, suit or proceeding is brought by any party with respect to any matter arising out of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs in addition to
such other relief as such party may be entitled.
23. Entire Aereement.
This Agreement and the Addenda constitute the entire understanding of the parties with respect
to the matters set forth herein and supersedes all prior or contemporaneous understandings or agreements,
whether written or oral, between the parties with respect to the subject matter hereof.
iragrmagwmiry permit me da=
_¢
32
24. Severability.
If any provision of this Agreement shall be invalid or unenforceable with respect to any party,
the remainder of this Agreement shall not be affected and each provision shall be valid and enforceable to the
fullest extent permitted by law.
25. Amendment.
Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged
or terminated except by an instrument in writing signed by both parties.
26. Counterparts.
This Agreement may be executed in counterparts, all of which together shall constitute an
MM.t.
27. Successors.
The covenants and conditions contained in this Agreement shall, subject to the provisions
regarding assignment, subleasing and licensing set forth herein, inure to the benefit of and be binding upon the
heirs, successors, executors, administrators, sublessees, licensees and assigns of the parties.
28. Applicable Law.
This Agreement shalt be governed by and construed in accordance with the laws of the State of
California.
29. Representation of Authority.
Each undersigned represents and warrants that he or she is an, officer, agent or other
representative of the party on whose behalf they are executing, and is duly authorized to execute this
Agreement, and does hereby bind the IRWD and/or MESA, as the case may be, to this Agreement.
[SIGNATURE PAGE TO FOLLOW]
it agr master wMypermit mesa.doex
�3
IN WITNESS WHEREOF, IRWD and MESA have executed this Agreement as of the date first
hereinabove written.
IRWD: MESA:
IRVINE RANM WATER DISTRICT MESA CONSOLIDATED WATER DISTRICT
By. I . V. - . - mss_
Printed N e: f "1 D..t " 5 M.
Printed Title: Genera [ Marna as f
Date:
it agrmwWr eatry permit mesadom
BY: W —�z 1�
Printed Name:
Printed Title: &e.-ItArw1 "nwftft .,
Date: lI f 1b lei
-it-
Exhibit "A"
[Farm of Addendum]
Addendum No. _ to
Telecommunications Premises Agreement and Entry Permit
WHEREAS, IRVINE RANCH WATER DISTRICT, a California water district organized pursuant to the California Water
District Law C9RWD "), and the MESA CONSOLIDATED WATER DISTRICT, a county water district organized pursuant to the
County Water District Law ('%4ESA'D, have previously entered into that certain Telecommunications Premises Agreement and Entry
Permit, dated , 2009 {'Master Agreement'? respecting the operation and maintenance of SCADA and other
telecommunications equipment used by MESA on certain real properties owned by IRWD; and
WHEREAS, the Master Agreement provides that it shall constitute a right to eater upon and use, as therein described, each
Site upon IRWD's real property identified in an addendum to the Master Agreement that has been executed by MESA and IRWD in
the form attached thereto as Exhibit "A' (all capitalized tents used herein and not otherwise defined shall have the meanings ascribed
to them in the Master Agreement); and
WHEREAS, the parties wish to eater into this Addendum to provide that the site described below shall constitute a Site that
is subject to all of the rights, obligations, terms and conditions of the Master Agreement; except as provided herein.
NOW, TBEREFORE, in consideration of the foregoing premises, the mutual covenants and promises contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, IRWD and MESA agree as
follows:
1. Except as provided herein, the patties hereby incorporate by reference all of the terms and conditions of the Master
Agreement into this Addendum, and agree that the site described below shall constitute a Site that is subject to the Master Agreement.
2. The Site is depicted inExhibit "1" attached to this Addendum. The Real Property on which the Site is located and any
access rights between such Real Property and public streets are described as follows:
3.. The Telecommunications Facilities to be installed and operated on the Site are:
4. The following special teams shall apply to the Site and supersede the provisions of the Master Agreement to the extent of
any inconsistency therewith [if none, state "None "]:
IN WITNESS WHEREOF, the parties have entered into this Addemdtmm as of 20_.
IRWD: MESA:
IRVINE RANCH WATERDISTRICT MRSA CONSOLIDATED WATER DISTRICT
U7
Printed Title:
Date:
it agr tester entry permit mesa.doar
_t2_
to
Printed Name;
Printed Title:
Date:
it agr master entry permit mesa.d=
Exhibit 46199
to Addendum No. _
Description of Site within Real Property
nil
✓ `✓
Addendum No. l to
Telecommunications Premises Agreement and Entry Permit
WHEREAS, IRVINE RANCH WATER DISTRICT, a California water district organized pursuant to the California Water
District Law C MWIY'); and the MESA CONSOLIDATED WATER DISTRICT, a county water district organized pursuant to the
County Water District Law ("MESA', have previously entered into that certain Telecommunications Premises Agreement and Entry
Permit, dated , 2001 ("Master Agreement'0 respecting the operation and maintenance of SCADA and other
telecommunications equipment used by MESA on certain real properties owned by IRWD; and
WHEREAS, the Master Agreement provides that it shall constitute a right to enter upon and use, as therein described, each
Site upon iRWD's real property identified in an addendum to the Master Agreement that has been executed by MESA and IRWD in
the form attached thereto as Exhibit "A" (all capitalized terms used herein and not otherwise defined shall have the meanings ascribed
to them in the Master Agreement); and
WHEREAS, the parties wish to enter into this Addendum to provide that the site described below shall constitute a Site that
is subject to all of the rights, obligations, terms and conditions of the Master Agreement, except as provided herein.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and promises contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, IRWD and MESA agree as
follows:
1. Except as provided herein, the parties hereby incorporate by reference all of the terms and conditions of the Master
Agreement into this Addendum, and agree that the site described below shall constitute a Site that is subject to the Master Agreement,
2. The Site is depicted in Exhibit "I" attached to this Addendum. The Real Property on which the Site is located and any
access rights between suchReal Property and public streets are described as follows: the Real Property known as San Joanuin
Reservoir and a related access easement were conveyed to IRWD by various documents recorded May 31, 2001 as Instrument No.s
20010352809 .20010352811.200 103 52912, and 20010352814, rmnecdvelu in the Official Records of Orange County.
3. The Telecommunications Facilities to be installed and operated on the Site are: The equipment consists of:
facility will also have a Yagi and Omni antenna.
4. The fallowing special terms shall apply to the Site and supersede the provisions of the Master Agreement to the
extent of any inconsistency therewith [if none, state "None "]:
None
IN WITNESS WHEREOF, the parties have entered into this Addendum as of 20_
IRWD: MESA:
IRVINE RANCH WATER DISTRICT MESA CONSOLIDATED WATER DISTRICT
By.
Printed Title:
Date:
v agrraster entry permit uma mx
In
Printed Name:
Printed Title:
Date: 114diell V
-14-
37
Attachment No. CC 5
Newport Ridge North Homeowner
Association Approval Letter
-�
www.newportridgenorth.org
April 1, 2010
Leanne Talbot
Mesa Consolidated Water District
1965 Placentia Ave
Costa Mesa, CA 92627
Algrlix �CE�'E
cD�� DBY
C
�o�� Zoio
RE: San Joaquin Reservoir Relay Point Antenna Installation
Dear Ms. Talbot,
The Board of Directors has reviewed the request for the installation of a relay point antenna and
after viewing the mock antenna the Board of Directors has approved the request.
Should you have any questions, please contact me directly at 949 - 838 -3235.
Sincerely,
Jeremy Pipp, CALM®
District Manager
Keystone Pacific Property Management
Professionai[yMmiaged by:
Keystone Pacific Property Manageneit Inc.
16845 Von Karmen Avenue, Suite 200 • Irvine, CA 92606 -4960 • Tel (949) 833 -2600 • Fax (949) 833 -0919.
www1eystonepacific.com
V6
Attachment No. CC 6
Photo Simulation of `Mock' Antenna
Array
` W
ATTACHMENT 7.01
PHOTO SIMULATION - PHOTO LOCATION MAP
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ATTACHMENT 7.01
PHOTO SIMULATION —AFTER (Photo #2)
Newport Ridge North. Please seethe attached approval letter.
Owners Association,
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,Irr�
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that on January 25, 2011, at 7:00 p.m., a Special Review will be conducted in the City
Council Chambers (building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport
Beach will consider the following wireless telecommunication facility application:
Mesa Consolidated Water District - Request to allow the installation of a Supervisory Control and Data Acquisition
system consisting of a new standard monopole with antenna and support equipment attachments, including a yagi
antenna, an omni antenna, two solar panels, and an equpiment cabinet with base support equpiment. The antenna
array is proposed at a maximum height of 30 feet.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court,
you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this
notice) or in written correspondence delivered to the City, at, or prior to, the review. The agenda, staff report, and
documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California,
92663, or at the City of Newport Beach website at www.newoortbeachca.aov on the Wednesday prior to the hearing.
For more information please call 939 -644 -3204.
Project File No.: Telecom Permit No. 2010 -005
Location: Base of the San Joaquin Reservoir dam (38
Ridgeline Drive)
Activity No.: PA2010 -046
Applicant: Mesa Consolidated Water District.
&iwu �" �
Leilani I. Brown, City Clerk
City of Newport Beach
PUBLIC NOTICE
a'
NOTICE IS HEREBY GIVEN that on January 25, 2011, at 7:00 p.m., a Special Review will be
conducted in the City Council Chambers (building A) at 3300 Newport Boulevard, Newport Beach.
The City Council of the City of Newport Beach will consider the following wireless
telecommunication facility application:
Mesa Consolidated Water District - Request to allow the installation of a Supervisory Control
and Data Acquisition system consisting of a new standard monopole with antenna and support
equipment attachments, including a yagi antenna, an omni antenna, two solar panels, and an
equpiment cabinet with base support equpiment. The antenna array is proposed at a maximum
height of 30 feet.
All interested parties may appear and present testimony in regard to this application. If you
challenge this project in court, you may be limited to raising only those issues you or someone else
raised at the City Council meeting (described in this notice) or in written correspondence delivered
to the City, at, or prior to, the review. The agenda, staff report, and documents may be reviewed at
the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or
at the City of Newport Beach website at www.newAortbeachca.gov on the Wednesday prior to the
hearing. For more information please call 939 - 644 -3204.
Project File No.: Telecom Permit No. 2010 -005 Activity No.: PA2010 -046
Location: Base of the San Joaquin Reservoir Applicant: Mesa Consolidated Water
dam (38 Ridgeline Drive) District
4-
Leilani I. Brown City Clerk
City of Newport Beach
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that on January 25, 2011, at 7:00 p.m., a Special Review will be conducted in the City
Council Chambers (building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport
Beach will consider the following wireless telecommunication facility application:
Mesa Consolidated Water District - Request to allow the installation of a Supervisory Control and Data Acquisition
system consisting of a new standard monopole with antenna and support equipment attachments, including a yagi
antenna, an omni antenna, two solar panels, and an equpiment cabinet with base support equpiment. The antenna
array is proposed at a maximum height of 30 feet.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court,
you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this
notice) or in written correspondence delivered to the City, at, or prior to, the review. The agenda, staff report, and
documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California,
92663, or at the City of Newport Beach website at www.newnortbeachca.00v on the Wednesday prior to the hearing.
For more information please call 939 - 644 -3204.
Project File No.: Telecom Permit No. 2010 -005
Location: Base of the San Joaquin Reservoir dam (38
Ridgeline Drive)
Activity No.: PA2010 -046
Applicant: Mesa Consolidated Water District
Ar
Leilani I. Brown, Cit lerk
City of Newport Beach
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that on January 25, 2011, at 7:00 p.m., a Special Review will be conducted in the City
Council Chambers (building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport
Beach will consider the following wireless telecommunication facility application:
Mesa Consolidated Water District - Request to allow the installation of a Supervisory Control and Data Acquisition
system consisting of a new standard monopole with antenna and support equipment attachments, including a yagi
antenna, an omni antenna, two solar panels, and an equpiment cabinet with base support equpiment. The antenna
array is proposed at a maximum height of 30 feet.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court,
you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this
notice) or in written correspondence delivered to the City, at, or prior to, the review. The agenda, staff report, and
documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California,
92663, or at the City of Newport Beach website at www.newportbeachca.aov on the Wednesday prior to the hearing.
For more information please call 939 - 644 -3204.
Project File No.: Telecom Permit No. 2010 -005
Location: Base of the San Joaquin Reservoir dam (38
Ridgeline Drive)
Activity No.: PA2010 -046
Applicant: Mesa Consolidated Water District
Leilani I. Brown, City Clerk
City of Newport Beach
APN 461- 341 -23
APN 461- 341 -24
APN 461- 341 -25
NAASEH- SHAHRY, SATED
JURA, RUSSELL D TR
DENNIS, DOUGLAS E TR
37 LEMANS
_ 39 LEMANS
41 LEMANS
NEWPORT COAST, CA 92657 -0115
NEWPORT COAST, CA 92657 -0115
NEWPORT COAST, CA 92657 -0115
APN 461 - 341 -26
APN 461 - 341 -28
- : APN 461- 341 -29
KRUM, JOSEPH W
_ - HASSE, CHARLES D TR
RECKER, KENNETH
43 LEMANS
40 LEMANS
- 38 LEMANS
NEWPORT COAST, CA 92657 -0115
- NEWPORT COAST, CA 92657 -0115
NEWPORT COAST, CA 92657 -0115
_.._ .. .______
.._.......... APN 461- 341 -70 _.. _. ..
- _
APN 461- 341 -30
NEWPORTRIDGE NORTH MAINT ASSOC
-
APN 461- 341 7 2
BELCHER, KERRY K TR
%KEYSTONE PACIFIC
- NEWPORT RIDGE NORTH MAINTASSOC '..
36 LEMANS
ATTN ILZA LEMUS
%BROOKFIELD HOMES
NEWPORT COAST, CA 92657 -0115
16845 VON KARMAN STE 200
3090 BRISTOL ST #200
IRVINE, CA 92602
COSTA MESA, CA 92626 -3061
._....... _- APN 461= 341 -74 ._.......,......
.._ _...___ _ -
NEWPORTRIDGENORTHMAINTASSOC
APN 461- 351 -12
APN 461- 351 -13
%KEYSTONE PACIFIC
TAN, TERENCE T Z
- MELTZER, PAUL B TR
ATTN ILIA LEMUS
- 20 NERVAL
- ! 18 NERVAL
16845 VON KARMAN STE 200
NEWPORT BEACH, CA 92657 -0138
NEWPORT BEACH, CA 92657 -0138
IRVINE,CA 92602
-
APN 461- 351 -14
APN 461 - 351 -22
APN 461 - 351 -23
SAGEHORN, TIMOTHYI TR
MOSSLEHI, MAIID TR
CHUNG, WU- HSIUNG TR
16 NERVAL
11 BANDOL
-, 15 BANDOL
NEWPORT BEACH, CA 92657 -0138
NEWPORT COAST, CA 92657 -0135 -
',. NEWPORT BEACH, CA 92657 -0135
f
i
APN 461- 351 -24
APN 461- 351 -25
APN 461 - 351 -26
KANAKUBO, HIDEYUKI TR
HESP, GARY TR G & K 2006
KATZ, RANDY H
17BANDOL
16BANDOL
14BANDOL I
NEWPORT COAST, CA 92657 -0135
NEWPORT BEACH, CA 92657
NEWPORT BEACH, CA 92657 -0136
i`
APN 461 - 351 -27 I APN 461- 351 -28 APN 461 - 351 -29
LOUNELLO, WILLIAM J JR TR
12 BANDOL
NEWPORT COAST, CA 92657 -0136
NEWPORT RIDGE NORTH MAI NT ASSOC
%KEYSTONE PACIFIC PROPERTY
ILSA LEMUS
16845 VON KARMAN AVE #200
IRVINE, CA 92606 -4960
BUI, DE CAD
j ! SU, SITYH -MIN TR
10 BANDOL
! 8 BANDOL
NEWPORT BEACH, CA 92657 -0136
j NEWPORT COAST, CA 92657 -0136
46x331- 4i- - "'--
-. NEWPORT RIDGE NORTH MAINT ASSOC
NEWPORT RIDGE NORTH MAINT ASSOC
%KEYSTONE PACIFIC PROPERTY
%KEYSTONE PACIFIC PROPERTY
ILSA LEMUS
ILSALEMUS
16845 VON KARMAN AVE #200
16845 VON KARMAN AVE #200
IRVINE, CA 92606 -4960
! IRVINE, CA 92606 -4960
APN 461 - 061 -34
APN 461 - 321 -28
APN 461- 321 -29 '..
_ IRVINE RANCH WATER DISTRICT
CITY OF IRVINE
- CITY OF IRVINE
P 0 BOX 57000
- P 0 BOX 19575
- - P 0 BOX 19575
IRVINE,.CA 92619 -7000 -
IRVINE, CA 92623 -9575
IRVINE, CA 92623 -9575
.. - ... _.. _. - -.
.. APN 461 -35135 _.
APN 461 - 321 -35
APN 461 - 321 -36
- NEWPORT RIDGE NORTH MAINTASSOC
IRVINE RANCH WATER DISTRICT
IRVINE RANCH WATER DISTRICT
%KEYSTONE PACIFIC PROPERTY
15600 SAND CANYON AVE
P 0 BOX 57000
ILSA LEMUS
PO BOX 57000
IRVINE, CA 92619 -7000
16845 VON KARMAN AVE #200
IRVINE, CA 92619 -7000
-
IRVINE, CA 92606 -0960
APN461- 351 -36 __..._
` _. ___ - _ _ - - - __. ..
' .. _ ____.
NEWPORT RIDGE NORTH MAINTASSOC
APN 461 - 131 -40
APN 461- 301 -20
%KEYSTONE PACIFIC PROPERTY
HARBOR RIDGE ASSN
NEWPORT RIDGE NORTH MAINTENANCE ASSN
ILSA LEMUS
P 0 BOX 4070
%KEYSTONE PACIFIC PPTY MANAGEMENT
• 16845 VON KARMAN AVE #200
COSTA MESA, CA 92628 -4070
16845 VON KARMAN STE 200
IRVINE, CA 92606 -4960
IRVINE, CA 92606 - 4960 '..
`..... -- -APN 461- 301 -27 _._ _-
�'_.. ___. .._APN 4LI- 301 -23
NEWPORT RIDGE NORTH MAINTENANCE ASSN
NEWPORT RIDGE NORTH MAINTENANCE ASSN
: APN 461- 301 -34
• %CALIFORNIA PACIFIC HOMES
%CALIFORNIA PACIFIC HOMES
_ KRUMM, CHARLES F TR
ATTN BETH BYARD
- ATM BETH BYARD
- 9 VINCENNES
38 EXECUTIVE PARK #200•
38 EXECUTIVE PARK #200
NEWPORT COAST, CA 92657 -0110
IRVINE, CA 92614 -4709
IRVINE, CA 92614 -4709
APN 461 - 301 -35
NGUYEN, CHUCI.
11 VINCENNES
NEWPORT COAST, CA 92657 -0110
APN 461- 301 -38
ZAMBERG, PAUL TR
2636 GOLFSIDE DR
LAS VEGAS, NV 89134 -8808
APN 461- 301-41
GOKHALE, VINAY D TR
16 VINCENNES
NEWPORT COAST, CA 92657 -0111
APN 461- 301 -51
PERRY, COREY L
7 HARCOURT
NEWPORT COAST, CA 92657 -2102
APN 461 - 301 -54
CHILI, STEPHEN
15 HARCOURT
NEWPORT COAST, CA 92657 -2102
APN 461 - 301 -36
PONTO,ROBERTJ
15 VINCENNES
NEWPORT COAST, CA 92657 -0110
I
APN 461- 301 -39
I { WIRTA, DAVID LTR
20 VINCENNES
NEWPORT COAST, CA 92657 -0111
APN 461 - 301 -37
WEISSMAN, MARTIN J TR
17 VINCENNES
NEWPORT COAST, CA 92657 -0110
APN 461 - 301-40
DINH, CHUC VAN TR
1142 MERTON CT
GILROY, CA 95020 -2640 _
APN 461- 301 -42 APN 461 - 301-43
FITZGIBBON, JOHN W ': GRIGONIS, PETER MARK TR
12 VINCENNES 10 VINCENNES
NEWPORT COAST, CA 92657 -0111 j ! - NEWPORT COAST, CA 92657 -0111
APN 461 - 301 -52
SHAHINIAN, KEVORK G TR
VAHE G & ADRINE SHAHIMIAN
9 HARCOURT
NEWPORT COAST, CA 92657 -2102
APN 461 - 301 -55
EGERTSON, MICHELLE S
17 HARCOURT -
NEWPORTCOAST,CA 92657 -2102
APN 461 - 301 -53
KAPPOS, JOHN C CHANG, LILIAN Y
11 HARCOURT
NEWPORT COAST, CA 92657 -2102
APN 461- 301 -56
PAPPALARDO, FREDERICK JOSEPH
19 HARCOURT
NEWPORT COAST, CA 92657 -2102
APN 461 - 301 -57 APN 461 - 301 -58 j APN 461- 301 -59
POSERT, ROBERT L 1 _ KIRKWOOD, DAVID - COOPER, JOHN CTR
21 HARCOURT - 23 HARCOURT I ! 25 HARCOURT
NEWPORT COAST, CA 92657 -2102 j j NEWPORT COAST, CA 92657 -2102 { NEWPORT COAST, CA 92657 -2102
RECEI\IED
PROOF OFijj jk%2u AM003
PUBLICATION OFFICEOF
THE GT( CLERK
Cm OF WIPOR
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH /COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
January 15, 2011
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on January 20, 2011
at Costa Mesa, California
Signatu-
PUBLIC NOME
NOTICE IS HEREBY GIV-
EN that on January 25,
2011, at Y,00 p. m., a
Special Review will be
conducted in the City
Council Chambers
(building A) at 3300
con
Water District - Re-
quest to allow the Instal-
lation of a Supervisory
Control and Data Acqui.
sition system consisting
of a new standard
monopole with antenna
and support equipment
attachments, Including a
yagi antenna, an omni
antenna, two solar pan-
els, and an equpiment
cabinet with base sup
Port equpimen1. The an-
tenna array is proposed
at a maximum height of
30 feat.
All Interested parties
may appear and present
testimony in regard to
this application. It you
challenge this project in
court, you may be
limited to raising only
those Issues you or
someone else raised at
the City Council meeting
(described in this no
lice) or in written cor-
respondence delivered
to the City, at, or prior,
to, the review. The agen-
da, staff report, and
documents may be re-
viewed at the City
Clerk's Office (Building
B), 3300 Newport Bou-
levard, Newport Beach,
California, 92663, or at
the City of Newport
Beach website at www.
gov, on
the ednesday prior to
the hearing. For more
information please call
939644.3204.
Project File No.:
Telecom Permit No.
2010 COS
Activity No.: PA2010-
046
Location: Base of the
San Joaquin Reservoir
dam (36 Ridgalme Drive)
Applicam Mesa Corset-
dated Water District
Leilanl I. Brown
City Clerk
City of Newport Beach
Published Newport Beach/
Costa Mesa Daily Pilot
January 15, 2011 Sa690
APN 461- 301 -60
APN 461- 301 -61
LEE, YOUNG S
MAINS, JAMES ALVIN
27 HARCOURT
29 HARCOURT
NEWPORT COAST, CA 92657 -2102
NEWPORT COAST, CA 92657 -2102
APN 461 - 301 -63
APN 461 - 301 -64
SHER WOOD, J STEVEN
DENNY, THOMAS J TR
33 HARCOURT
35 HARCOURT
NEWPORT COAST, CA 92657 -2102
- NEWPORT COAST, CA 92657 -2102
APN 461- 301 -66
- APN 461 - 301 -67
HSIEH, ANTHONY
GALANTE, FRED & SHERI L
39 HARCOURT
41HARCOURT
NEWPORT COAST, CA 92657 -2102
NEWPORT COAST, CA 92657 -2102
APN 461- 301 -73 APN 461- 301 -74
FIX, WARREN D & SHERRY R ROAF, WILLIAM LTR
38 HARCOURT _ 39 E AGATE AVE #403
NEWPORT COAST, CA 92657 -2110 _ LAS VEGAS, NV 89123 -6079
APN 461- 301 -80
• APN 461- 301 -81 -
NEWPORT RIDGE NORTH MAINT ASSOC
NEWPORT RIDGE NORTH MAINTENANCE ASSN -
ATTN: JAN ETTAROLA
ATTN JANET TAROLA '.
16845 VON KARMAN STE 200
16945 VON KARMAN STE 200
IRVINE, CA 92606 -4960
IRVINE, CA 92606
APN 461- 301-85
APN 461- 301 -83
NEWPORT RIDGE NORTH MAINTASSN
NEWPORT RIDGE NORTH MAINT ASSN
- % GREYSTONE HOMES INC
% GREYSTONE HOMES INC
- MARK ROSENS
26 EXECUTIVE PARK #100
26 EXECUTIVE PARK #100
IRVINE, CA 92614 -6779
- IRVINE, CA 92614 -6779
APN 461- 301 -87
APN 461- 301 -88
•,
GREYSTONE HOMES INC
�INEWPORT RIDGE NORTH MAINTENANCE ASSOC
%DOUGLAS S WOODWARD
% GREYSTONE HOMES INC
26 EXECUTIVE PARK #100
26 EXECUTIVE PARK #100 i
IRVINE, CA 92614 -6779
IRVINE, CA 92614 -6779 i
--- 461- 301 -92
NEWPORT RIDGE NORTH MAINTASSN
% GREYSTONE HOMES INC
MARK ROSENS
26 EXECUTIVE PARK #100
IRVINE, CA 92614 -6779
APN 461 - 301 -96
NEWPORT RIDGE NORTH MAINTASSN
%MARK ROSENE -
26 EXECUTIVE PARK STE 100
IRVINE, CA 92614 -6779
APN 461- 341 -20
YOUNG, HONG WUN
29 LEMANS
NEWPORT COAST, CA 92657 -0115
APN 461- 301 -93
NEWPORT RIDGE NORTH MAINTENANCE ASSN
ATTNJANETTAROLA
16945 VON KARMAN STE 200
IRVINE, CA 92606
APN 461 - 341 -18
TALEISNIK, CELIA TR
23 LEMANS
NEWPORT COAST, CA- 92657 -0115
APN 461- 341 -21
RICHMAN, ISAAC TR
P 0 BOX 8916
NEWPORT BEACH, CA 92658 -0916
APN 461- 301 -62
WEINBERG, DAVID M TR
31 HARCOURT
NEWPORT COAST, CA 92657 -2102
APN 461 - 301 -65
FLORES, REBECCA
37 HARCOURT
NEWPORT COAST, CA 92657 -2102
APN 461- 301 -72
CHEN, BEN TRUST
40 HARCOURT
NEWPORT COAST, CA 92657 -2110
APN 461 - 301 -75
CHEONG, BONG HO
8 HARCOURT
NEWPORT COAST, CA 92657 -2110
APN 461- 301 -82
NEWPORT RIDGE NORTH MAINT ASSOC
ATTN: JANET TAROLA
16845 VON KARMAN STE 200
IRVINE, CA 92606 -4960
AYN 4b1- 3U1 -60
GREYSTONE HOMES INC
DOUGLAS S WOODWARD
26 EXECUTIVE PARK STE 100
IRVINE, CA 92614 -6779
APN 461- 301 -90
NEWPORT RIDGE NORHT MAINTASSN
%MARK ROSENE
. 26 EXECUTIVE PARK STE 100
IRVINE, CA 92614 -6779
APN 461 - 301 -95�
NEWPORT RIDGE NORTH MAINT ASSN
% GREYSTONE HOMES INC
26 EXECUTIVE PARK #100
IRVINE, CA 92614 -6779
APN 461- 341 -19
KRANTZ, MARY LOU TR
j 25 LEMANS
NEWPORT COAST, CA 92657 -0115
APN 461- 341 -22
KABAKLIAN, KRIKOR H
35 LEMANS
NEWPORT BEACH, CA 92657 -0115