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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 2 ni.+' �+ {�y YL— cs:''''�� 6e � 4r7 �`'�eY'`kt y (1m 9a.5Ci {5'.a ife7 �titP. r L w a49A"t 1 1 ri r «�saitte+y g IT E x 5' Z_ b� @1rpgL" �v 1 %�+1s.f7.1 l � � F { }. t •% $�y� ~✓FY Li s ^I.i - hf �:d T+Y �'�9t. •. M '.:. g[2TJ0. \J i' ., Aq ♦ ♦I�Lde�x a 1 fe ft.q�C�'x``m.�,,,� 4 m. bpd �'``���L'✓.7yy"��,1{�p` �rrlse'�4 .' Kyor�ythW�iH 4 L it 11 y..��. login mom 1 t i t! E• Public Faciliti Ill-: Open S- _ ce (OS) _ ,. Newport Ridge Planned 2 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. 1(0 0 Attachment No. CC 3 Project Plans k7 ice) I DLT &V ♦ eryeie ........... we MCWD PROJECT NO. MC -1664 DLT&V PROJECT NO. 1366.00 SCADA SYSTEM UPGRADE CONFORMED SET JANUARY 2010 6 0 m ' IRWD CODE n 3. 5250 v u o ry oe M1kso Consolidated w Q CONFORMED DOCUMENTS a Osvm o es sxeeT _ o FOR CONSTRUCTION �Rx O 8 AT wSLP„ wx mm ana mum r.irE. a+a. wa wvo..o wnw as eaa., NX Sm,:w ma. wu ' Se'x zr u' u?u rw°�I[n wm, yr Ns��l Le�axw�a vwvm mL m my u aM m1nerz w.,o.wrvm ' wN awn aw aa¢s vmrPOmmaa[ I. aM=m'" mLWnum i. v 4 w w.eo'LNanel[ na:. », xamLa zu - rom w w5,awa IN on A: "` mMCUR r!LL'La mu. e¢lul NN 11 ae comma, ao..� -.n•. 15] LONDU T T M IGN MNCRRE WALL IYP m50 dCYE - ar IN1 WINSVI[ , maw ana wwao awS.r .+LS ra .+aw a nxn>m xm II --- law5a5 1 n a no m eao"v°® Q ww.5n ra. w c.a .waLw i. ww aam`x vai N nmLaau9 .. 'r.�xenzrz n wvo w Warm Ire, r Q rwma n m � n WpNb smg�,u& flC 9 I N'FR wJIF M Cupiwe 11 waww erAOaS O 'zaao la �au y� ,III fiM1•x loT •' I I III owl 5uYWm Y 6 WfliWw�0.LOXSfl[ eH M[ u+GNP mryiiMCn�W MMMS L W,ew Wn's MYp IwSwR a m5fu w iseiaaixNA°' wv6ac MP) w:=' M x ulvmo awmrvww e1°"mux5w�wwr .row El NAMN KM.We.uN ' Q mLL A BEY,,— •m�.E -LAM PweWtl �n59W5M NpSL[ uW�oe Mn wl upliM RAG( MAI WTI ANTENNA U m w.0 n. nr.-.L San mw nnnx.xo wRNnw In r'"w,u5 5.nWPYw Lw.KI. 1aIMF Ma L4W5 awSL BL WI -aiP IRVINE RANCH WATER DISTRICT �° mN. .M. omLlo rp SelNr s ovnm5 m x w5u er f o a uuuw. l in - Xm M ZfNC rennin rn l,'P xm ro scuE Q TP Scv[ IRWD COD n"mn "C CONFORMED DOCUMENTS Mesa CNSalldaled STANDARD DETAILS SNEET2 xaL oIS�n w" NioDLT&V FOR CONSTRUCTION R..Ey. E „i,NERRINR r AT m p taa• m[ ° ^m *±DLT &V CONFORMED DOCUMENTS ♦e.mte ^e. °m..vER „v FOR CONSTRUCTION ' e'�°wa az noxmw xe iwrruro w�zc�� �m .. nwux o xsrw xmxeR w. vo��� �Op"^x� wwlee I`mYwxxA1Txxa""'i .°xe"P�� w"'� ^'E•n°cw°w coma v.bna°Mfuu to mu dmomim� SO °jy °' vmoc an °wL xor mmxu,vvr °ox.uL.x -xg ®gym '..o Pwrzei � moxmiu °�°mx""m xa c"� ""w `o.w0°J°'m ixiwunox. "^'ti*a mm.'x� °n°'mvwxrzx.oxo MX 36 SAN JDAWIN RESERVpfl REPEATER yTE POWER PLAN _36E -1 "4 r \ , LACE LSEE DETAIL A \� THIS SHEET SAN JMQUIN RESERVQIR%', ti SITE PLAN - x.Ts 1 N ?� ,125'. APN 461 - 321 -28 11 V IRIND EASEMENT 88'3 SEE DETAIL 8 jr THIS SHEET 4. APN 461- 321 -36 ". CONT OL BUILDING ,\ y: (EXISTPG) SODIUM HYPOCHLORIl FACILTY (EXISTING) DETAIL A xas *�--T- BOLLARD Meso Consolklotetl ECAOA SYSTEM UPGRADE SAN JQAQUIN RESERVOIR RELAY PUNT o er Dst ict SITE ]S — SITE PLAN - mw!i�a•ovem e.+�.mer .nano wm • =•^e• w•^�°^ w. ea ru C -001 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 it ag' master entry pmn t mma.doac 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 ir agr master entry permit mm&&cx _y_ 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 it agr master entry permit mes3.dacx 3- 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 iragrmastcentry pemilr mesadeex 4- 2.7 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 iragrmasta mtrype hm =.docx 5 p 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. it agr master entry permit masa.dwx -6- 2q 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. it agr mastar entry permit mesa.doax .7. 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: irav manta may pamit a4esa.dacx g 3') 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 � D 2 O D O^ x m C Z s� � V O� Z .Z1 m v s O O k r � w 9 m m D jzN a OF "'1-e«e. � Nr.;.; ..:i r �.. i � _' .1 tip �G. ; -i ._ � _•_7a. �,. _ � D 2 O D O^ x m C Z s� � V O� Z .Z1 m v s O O k r ATTACHMENT 7.01 PHOTO SIMULATION —AFTER (Photo #2) Newport Ridge North. Please seethe attached approval letter. Owners Association, c ? 4^ 4 -d 4 - b M 0 a °- N ° j ro n m ° rt a Q t 3 n 0 0 1 ro ° Q L ° J n ro Y N MWN W-7 Y. Y' k' -1(49 MML6. ,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