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HomeMy WebLinkAboutSouthern California Edison - 2023-03-31 (3) AUNT NG 2000 Main Street, Huntington Beach, CA 6 m City of Huntington Beach RUNTY File #: 23-229 MEETING DATE: 3/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Chris Slama, Director of Community & Library Services PREPARED BY: Carrie Gonzales, Management Aide Subject: Approve five-year License Agreement with Southern California Edison for Langenbeck Park to expire March 31, 2028 Statement of Issue: The five-year license agreement with Southern California Edison for use of 8.18 acres known as Langenbeck Park expires on March 31 , 2023. Southern California Edison has prepared a new five- year license agreement for the City's use of this property for Langenbeck Park. Financial Impact: The annual amount for Langenbeck Park is approximately $2,269. Sufficient funds are budgeted in the Park Development Fund, account number 22845001 .70300. Future fiscal years will be budgeted accordingly. Recommended Action: Approve the License Agreement with Southern California Edison for the use of 8.19 acres of property known as Langenbeck Park (Contract No.9.5163), and authorize the Mayor and City Clerk to execute any and all documents necessary to conclude this transaction. Alternative Action(s): Do not approve the license agreement with Southern California Edison and direct staff accordingly. Analysis: The City of Huntington Beach first entered into a license agreement with Southern California Edison (SCE) in 1982 for the use of 8.18 acres of SCE property on Magnolia Street south of Garfield Street. It has been renewed for successive five-year terms since that time. The current license agreement expires on March 31 , 2023. The proposed license agreement would commence April 1, 2023 and expire March 31, 2028. City of Huntington Beach Page 1 of 2 Printed on 3/16/2023 ,re2184 LegistarT' File #: 23-229 MEETING DATE: 3/21/2023 The City has historically utilized the SCE property in conjunction with the adjacent City-owned property for use as Langenbeck Park. In exchange for the use of the property, the City would pay an annual license fee of$2,053.49 for year one of the agreement, with annual CPI adjustments over a five-year period. Year Term Yearly Amount Payment Due First Day of Month First Year 2023 $2,053.49 April Second Year 2024 $2,156.16 April Third Year 2025 $2,263.97 April Fourth Year 2026 $2,377.17 April Fifth Year 2027 $2,496.02 April All other terms of the proposed license agreement remain virtually unchanged from previous agreements. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. License Agreement for Langenbeck Park - Contract No. 9.5163 City of Huntington Beach Page 2 of 2 Printed on 3/16/2023 powerpowere204 Legistar"' SCE Doc. 157770 86166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) CITY OF HUNTINGTON BEACH LICENSE AGREEMENT INDEX OF ARTICLES 1. USE 2. TERM 3. CONSIDERATION 4. INSURANCE 5. LICENSER'S USE OF THE PROPERTY 6. LICENSEE'S IMPROVEMENTS 7. LICENSEE'S PERSONAL PROPERTY 8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES 9. ACCESS AND CLEARANCES 10.PARKING 11.WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT) 12.FLAMMABLES,WASTE AND NUISANCES 13.PESTICIDES AND HERBICIDES 14.HAZARDOUS WASTE 15.SIGNS 16.FENCING AND EXISTING FIXTURES 17. PARKWAYS AND LANDSCAPING 18.IRRIGATION EQUIPMENT 19.UNDERGROUND TANKS 20.UNDERGROUND FACILITIES 21.UTILITIES 22.TAXES,ASSESSMENTS AND LIENS 23.EXPENSE 24.ASSIGNMENTS 25.COMPLIANCE WITH LAW 26.GOVERNING LAW 27.INDEMNIFICATION 28.TERMINATION 29. EVENTS OF DEFAULT 30.REMEDIES 31.LICENSEE'S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION 32.LIMITATION OF LIABILITY 33.NON-POSSESSORY INTEREST 34.WAIVER 35.AUTHORITY 36.ELECTRIC AND MAGNETIC FIELDS Initial (7( )/( Licensor/Licensee -1- Rev8 2016-05-11 GS-JC SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) 37.INDUCED VOLTAGES 38.NOTICES 39.RECORDING 40.COMPLETE AGREEMENT 41.SIGNATURE AUTHORITY 42.SURVIVAL APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS ADDENDUM(S) PARK USE TREES/LANDSCAPING Initial (.12 .)/( / Licensor/Licensee -2- Rev8 2016-05-11 GS-JC SCE Doc. 157770 & 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) LICENSE AGREEMENT THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and , CITUY OF HUNTINGTON BEACH called"Licensee"; WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property" on the Exhibit "A" attached hereto and made a part hereof, being all of Assessor's Parcel Number 153-502-28, situated in the City of Huntington Beach,County of Orange , State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record. Acknowledgment of License and Disclaimer of Tenancy Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory, personal and non-assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement(the"License Privilege"). Licensee further acknowledges and agrees that: •The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest(such as a lease) in the Property or similarly situated parcels. • Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property. •The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property. • Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement. • In consideration of Licensor's grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License. • Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement. Initial ( )/( 73/ Licensor/Licensee -3- Rev8 2016-05-11 GS-JC SCE Doc. 157770 & 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) 1. Use: Licensee will use the Property for park and public recreation purposes only. Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30. 2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of April, 2023 and ending on the last day of March, 2028. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason. 3. Consideration: Licensee will pay to Licensor the sum of Two Thousand Fifty Three and 49/100 Dollars ($2,053.49) upon the execution and delivery of this Agreement with subsequent annual payments. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor. Payment schedule: Year Term Yearly Payment Due Amount First Day Of First Year 2023 $2,053.49 April Second Year 2024 $2,156.16 April Third Year 2025 $2,263.97 April Fourth Year 2026 $2,377.17 April Fifth Year 2027 $2,496.02 April All accounts not paid by the agreed upon due date may be subject to a late fee of up to 20%of the amount that was due on the date. All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department — Accounts Receivable. 4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance: (a) Workers' Compensation with statutory limits, under the laws of the State of California and Employer's Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and disease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor,its officers,agents and employees,except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with limits not less than $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers,agents and employees as additional insureds, but only for Licensee's negligent acts or omissions; (ii) be primary Initial ( 2 )/(T17/ Licensor/Licensee -4- Rev8 2016.05-1 I GS-JC SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (c) Commercial Automobile Liability insurance with a combined single limit of $2,000,000.00. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Property. The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 "Notices", at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. Ilowever, in the event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at least ten (10) days'prior written notice before the effective date of cancellation. The required insurance policies shall be maintained with insurers reasonably satisfactory to Licensor, and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor. 5. Licensor's Use of the Property: Licensee agrees that Licensor,its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof,and/or any related damages, as a result of Licensor's activities under this Article. 6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, identifying all existing and proposed improvements, a minimum of sixty (60) clays prior to making any use of the Property. Licensee's conceptual plans for proposed improvements shall be developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto,bnaed on individual eito characterietice,Licensor's existing or potential operating needs or Licensee's proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever. To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor's use of the Property. Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care. At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee's risk and expense and without compensation from Licensor. Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any Initial (1;; )/( / Licensor/Licensee -5- Rev8 2016-05-11 GS-JC SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with Articles 28, and/or 30. 7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee's personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein. Licensee shall be responsible for any damage to the Property and/or Licensor's personal property arising out of Licensee's activities on the Property, including its use and/or removal of Licensee's personal property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee's personal property during the effectiveness of this Agreement,or upon termination or expiration.Licensor further assumes no duty or obligation to maintain or secure Licensee's personal property at any time. (ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement. Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action,expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- party's personal property. 8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum clearances from all overhead electrical conductors as designated in the table below: Vehicle/ Equipment Vertical Clearance 500 kV 35 feet 220 kV—66kV 30 feet <66kV (Distribution facilities) 25 feet Telecom 18 feet All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen(15)feet. If requested by Licensor, Licensee will remove,at Licensee's expense,any tree and/or other planting. 9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property,at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty(40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances: Initial(:22 )/(73/ Licensor/Licensee -6- RevS 2016-05-11 CS-JC SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) a. A 50-foot-radius around suspension tower legs, II-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles. b. A 25-foot-radius around all other poles. NOTE: Additional clearance may be required by Licensor for structures. 10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking,storage,repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor. 11. Weeds, Brush, Rubbish and Debris (Weed Abatement': Licensee will keep the Property clean, free from weeds, brush,rubbish and debris and in a condition satisfactory to Licensor. 12. Flammables, Waste and Nuisances: Unless permitted by Licensor in writing, Licensee will not, or allow others, to place, use, or store any flammable or combustible materials or waste materials on the Property or commit any waste or damage to the Property or allow any to be done. Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances. Licensee will not permit dogs on the Property. 13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, and all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law, 14. 1-Iazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors,officers,agents and employees,and its successors and assigns,harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and arc attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee. 15. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor. Notwithstanding any other language in this Article,Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee's use of the Property, (ii) offensive to the public, or(iii) which Licensor, in its reasonable discretion,deems objectionable. 16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty(20) feet in width, and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, Initial (.i=7-)/( ) / Licensor/Licensee -7- Rcv8 2016-05-11 GS-JC SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor. 17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor. 18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace,if necessary, all irrigation equipment at its own expense. 19. Underground and Above-Ground Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval. 20. Underground Facilities: Any underground facilities must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle. Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities. 21. Utilities: Licensee will pay all charges and assessments for,or in connection with,water, electric current or other utilities which may be furnished to or used on the Property. 22. Taxes,Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "tate fee" on all amounts outstanding up to the maximum rate allowed by law. 23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement. All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee,without obligation by Licensor to make payment or incur cost or expense for any such matters or things. 24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 25. Compliance with Law: Licensee will comply with all applicable federal, state,county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities Initial ( ! )/( I4/ Licensor/Licensee -8- Rev8 2016-05-11 GS-JC SCE Doc. 157770 & 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision. 26. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California. 27. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee. 28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30.Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder,plus interest at the maximum rate permitted by law on such amounts until paid,as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to perform its obligations under this Agreement.Licensee's continued presence after termination shall be deemed a trespass.In the event of a termination for any reason other than non-payment of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement 29. Events of Default: In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: (a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 24. (d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency for Licensee's activities under this Agreement. (d) Any attempt to exclude Licensor from the licensed premises. (I) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial Initial(_6')/(7 / / Licensor/Licensee -9- Rev8 2016-05-11(;S-.1C SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No, L2094) seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days. (g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f' of this Article which has not been stayed or dismissed within thirty(30) days after the commencement thereof. (h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property. (i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten(10) or more consecutive days from the date of the notice. Further,with respect to items not otherwise listed in Article 29.a-h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen(15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After providing initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement, 30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee. 31. Licensee's Personal Property Upon Termination or Expiration: In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee's sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds,debris, and waste from the Property and peaceably quit,surrender and restore the licensed Property to the condition it was in prior to the Licensee's use of the Property, in a manner satisfactory to Licensor. If Licensee fails or refuses to remove any of Licensee's personal property, building(s), fixture(s) or structures)from the Property prior to llxc cm-licr of the termination date or expiration date,said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove,destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action),nor shall Licensor be responsible for the value of Licensee's personal property. Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to(i) the removal, disposal or sale of Licensee's personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste,weeds,or debris on the Property,(iii)environmental studies and environmental remediation and/or cleanup attributable to Licensee's use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Licensor's initial use of the Property. Licensee agrees to pay such expenses to Licensor upon demand. Initial (.")/L/ _) Licensor/Licensee -10- RevS 2016-05-11 GS-JC SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) 32. Limitation of Liability: IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3, WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR'S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR'S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE'S PERSONAL PROPERTY, BUILDING(S), STRUCTURE(S) OR FIXTURES) AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT. FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE'S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT. 33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property. 34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. Licensor's acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor's termination of the Agreement. 35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69-C, this License is made conditional upon the right of the Licensor either on order of the Public Utilities Commission or on Grantor's own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor's service to its patrons or consumers,it shall appear necessary or desirable to do so. Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor's rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities. 36. Electric and Magnetic Fields ("EMF"): There are numerous sources of power frequency electric and magnetic field ("EMF"), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns. While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, Initial(f:2_ )/ / Licensor/Licensee -11- Rev8 2016-05-11 GS-JC SCE Doe. 157770 & 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected. Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property. 37. Induced Voltages: Licensee hereby acknowledges that any structures(including, but not limited to,buildings,fences,light poles)that exist or may be constructed on the Property licensed herein, (hereinafter,the"Structures")in close proximity to one or more high voltage(66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as"Induced Voltages") unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense. Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor's own personal property,or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures. (THIS SPACE LEFT BLANK INTENTIONALLY) Initial O/( / ) Licensor/Licensee -12- Rev82016-05-11 GS-JC SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) 38. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows: To Licensor: Southern California Edison Company Vegetation& Land Management Land Management—Southern Region 2 Innovation Way Pomona, CA 91768 To Licensee: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Business Telephone No. (714) 374-5309 Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change. 39. Recording: Licensee will not record this Agreement. 40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. This Agreement may not be modified, amended, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements, This Agreement may be modified or amended only by way of a writing executed by both parties. 41. Signature Authority: Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein. 42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. Initial( �)/ / Licensor/L see -13- Rev8 2016-05-11 OS-JC SCE Doc. 157770 tic 166551 Mt. Contract No. 9.5163 (Formerly Contract No. L2094) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate. LICENSOR: SOUTHERN CALIFORNIA EDISON COMPANY By BRIAN TORRES Real Estate Advisor Land Management-Southern Region Vegetation &Land Managment th-2-/2 Date LICENSEE: CITY OF HUNTINGTON BEACH 14)By / '� TONY STRICKLAND, Mayor 3.3/. 7,3 Date COUNTERPART Initial ( )/(73 / Licensor/Licensee -14- Rcv8 2016-05-11 GS-JC SCE Doc. 157770 & 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate. LICENSOR: SOUTHERN CALIFORNIA EDISON COMPANY By BRIAN TORRES Real Estate Advisor Land Management- Southern Region Vegetation & Land Managment Date LICENSEE: CITY OF HUNTINGTON BEACH By / 7 TONY STRICKLAND, Mayor 3 .31• Z5 Date COUNTERPART APPROVED AS : FO: r; • I AEL E. GATES au ITY ATTORNEY CITY OF HUNTINGTON BEACH Initial ( )/( 5/ Licensor/Licensee -14- RevS 2016-05-11 GS-JC SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) APPENDIX Guidelines for Standard Licensee Improvements The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein after referred to as "Licensor" for consideration and approval prior to the start of anti construction on"Licensor"property. Plans should be developed indicating the size and location of all planned improvements.The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent"Licensor" towers, poles, guy wires or other"Licensor" facilities. The plan must show the locations of all "Licensor" towers and poles, 16-foot wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas.All plans must indicate adjacent streets and include a"north arrow" and the Licensee's name. SHADE STRUCTURES (Definition:A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants) 1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor's overhead electrical conductors (wires)unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of: a. 100 feet in length b. 50 feet in width c. 15 feet in height 2. Shade structures will not be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles 3. Shade structures must utilize the following design: a. Temporary/slip joint construction only b. Non-flammable frame only c. Adequately grounded by a licensed electrical engineer d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials. Initial Licensor/Licensee - 1 - 2014.12.01 V11-OS-JC SCE Doc. 157770 8s 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) SHADEHOUSESJI IOTHOUSES (Definition: A simple, non flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants) 1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in perpendicular to Licensor's overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of: a. 100 feet in length b. 50 feet in width c. 15 feet in height 2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles 3. Shadehouses/hothouses must utilize the following design: a. Temporary/slip joint construction only b. Non-flammable frame only c. Adequately grounded by a licensed electrical engineer d. Covering must be non-flammable and manufactured with non-hydrocarbon materials GREENHOUSES (Definition:An enclosed structure designed to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plartta) Greenhouses will be considered on a case-by-case basis. IRRIGATION SYSTEMS / WELLS 1. Maximum diameter of pipe: 3 inches 2. All pipe must be plastic Schedule 40 or better 3. No irrigation system will be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50 -foot radius around suspension tower legs, H-Frames and poles Initial (, )/(1f / Licensor/Licensee - 2 - 2014.12.01_V 11-GS-JC SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) c. 100-foot radius around dead-end tower legs, H-Frames and poles 4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way 5. Suitable identification markers will be required on main controllers and valves 6. Locations of main shut off valve will be provided and shown on a plot plan 7. Underground facilities must have a minimum cover of three feet 8. Earth disturbed must be compacted to ninety percent(90%) LANDSCAPING I. No trees will be permitted under the overhead electrical conductors or within 20 feet of the"drip line" of the conductors 2, Trees must have slow to moderate growth,and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet 3. Placement of large rocks (boulders) must be approved in writing by Licensor 4. Any mounds or change of grade must be approved in writing by Licensor 5. No cactus or thorny shrubs will be permitted 6. Retaining walls, planters, etc. may be considered on a case by case basis and must be approved in writing by Licensor TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor's prior permission. Trailers must meet the following criteria to be considered:Trailers must meet the following criteria: a. Must have axles and wheel and be able to be moved b. Maximum length: 40 feet c. Maximum height: 15 feet d. Maximum width: 12 feet 2. No trailers will be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles c. Under or within 10 feet of the conductor"drip lines" Initial ( /(7J / Licensor/Licensee - 3 - 2014.12.01_V 11-GS-JC SCE Doc. 157770 & 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) 3. Sewer or gas lines to trailers must be approved in writing by Licensor 4. Location of all electrical and telephone lines must be approved in writing by Licensor 5. Electrical lines must be installed by a licensed -general contractor. 6. Trailers shall not be used for residential purposes 7. Toxic or flammable materials will not be permitted in trailers 8. Adequately grounded by a licensed -general contractor PARKING AREAS Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the "drip lines"without Licensor's prior written approval.Parking spaces to be identified under the approved site plan. "No Parking" striping may be required in areas where additional clearance is required. MATERIAL STORAGE 1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities. 2. Licensee must provide Licensor with a list of material stored on the right of way 3. No toxic or flammable materials will be permitted 4. No materials shall be stored within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16-foot wide access roads b. 50 - foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25 feet from anchors/guy wires, poles and wood poles 5. Storage of materials not to exceed a maximum height of 15 feet 6. No storage of gasoline, diesel or any other type of fuel will be permitted 7. Any fencing around the storage areas must have Licensor's prior written approval. Initial (77)/( 3./ Licensor/Licensee - 4 - 2014.12.01 V11-GS-JC SCE Doc. 157770& 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) ADDENDUM PARK USE A. Licensee must obtain the prior written approval from Licensor for the installation of any improvements, including any subsequent modifications. Licensee will maintain all improvements in a safe condition satisfactory to Licensor. B. At any time, Licensor may require the removal, modification, or relocation of any portion of the improvements. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty(60)days after receiving notice to remove,modify,or relocate from Licensor. C. Licensee must submit, for Licensor's prior written approval, complete improvement plans, including,but not limited to,grading,lighting,landscaping,grounding,and irrigation plans,that identify all existing and proposed improvements. D. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV's or Drones), or Metallic Balloons Permitted, High Voltage Wires Overhead." E. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted." F. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "Dogs are required to be on leash at all times." G. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public or for maintenance of Licensor's facilities. If it is necessary to close the park for a period of more than three days, Licensee will notify the general public of the closure by posting at all access points to the property. H. At Licensee's expense, Licensee will install removable post-type barriers designed to accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but not limited to, motorcycles, off-road vehicles, and"all-terrain"vehicles. I. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor's direct and indirect costs associated with the engineering, purchase, and installation of the discouragers. All towers shall be equipped with signs so worded as to warn the public of the danger of climbing the towers. Such signs shall be placed and arranged so that they may be read from the four corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet above the ground except where the lowest horizontal member of the tower or structure is more than 20 feet above the ground in which case the sign shall be not more than 30 feet above the ground. J. Licensee must design and construct all walkways, underground sprinkler systems, lighting facilities, and drains to be capable of withstanding a gross load of forty(40) tons on a three-axle vehicle. Initial Licensor/Licensee - 5 - 2014.12.01 V11-GS-JC SCE Doc. 157770 & 166551 Att. Contract No. 9.5163 (Formerly Contract No. L2094) ADDENDUM TREES/LANDSCAPING A. Existing landscaping improvements (trees, plants, and shrubs) have been inspected and approved by Licensor. This written approval may be modified and/or rescinded by Licensor for any reason whatsoever. B. At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee's risk and expense and without any compensation from Licensor. C. Licensee agrees and accepts full responsibility for the maintenance and/or removal of all trees, plants, and shrubs (vegetation) located on the property. All costs associated with the maintenance and/or removal of trees/vegetation will be the sole burden of Licensee. D. Periodically, the Property will be inspected by Licensor, and upon determination that any tree/vegetation requires trimming or removal, Licensee will be notified by Licensor. Failure by Licensee to trim or remove said tree/vegetation in the time allotted, that results in Licensor's contractor performing the work, Licensee will be billed by Licensor for the contractor's expense; and Licensee may be subject to termination under the terms and conditions of the Permit or License. E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen(15)feet in height. F. Failure by Licensee to maintain all permit or license clearance requirements will require removal at Licensee's expense. G. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees, plants, or shrubs within the Property. If additional authorization is requested by Licensee and prior written authorization is received by Licensor, no tree or plant species that is protected by federal or state law shall be planted within Licensor's land and no cactus or thorny shrubs/plants will be permitted. H. Any improvements or alterations, including retaining walls, planters, placement of large rocks, etc. and any mounds or changes of grade, require prior written approval by Licensor. I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. J. Upon permit or license termination, Licensee agrees to remove all trees/vegetation and improvements and restore the Property to a condition satisfactory to Licensor,at the sole expense of Licensee. Initial (` `7 )/( 1 S / Licensor/Licensee - 6 - 2014.12.01_V 11-GS-JC \ I CITY OF FOUNTAIN VALLEY\N -- -'cTi GARFIELD AVE" —-—-_E_ = l -— �176�� R=24, �� CITY HUNTINGTON BEACH r) �f W n ( PP• y.,, — -It- 200' ill 1 _ NOTE:1-] a , co u; Li e • THE FOLLOWING CLEARANCES I 115 46' 48' MUST BE MAINTAINED AT ALL TIMES; to —_ PP• M \ BROOKS DE DR � a) A 50-FOOT RADIUS AROUND SUSPENSION `-I TRACT' NO. 8059 52' _ TOWER LEGS, H-FRAMES & 100-FOOT RADIUS v a M.B. 336/3-6 Z AROUND DEAD-END `� . TOWER LEGS. b) A 25-FOOT RADIUS W.EIITESSAILS CIR ; ` J AROUND ALL OTHER `•.`.,,_ POLES PP �___� FRANCISCAN CIR 4 Cl) O TRACT NO. 7596 0 a• x M.B. 353/11-15 u 1 I L 1.0 KEEL DR 0' � l52 ` � PP M a A LUSS DR � � r j 461' O o T/L R/W ---1)---Ir— TOPSIDE CIR a :,1`` „�M10-13 .�,� LANGENBECK PARK $ N PP`_`.M6-T1 661' PP I\ /. LEGEND /N PROPERTY OF SOUTHERN CALIFORNIA ® APPROXIMATE TOWER LOCATION EDISON COMPANY BEING LICENSED 0 100 200 400 TO CITY OF HUNTINGTON BEACH FOR •PP APPROXIMATE WOOD POLE LOCATION PARKS & PUBLIC PURPOSES ONLY SCALE IN FEET ACCESS ROAD EXHIBIT "A" FACILITY NAME: BARRE - ELLIS 220 KV T/L R/W LICENSED AREA (GROSS) SQ.FT.: 338,571 AC.: 7.77 LICENSEE: CITY OF HUNTINGTON BEACH CONTRACT NO.: 9.5163 ACCOUNT NO.: L2094 CITY: HUNTINGTON BEACH COUNTY: ORANGE STATE: CA T.G.: 858/B4; 858/B5 M.S.: 042-090 APN.(S): 153-502-28 SCE DOCUMENT NO.: 157770/001; 157770/002; 157770/003; 166551/001; 166551/002; 166551/003 SCE SANDERS MAP: 549259; 549260 SCE LAND BOOK: N/A REF: 2018/9.5163.DWG 74 SOUtHEN CALIFORNIA R.P. LAND AGENT: B. TORRES LANDBASE MAPPING: WESTLAND GROUP, INC. CHECKED BY: V. MUNOZ t(CC (S� N" ORDER NO.: 801167052 NOT. NO.: 202714250 DATE: 01/27/2023 FILE NAME: 9.5163.DWG An EDISON WINRNATlONAL•Comm, 1/27/2023 11:38 AM, P:\YEAR-2023\2023-012-SCE-STAFF AUGMENTATION\9.5163\MAPPING\9.5163.DWG sItitY City of Huntington Beach ll1 I 2000 Main Street H,a V; , L Huntington Beach, California 92648 t� Certificate of Self insurance Memorandum Number: FY 22/23, No, 002 This evidence of coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This evidence of coverage does not amend, extend or after the coverage afforded by the memoranda listed below. Certificate Holder: Southern California Edison (SCE) Coverage Effective: 07/01/22 Coverage Expires: 06/30/23 This is to certify that the City of Huntington Beach is self-insured for general liability claims. Sufficient cash reserves to afford coverage for uninsured losses are maintained at $1,000,000. Type of Coverage: General Liability, Comprehensive Auto Liability, Employer's Liability, Workers'Compensation Coverage Limit of Liability/Coverage: $1,000,000 Combined Single Limit per Occurrence Certificate Requested By: Carrie Gonzales, Community Services Description of Operation, Vehicle or Property: This certificate is issued to and additonally insures the Certificate Holder, its agents, officers, representatives and employees as proof of the City of Huntington Beach's self-insurance status in conjuction with the following contract numbers: 9.3265 (Arevalos Park), 9.2193 (Edison Park), 9.2473 (Edison Park), 9.2247 (Gisler Park), 9.3920 (HB Community Garden), 9.5163 (Langenback Park), 9.2480 (LeBard Park). it is provided to Carrie Gonzales of the City of Huntington Beach Community Services Department at 2000 Main Street, Huntington Beach, CA (92648). Should any of the above coverage for the Covered Party be changed or withdrawn prior to the expiration date issued above, the City of Huntington Beach will mail a 30-day written notice to the Certificate Holder but, failure to mail such notice shall impose no obligation or liability of any kind upon the City of Huntington Beach, its agents, officers or employees. if you have any questions, contact: DeAnna Soria, Risk Manager (714) 536-5 19 41.1---0--i—o---Authorized Representative: 'L., t. NTiN�"'=^ City of Huntington Beach I/ `���C�RPOn �.. 2000 Main Street ♦ Huntington Beach, CA 92648 .w' �:- __ (714) 536-5227 • www.huntingtonbeachca.gov oict '0 \�9�Gc•• oe� �QUNT�� • Office of the City Clerk ��F •''NTY `, #o Robin Estanislau, City Clerk �� March 31, 2023 Southern California Edison Company Vegetation & Land Management Land Management— Southern Region 2 Innovation Way Pomona, CA 91768 To Whom It May Concern: Enclosed for your records is a fully executed original of the "City of Huntington Beach — License Agreement— Contract No. 9.5163" five-year agreement with SCE for the use of Langenbeck Park, approved by the Huntington Beach City Council on March 21, 2023. Sincerely, Qs0 9'6/ Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand ELECTRIC Cf 21 RESEARCH NST TUTE January 2012 FMF and Your Health ''/.. / t / / r • , ...) r .?„_-....` i EMF AND YOUR HEALTH Contents EMF Around You 4 Potential Health Effects 11 International EMF Reviews 16 Standards and Policies 18 Further Reading 21 -14) 4111 tt4 2 EMF AND YOUR HEALTH Electric and magnetic fields (EMF) are present whenever and wherever electric- ity is generated, transmitted and used. Given electricity's unique and growing role in modern life— to light our homes, refrigerate our food, heal, diagnose, entertain, and communicate— one important question is whether exposure to EMF can have harmful health effects. To answer this question, hundreds of scientific studies have been carried out around the world over the last 30 plus years. Conducted at universities and research institutions, these studies have used a variety of approaches to explore the potential health effects of EME Some have looked at patterns of disease in human populations, some at the effects of EMF exposure on laboratory animals, and still others at biological mechanisms that might plausibly link EMF to vari- ous diseases. The World Health Organization (WHO) has weighed the full body of evidence from all these studies and classified EMF as `possibly carcinogenic,"primarily because of observations made in human populations that show an association between magnetic field exposures and childhood leukemia. The association is weak and not supported by laboratory research, but it does show up in studies time and again, so causation cannot be ruled out. Ongoing research is trying to resolve this uncertainty. This brochure has been developed to help explain the complex issue of EMF to the general public. It covers the physical nature of electric and magnetic fields, the health research and its findings, our everyday exposures to EMF, and the conclusions reached by scientific panels and policy makers, alike. The brochure was produced by the Electric Power Research Institute (EPRI), a non-profit institution that has been involved in research on the health effects of EMF for more than 30 years. EPRIs EMF program continues to fund indepen- dent research at universities and other research institutions, all of which publish their findings in peer-reviewed scientific journals. 3 EMF AND YOUR HEALTH EMF Around You EMF Around You WHAT ARE ELECTRIC AND MAGNETIC FIELDS? Electric and magnetic fields are part of both the natural and manmade environments, and are often described as invisible lines of force.As shown in Figure 1, these fields are part of the electromagnetic spectrum, which is arrayed by the frequency of the field, or the number of times the field completes a full cycle (oscillates), every second. Near the low end of the spectrum are fields that arise from the use of electricity in the home. They have frequencies of 50 cycles per second in Europe and 60 cycles per second in North America, or 50 and 60 Hertz (Hz).At the high end of the spectrum is ionizing radiation, such as x-rays and gamma rays, with frequencies in the range of a billion-billion cycles per second. In the middle of the electromagnetic spectrum (millions to billions of cycles per second), are the radio-frequency fields we use everyday for TV, radio, and cell and cordless phones, and microwave ovens. Ionizing radiation, such as x-rays, has enough energy to damage cells, and its use in medicine and nuclear energy is carefully managed. Radio- frequency exposures interact with people by depositing thermal energy in the body, which can result in the heating of tissue.At the frequencies our electric power systems operate, exposures cannot directly damage cells or produce tissue heating.This brochure focuses on the potential health ef- fects of these extremely low frequency(50 or 60 Hz) fields. Electricity use produces two types of fields—electric fields and magnetic fields. Electric fields arise from a voltage, which is analogous to the water pressure in a hose,whereas magnetic fields arise when the electric cur- rent begins to flow, analogous to opening the nozzle of the hose. Electric fields are easily shielded by objects and materials, such as houses, trees, wood, even skin. However, magnetic fields are not easily shielded and pass through most objects. Both can interact with living bodies, induc- ing electrical forces within those bodies.This is not so foreign as it might sound, since all living things rely upon electricity to run virtually all pro- cesses of life.There is a small voltage across the membrane of every cell in the human body that regulates the internal operations of the cell, acts as a traffic cop regulating what passes in and out of the cell, and sends impuls- es along the nerves to the brain, organs and extremities.The additional 4 EMF AND YOUR HEALTH EMF Around You electrical activity"induced" in the body by outside sources, such as power lines, home wiring, appliances, and equipment, are typically a small frac- tion of those that regulate the body. Health-related research over the years has shifted away from electric fields to magnetic fields.The reason is that a large body of research supported by the Department of Energy (DOE) and EPRI, among others, did not uncover hazards associated with electric field exposure at the levels encountered in everyday activity. Exposure at very high levels can poten- tially be harmful, so standards have been established (see page 18). Health concerns are now focused on magnetic fields. Wave length -----„..N.,_ f . yf:: :; bIM non-ionizing radiation ionizing radiation 1 , t r t 106 Hz 102 Hz 106 Hz 108 Hz 1014Hz 1016 Hz 1024Hz Static Fields Extremely Radio Radio Visible light Ultraviolet Ionizing Low Frequency Frequency Radiation Frequency it 4 @ 00) CI SI Figure 1—The electromagnetic spectrum arrays fields by their frequency,ranging from zero(static field)and the very low, with frequencies in the hundreds of cycles per second,to the very high, with frequencies of trillion-billion cycles per second or more. Visible light sits in the middle of the spectrum. TYPICAL SOURCES OF EMF EXPOSURE From this point on in the brochure, our discussion focuses on the power frequency magnetic fields (50 or 60 Hz) associated with the transmission, distribution, and use of electricity, as shown in Figure 2. The unit of measure in the United States for magnetic field intensity is the"Gauss," and most of the fields experienced in daily life are in the milligauss range 5 EMF AND YOUR HEALTH _= EMF Around You Power Generation Step Up Transformer Transmission H = ,raa 7F) ) T" III III 1116 ®I® Substation OCCUPATIONAL STUDIES Ak e Occupational studies can offer iee a useful opportunity to examine �� environmental EMF exposures at higher levels than occur in Home Distribution residential settings. Many occu- Figure 2—Keeping the lights on requires an instantaneous flow of electricity from the power pational studies of electrical station through the transmission and distribution lines directly into the home. Voltage is stepped workers and others exposed up or down by transformers to move electricity more efficiently. to higher magnetic fields have examined both cancer and other diseases. Overall,the occupa- (mG = 1/1000 G). The international unit is the "Tesla,"which is a mul- tional studies do not support tiple of the Gauss,where for example, 10 mG = 1 microtesla. the link between magnetic fields exposure and any form of Most human exposure to EMF from electric power sources (50 or 60 Hz) cancer. occurs during daily activities at home, at work and school.This includes exposure to low-level fields from power lines and house wiring, as well as appliances running on electricity. (Note: Exposure to fields from wireless communications, such as cell phones, occurs at much higher, megahertz frequencies, and is not covered by this brochure).As shown in Figure 3, magnetic fields from transmission lines fall off rapidly with distance from the lines. Distribution lines are generally located closer to homes.They also pro- duce magnetic fields but usually at lower levels. Magnetic fields are the result of electrical current, and this flow can fluctuate during the day as demand for power goes up and down.According to the 2002 report of the National Institute of Environmental Health (NIEHS) and the De- partment of Energy (DOE), "Magnetic fields directly beneath overhead 6 EMF AND YOUR HEALTH EMF Around You distribution lines typically range from 10 to 20 mG for main feeders and less than 10 mG for laterals. Peak EMF levels, however, can vary considerably depending on the amount of current carried by the line. ANIMALS AND PLANTS Peak magnetic field levels as high as 70 mG have been measured di- rectly below overhead distribution lines, and as high as 40 mG above Research on how animals and plants might be affected by underground lines." exposure to EMF has been conducted since the 1970's. , r Approx.Edge r of Right-of-way r r EMF exposure has not been shown to have any consistent �°"uitoaorsv detectable, adverse effects on 20 mG 1 mG 0mG 0mG plant growth or animal health. A separate issue is sometimes raised about potential harm to farm animals from"stray volt- ,I■■'————_ _ ages."Stray voltage is a general 30 mG z mG 0.4 me 0.2 mG term used to describe the small voltages that may exist at con- {, _.; tact locations where they would not be expected nor desired. 60 mG 7 mG 2 mG 0.8 mG These voltages may result from the operation of electricity 500 k v delivery and utilization systemsII III on fog <= both on and off a farm. Stra �,, y 9DmG 13mG 3mG 1.5mG voltages may be enhanced by various abnormal and cor- 100 It 200 ft 300 ft rectible situations, such as poor Figure 3—Magnetic field intensity falls off rapidly with distance for both distribution and transmis- insulation or wiring errors. Bees sion lines. The field intensity varies over the day depending upon how much current is flowing in commercial hives with metal- through the line,or the design of the line.Source:BPA, 1993 and PG&E,2008. lic components under or very close to transmission lines may be adversely affected if situated in electric fields high enough to produce conditions prone to HOW EXPOSURE TO FIELDS VARY THROUGHOUT A DAY shocks within the hives.These can be mitigated by A persons exposure changes over time and space, as people move from lo- effects shielding and grounding. cation to location in everyday life, from home to school or work, as well as when coming closer to appliances or other sources of exposure.Typical exposures throughout the day are shown in Figure 4.An individual may experience momentary peaks while getting dressed (e.g. using a hairdry- er), traveling in a vehicle under power lines, and at home during dinner. 7 EMF AND YOUR HEALTH EMF Around You a 7 6 0 E I) I q I 1..,,(INN'taiiilletito4"114.6`46Pinihoir‘iiii4frim w4 Daytime Evening Nightime Figure 4—Fields vary throughout the day.Averages can be quite low but there can be brief spikes as people move around or engage in differ- ent activities. EXPOSURES AND TYPICAL LEVELS Exposures to EMF in homes vary, depending on the location and type of home, and on how much time a person spends near to sources of EMF, including household appliances and wiring in the walls. In the United States, as shown in Figure 5, about 6% of homes have average exposure levels above 3 mG. One key study found that 3% of California schools are estimated to have average exposure above 3 mG. 8 EMF AND YOUR HEALTH 2. EMF Around You 10 • Travel School Home not in Bed • Home in Bed PACEMAKERS AND OTHER E MEDICAL DEVICES v Pacemakers and defibrilla y-' 5 U tors are the most commonly implanted medical devices that may be affected by high EMF. E 3 Other devices that could possi- bly be affected by EMF expo- sure include cochlear implants 1 ---� --and neurostimulators. High 0 levels of exposure may cause 50% 25% 10% 5% 1% interference with the operation of these devices through their Average exposure of population sensing electrodes.The sensi- tivity of these devices depends Figure 5—Average fields found in United States homes,schools and transportation are typically on manufacturer,design, and below 3 mG.About 6%of homes show average exposures above 3 mG.Source:EMF Rapid, 1998. how they are used by a patient. Metallic case shielding, internal circuits,filters and bipolar sens- ing have contributed to im- Electric fields are produced by household appliances whenever they are proved immunity to interference, plugged in,whether operating or not,while magnetic fields occur only and in practice, interference is when the appliances are turned on. Both types of fields fall close to very rare. Concerned individuals background levels within a few feet of the appliance.As shown in Table should consult their doctor. 1, short-term exposures from some of the appliances that are used close to the body can be quite high. Some hairdryers inches from the head, for example, can produce fields as high as 700 mG. Fields from computer monitors and TVs are quite low overall. 9 EMF AND YOUR HEALTH EMF Around You Magnetic Field(mG) Appliances Le root um.Distance — lt2r AC Adapter 0—7.5 0—0.8 laBaby Monitor 0—2 0—15 Compact Flourescent Bulb 0—0.1 0—0.8 amEs Digital Clock 0—8 0—8 ® Dimmer Switch 0—0.8 0—0.8 1E1Electric Stove 1—5 0—20 gtJ Gaming Console 0—0.5 0—0.6 Hairdryer 0—70 1—700 LiLaptop Computer 0 0—0.1 VILCD TV 0-2.5 0-0.6 Microwave 1—200 0—300 II inPlasma Tv 1.4—2.2 0—0.1 '11I'11 Portable Heater 1—40 5—150 Table 1—Exposure to 50 or 60 Hz magnetic fields from electric appliances can vary greatly depending upon how close it is to the body.Intensity falls off dramatically with distance.Source: Zaffanella, 1992,N!EHS,2002,and EPRI,2010. 10 EMF AND YOUR HEALTH Potential Health Effects Potential Health Effects There are a couple of guiding principles in health research. First, a single study is almost never definitive. Drawing scientific conclusions requires that the same or similar results be seen by different investigators.The v v 0..'.r second guiding principle is that different scientific approaches are useful LEUKEMIAS in getting to the answer.When different approaches arrive at the same Leukemias include a variety of cancers that arise in the bone conclusion, scientists have greater confidence in the results.When judg- marrow where blood cells are ments are rendered on whether a specific exposure causes a particular formed. Leukemias represent disease, expert scientific panels look at the full "weight of evidence" from less than 4%of all cancer cases all of these different studies before they make the call. in adults but are the most com- mon form of cancer in children. There are three basic approaches that can be thought of as forming a For children age 4 and under three-legged stool of evidence.The three legs are human studies, animal the incidence is approximately 6 per 100,000 per year, and studies, and"mechanistic studies,"which involve finding the underlying decreases to 2 per 100,000 per chain of physical and biological causation. But why use three approaches year past the age of 10. Genetic instead of one? It is very difficult to directly measure the impact of a factors may play a role, but the substance on a human population, so indirect measures—the three legs— only known causes are ion- are used.These indirect measures all have strengths and weaknesses, but izing radiation, benzene, and together, like a jigsaw puzzle, they can provide a more complete picture. other chemicals and drugs that When all three legs support the "weight of evidence," the results are suppress bone marrow func- considered solid.When one leg supports one conclusion but the other tion, and human T-cell leukemia virus. two legs don't, the stool is wobbly.The uncertainty this creates must be [Source:NIEHS 2002,page 18] factored into the conclusion reached by expert scientific panels. Studies involving groups of human beings carry more weight in the health research community than studies involving animals or cells in isolation.The most commonly used approach with humans involves comparing a group of people with a given disease (e.g. children with leukemia) with a comparable group without the disease, then estimat- ing the historical exposure of both groups to the agent under study.The researchers look for patterns and associations between exposure and dis- ease.This field of science, called epidemiology, uses sophisticated statisti- cal techniques to tease out one possible cause of the disease from all the other possibilities. If researchers find a robust association, they then try to establish the nature and level of the risk. 11 EMF AND YOUR HEALTH Potential Health Effects 3.5 2 3.0 a c 47 2.5 cu v C 8 2.0 m 1.5 M v 1.0 i O OTHER THEORIES 0.5 >4 Although living near power <1 1-2 2-4 - lines increases exposure to the Exposure(mG) EMF, there are other factors to consider.According to one Figure 6-Results of one pooled analysis of childhood leukemia studies shows the risk of leu- theory, interaction between kemia is increased by a factor of 2 with average exposure levels greater than 4 mG,but found no indication of risk increase below that level.A pooled analysis combines data from different electric fields and airborne studies into one data set for statistical analyses.Source:Ahlbom,2000 pollutants close to high volt- age power lines may increase the risk of some health effects. If an association is strong, it is more likely that the association does, in Another theory is that magnetic fact, denote the cause. For example, the association between smoking and fields are associated with small lung cancer is very strong. Epidemiological studies showed more than ten voltages in house plumbing times greater risk for smokers than for non-smokers. If the association is systems, which could cause small, imperceptible currents to weak, it is possible that the agent is not the direct cause of the disease. It flow through the bone marrow of could mean that the factor occurs together with some other factor, not children when bathing. These measured in the study, that actually causes the disease. In such cases, the theories are being investigated association measured may be misleading. and thus remain unconfirmed. Scores of epidemiological studies, all over the world, have looked at potential health effects in relation to EMF and turned up mixed results. The most consistent finding is an association between magnetic fields and childhood leukemia. Studies that combine or"pool" the data from differ- ent studies found the risk of childhood leukemia is increased by a factor of 1.5 to 2 with average exposure levels greater than 3-4 mG, but found no indication of increased risk below the 3-4 mG level. Figure 6 shows the results from one of these pooled analyses (Ahlbom, 2000) where the 12 EMF AND YOUR HEALTH Potential Health Effects risk of leukemia is increased by a factor of 2 with exposure levels greater than 4 mG. The second scientific approach involves animal studies where laboratory animals, such as mice and rats, are exposed to the agent in question, and often at much higher levels than everyday human exposure.To date, doz- ens of highly controlled laboratory studies on EMF have been carried out, exposing rodents intermittently and continuously to doses as high as 10 G for as long as two years.These levels are much higher than average resi- dential exposures.The results have been consistently negative, showing no contribution of EMF exposure to the development of cancer. Efforts to extrapolate these results to human beings can be questioned, and future research may use laboratory animals that are genetically engineered to be better models for leukemia research. But one fact stands out: according to the International Agency for Research on Cancer(IARC), `All known human carcinogens that have been studied adequately for carcinogenicity in experimental animals have produced positive results in one or more animal species." So, all in all, the second leg of the evidence stool does not sup- port the findings of the first leg. The third leg of evidence involves more detailed examination of the basic science in an effort to find a plausible biological explanation of how EMF could initiate or promote cancer or some other disease or health outcome. Thus far, a biological mechanism for typical EMF exposures has not been identified despite years of laboratory research.This may be because the energy levels involved are too low to have an effect on DNA. Thus, the third leg of the stool remains shaky, unable to support a coherent picture of how EMF might cause health effects. The inconsistency in these results has led to classification of magnetic fields as "possibly carcinogenic" by IARC in 2001, and reaffirmed by the World Health Organization (WHO) in 2007.The classification does not mean a causal relationship has been established.What it does mean is that an association has been observed that is considered to be scientifically credible, but that chance, methodological bias or some other cause cannot be excluded as an explanation.Table 2 gives examples from the almost 1000 agents evaluated by IARC to date. Extremely low frequency(ELF) magnetic fields are in the same category as lead, chloroform, gasoline engine exhaust, coffee, and pickled vegetables. 13 EMF AND YOUR HEALTH Potential Health Effects IARC Classification Examples of Agents Carcinogenic to humans(107) Asbestos (Usually based on strong evidence of Alcoholic beverages carcinogenicity in humans) Benzene Radon gas Solar radiation Tobacco(smoke and smokeless) X-and gamma-radiation Probably carcinogenic to humans(59) Biomass smoke indoors (Usually based on strong evidence of Diesel engine exhaust carcinogenicity in animals) Polychlorinated biphenyls(PCBs) Shift work Possibly carcinogenic to humans(267) Chloroform (Usually based on evidence in humans which Coffee is considered credible but for which other ELF magnetic fields explanations could not be ruled out) Gasoline engine exhaust Lead Pickled vegetables Radiofrequency fields Not classifiable(508) Tea Hair coloring products(personal use of) Polyvinyl chloride Printing inks Saccharin Static electric and magnetic fields Probably not carcinogenic to humans(1) Caprolactam Table 2—Examples of IARC classification of different exposures evaluated for their carcinoge- nicity to humans. To date,267 out of 942 have been classified as being"possibly carcinogenic to human beings,"including extremely low-frequency(ELF)magnetic fields.Source:htto://mono- graphs.iarc.fr/FNG/Classification/ClassificationsGrouoOrder.odf,November 2011. 14 EMF AND YOUR HEALTH Potential Health Effects OTHER HEALTH OUTCOMES In addition to childhood leukemia, many other chronic diseases have been investigated for possible connection to EMF exposure. Results to date have largely ruled out an association of EMF with breast cancer, and CANCER CLUSTERS heart (cardiovascular) disease. Evidence of an association with childhood When several cancers occur brain tumors and adult cancers remains weak. Occupational studies of close in time and space—that is, in a cluster, such as in a men and women who have higher exposures at work than at home also given school—people seek a do not support the link between magnetic fields and cancer, and research reason, and at times EMF has has found no links of EMF with cancer clusters (see sidebars). In addition been thought to be a possible to childhood leukemia, areas still under investigation include neurode- culprit. Most often, upon further generative diseases, such as Alzheimer's, and pregnancy outcomes, such investigation, no actual can- as miscarriage. Each disease or outcome is being evaluated systematically cer cluster is identified.The using a rigorous scientific approach that takes into account the overall perception of a cluster arises partly because people do not weight and quality of evidence. always understand how com- mon cancer is. In industrialized countries, one in 2-3 people will develop some type of cancer during their lifetimes. Cancer clusters can and do occur by chance, but distinguishing a chance occurrence from an occurrence with a common cause is difficult.As a result, cancer cluster investigations are rarely productive, and none have linked a cancer cluster to magnetic field exposure. 15 EMF AND YOUR HEALTH Potential Health Effects International EMF Reviews WHY SCIENTIFIC REVIEW IS IMPORTANT AND HOW IT IS DONE Organizations that evaluate health research are required to review the entire body of scientific evidence.To do so, they form committees of re- spected, and well-published experts who evaluate all relevant studies.This requires committee members to look at different lines of scientific inqui- ry, evaluate the strengths and weaknesses of each, evaluate the scientific relevance of different studies, and the quality of the work. Studies that gather data on long-term human health effects are given more weight by these organizations.Animal studies and mechanistic studies are given less weight, but play an important role as check and balance in the scientific review process. Not surprisingly, given all the complexities, answers are rarely defini- tive. No single study ever proves the existence or absence of an effect, which means that science works by the accumulation and evaluation of evidence.That is why the most useful conclusions on the state of EMF knowledge are provided by these scientific panels, usually chosen to provide a range of independent scientific viewpoints and expertise.They work together to develop a balanced consensus. Several such panels have comprehensively evaluated the EMF research literature and their conclu- sions are cited on the next page. It should be acknowledged that other, less authoritative, organizations have reached conclusions that differ. 16 EMF AND YOUR HEALTH International EMF Reviews National Institute of Environmental Health Sciences (NIEHS) 1999: "The NIEHS believes that the probability that ELF-EMF exposure is truly a health hazard is currently small. The weak epidemiological associations and lack of any laboratory support for these associations provide only marginal scientific support that exposure to this agent is causing any degree of harm." "The National Toxicology Program[in the United States]routinely examines environ- mental exposures to determine the degree to which they constitute a human cancer risk and produces the "Report on Carcinogens" listing agents that are `known human carcinogens'or `reasonably anticipated to be human carcinogens.'It is our opinion that based on evidence to date, ELF-EMF exposure would not be listed in the 'Re- port on Carcinogens"as an agent reasonably anticipated to be a human carcinogen." World Health Organization (WHO) 2007: "On balance, the evidence[of an association between EMF exposure and childhood leukemia]is not strong enough to be considered causal, but sufficiently strong to remain a concern." "The scientific evidence supporting a linkage between ELF magnetic fields and any of these[other]diseases is much weaker than for childhood leukemia and in some cases (for example, for cardiovascular disease or breast cancer) the evidence is suf- ficient to give confidence that magnetic fields do not cause the disease." European Union's Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR ) 2009: "The few, new epidemiological and animal studies that have addressed ELF expo- sure and cancer do not change the previous assessment that ELF magnetic fields are a possible carcinogen and might contribute to an increase in childhood leukemia. At present. in vitro studies did not provide a mechanistic explanation of this epide- miological finding." Health Canada 2010: "There is no conclusive evidence of any harm caused by exposures[to EMF]at levels found in Canadian homes and schools, including those located just outside the boundaries of power line corridors." 1? EMF AND YOUR HEALTH International EMF Reviews Standards and Policies ESTABLISHING EXPOSURE STANDARDS AND GUIDELINES There are two main organizations that set EMF exposure guidelines for the general public: the International Commission on Non-Ionizing Radiation Protection (ICNIRP) and the IEEE, a professional engineering organization formerly known as Institute of Electrical and Electronic En- gineers. ICNIRP and IEEE consider all relevant scientific studies, provide an overall assessment of an adequate level of safe exposure, and then add an additional margin of safety in their standard setting process. In terms of EMF, they found that there is not enough evidence to support guidelines for long-term exposure to low levels of EMF.The guidelines that do exist are based on limiting the acute effects of EMF on the body's nervous system. For magnetic fields, undesirable acute effects, such as nerve stimulation, are created only at field levels much higher than aver- age household exposure. For magnetic fields, the current ICNIRP expo- sure guideline for the general public at power frequencies (50 or 60 Hz) is 2000 mG. In addition, electric fields can produce direct effects on the body, such as small electric discharge or causing hairs to vibrate. Everyone is familiar with the phenomenon of touching a doorknob and feeling a small dis- charge or"microshock." Because it is concentrated on a small area of the skin it can be painful, but it is not usually regarded as harmful.Thresh- olds for these acute effects of electric fields are typically 5-10 kilovolts per meter (kV/m) for direct perception, and a few kV/m for microshocks. Such electric fields are rarely encountered outside of power line corridors. NATIONAL POLICIES AND PRECAUTIONARY LIMITS Health standard setting authorities in the United States and Canada have chosen not to establish national limits on EMF exposure.A few states and a few countries have developed precaution based exposure limits, but many adopt the limits published by ICNIRP or IEEE. Exposures to mag- netic fields from power lines, as well as most other ordinary exposures, are well below the prescribed limits. Some countries, states, and municipalities set limits lower than ICNIRP, 18 EMF AND YOUR HEALTH T Standards and Policies introduce limits based on distance from electric utility facilities, or take precautionary measures that reduce exposure without providing specific guidelines or limits. Regulators in California, for example, initiated a policy for application of low- or no-cost mitigation measures and set cost ELECTROMAGNETIC and performance guidelines. HYPERSENSITIVITY(EHS) Some individuals experience a wide range of nonspecific After its most recent comprehensive evaluation of scientific literature symptoms such as headaches on EMF, the World Health Organization recommended that given the and sleep disturbance that "weakness" of the scientific evidence to date, any expenditures related to can be quite debilitating,which reducing EMF exposures should involve "little or no cost." Using a dif- they ascribe to EMF exposure. ferent kind of design during construction of certain types of transmission Further,some of these individu- lines, for example, can reduce fields by about half at a distance of 100 ft, als believe that they can sense as shown in Figure 7. However, there is no scientific consensus on the the presence of high fields, which trigger their symptoms. application and value of precautionary measures to reduce EMF exposure. The consensus of the scientific community is that while some UNTRANSPOSED TRANSPOSEDso — of these individuals clearly have untrampesed•--transpouc health conditions,their symp- E 60 toms are not related to EMF. This conclusion is based mostly on carefully conducted tests in f the laboratory in which individu- als •, •, m self-identified as EHS can- not reliably detect the presence ° - I~'' __r - -300 200 -100 0 100 200 300 of fields,and their symptoms Disaoo.from center One rf st cannot be attributed to EMF. Several studies have indicated Figure 7—Exposures can be reduced by advanced transmission line design. In this case,expo- sures are reduced as much as half at a distance of 100 feet.Source:National Grid,2010, that the observed effects may be caused by an expectation that something harmful is going to happen. WHAT CAN I DO TO REDUCE MY EXPOSURE? Concerned individuals can reduce their exposure by learning about sourc- es of EMF in their home and environment and by increasing distance to such sources, or by reducing the time of exposure. Such measures might include moving a bedside clock radio across the room, not using a hair dryer, or moving a child's bed away from EMF exposure sources.The reader can refer to the section of this brochure on Exposures and Typical Levels to learn more about typical exposure levels in many environments. 19 EMF AND YOUR HEALTH Standards and Policies ONGOING RESEARCH Much of the research over the years in the United States has been funded by EPRI and various United States government programs.The largest evaluation was undertaken in the early 1990's by the National Institute of Environmental Health (NIEHS) and the Department of Energy(DOE), with input from a wide range of public and private agencies, including EPRI.This evaluation, known as the Electric and Magnetic Fields Re- search and Public Information Dissemination (EMF RAPID) Program, was a six year project with the goal of providing scientific evidence on whether exposure to power-frequency fields involves a potential risk to human health. In 1999, at the conclusion of EMF RAPID, the NIEHS reported to Congress that the overall scientific evidence for human health risk from EMF exposure is weak. While much of the government funding has ended since the conclusion of the EMF RAPID Program, EPRI's EMF program continues to fund high quality independent research that is conducted at leading universi- ties and research institutions. The current EPRI program aims to reduce uncertainty about the ob- served epidemiologic association between residential magnetic fields and childhood leukemia. Other issues addressed by the EPRI program include pregnancy outcomes and neurodegenerative diseases, such as dementia, Alzheimer's, and ALS (Lou Gehrig disease). EPRI will continue to address this important issue through rigorous research and publish results in the peer-reviewed scientific literature. 20 EMF AND YOUR HEALTH Standards and Policies FURTHER READING IARC Working Group on the Evaluation of Carcinogenic Risks to Humans. Non-ionizing radiation, Part 1: Static and extremely low-frequency(ELF) electric and magnetic fields. Lyon, IARC, 2002 (Monographs on the Evalua- tion of Carcinogenic Risks to Humans, 80). ICNIRP—"Guidelines for Limiting Exposure to Time-Varying Electric and Magnetic Fields (1 Hz- 100 kHz)." Health Phys 99(6):818-836; 2010 IEEE Standards Coordinating Committee 28. IEEE standard for safety levels with respect to human exposure to electromagnetic fields, 0-3 kHz. New York, NY, IEEE-The Institute of Electrical and Electronics Engineers, 2002 (IEEE Std C95.6-2002). National Institute of Environmental Health Sciences (NIEHS) (1999). NIEHS Report on Health Effects from Exposure to Power-Line Frequency Electric and Magnetic Fields. NIH Publication No. 99-4493. Research Triangle Park, NC, USA: National Institute of Environmental Health Sciences, National Insti- tutes of Health. National Institute of Environmental Health Sciences (NIEHS)/DOE EMF Rapid Program (2002). "Electric and Magnetic Fields Associated with the Use of Electric Power: Questions and Answers." Research Triangle Park, NC, USA. WHO-World Health Organization. Extremely low frequency fields. Environ- mental Health Criteria, Vol. 238. Geneva, World Health Organization, 2007. 21 EMF AND YOUR HEALTH USEFUL WEB LINKS IEEE Committee on Man and Radiation web page http://ewh.ieee.org/soc/embs/comar/ International Commission on Non-Ionizing Radiation Protection http://www.icnirp.de/documents/FactSheetLF.pdf National Cancer Institute Factsheet Magnetic Field Exposure and Cancer: Questions and Answers http://www.cancer.gov/cancertopics/factsheet/Risk/magnetic-fields NIEHS/DOE EMF RAPID Program June 2002, Electric and Magnetic Fields Associated with the Use of Electric Power, Questions and Answers http://www.niehs.nih.gov//health/topics/agents/emf/index.cfm World Health Organization web page on Electromagnetic Fields http://www.who.int/peh-emf/en/ http://www.who.int/mediacentre/factsheets/fs322/en/index.htrril World Health Organization Database of Worldwide EMF Standards http://www.who.int/docstore/peh-emf/EMFStandards/who-0102/Worldmap5. htmr 22 The Electric Power Research Institute, Inc. (EPRI, www.epri.com) con- ducts research and development relating to the generation, delivery and use of electricity for the benefit of the public.An independent, nonprofit organization, EPRI brings together its scientists and engineers as well as experts from academia and industry to help address challenges in elec- tricity, including reliability, efficiency, health, safety and the environment. EPRI also provides technology, policy and economic analyses to drive long-range research and development planning, and supports research in emerging technologies. EPRI's members represent more than 90 percent of the electricity generated and delivered in the United States, and international participation extends to 40 countries. EPRI's principal offices and laboratories are located in Palo Alto, Calif.; Charlotte, N.C.; Knoxville,Tenn.; and Lenox, Mass. 1023105©2012 Electric Power Research Institute(EPRI), Inc.All rights re- served. Electric Power Research Institute, EPRI, and TOGETHER...SHAPING THE FUTURE OF ELECTRICITY are registered service marks of the Electric Power Research Institute. Electric Power Research Institute 3420 Hillview Avenue, Palo Alto, California 94304-1338• PO Box 10412, Palo Alto, California 94303-0813•USA 800.313.3774•650.855.2121 •askepri@epri.com •www.epri.com