Santa Rosa Council Policy 300-04

AMENDMENT TO COUNCIL POLICY 300-04

Watch the 2/14/17 Santa Rosa City Council Meeting video

View from 1:47:30 to 2:20:00.

  • PDF of Resolution RES-2017-022 can be read/downloaded here
  • PDF of Council Policy 300-04 can be read/downloaded here
  • Verizon said that it expected Verizon Wireless have one or more antennas on 75 City of Santa Rosa light poles by 2020
  • With Verizon phase 1 comprised of one or more antennas on 72 poles: 42 PG&E Utility poles and 30 City of Santa Rosa light poles . . .
  • This projects to a total of one or more antennas on 180 poles: 105 PG&E Utility poles and 75 City of Santa Rosa light poles for Verizon by 2020
  • If AT&T, T-Mobile and Sprint follow suit, that’s 720 additional cell towers in Santa Rosa by 2020

2/14/17 City Council Minutes

14. REPORT ITEMS

14.1 REPORT – AMENDMENT TO COUNCIL POLICY 300-04 – DEVELOPMENT OF TELECOMMUNICATION FACILITIES ON CITY PROPERTY AND INSTALLATION OF ANTENNAS ON CITY FACILITIES

BACKGROUND: Over the past year, the City has been contacted by a handful of wireless communications service providers expressing strong interest in accessing and using City-controlled spaces on utility poles and streetlight poles for the purpose of installing wireless antennas and related infrastructure. Wireless communications companies are experiencing increasing demand for fourth generation (“4G”) wireless communications services and are expanding their wireless antenna networks to improve both broadband facilities’ capacity and coverage in Santa Rosa. The City has been supportive of the placement of advanced wireless communications facilities in Santa Rosa since Congress enacted the Telecommunications Act of 1996 (the “1996 Act”). In July 2000, the Council adopted Policy 300-04 (“Development of telecommunications Facilities on City Property and Installation of antennas on City Facilities”), which set forth a process and parameters for allowing wireless services to access City properties.

RECOMMENDATION: It is recommended by the Information Technology and Transportation and Public Works Departments that the Council, by resolution, amend Council Policy 300-04, “Development of Telecommunication Facilities on City Property and Installation of Antennas on City Facilities” and exclude telecommunications encroachments from other continuing encroachments addressed pursuant to Council Resolution No. 26620.

Presented by Eric McHenry, Director and Chief Information Officer.

A motion was made by Council Member Rogers, seconded by Council Member Sawyer, to waive reading of the text and adopt:

RESOLUTION NO. RES-2017-022 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING COUNCIL POLICY 300-04 – DEVELOPMENT OF TELECOMMUNICATION FACILITIES ON CITY PROPERTY AND INSTALLATION OF ANTENNAS ON CITY FACILITIES AND EXCLUDING TELECOMMUNICATIONS ENCROACHMENTS FROM OTHER CONTINUING ENCROACHMENTS ADDRESSED PURSUANT TO COUNCIL RESOLUTION NO. 26620

The motion carried by the following vote: Yes 7.

  1. Yes: Mayor Coursey
  2. Yes: Vice Mayor Tibbetts
  3. Yes: Council Member Combs,
  4. Yes: Council Member Olivares
  5. Yes: Council Member Rogers
  6. Yes: Council Member Sawyer
  7. Yes: Council Member Schwedhelm

This is what Actually Got Voted Through

RESOLUTION NO. RES-2017-022

RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING COUNCIL POLICY 300-04 – DEVELOPMENT OF TELECOMMUNICATION FACILITIES ON CITY PROPERTY AND INSTALLATION OF ANTENNAS ON CITY FACILITIES AND EXCLUDING TELECOMMUNICATIONS ENCROACHMENTS FROM OTHER CONTINUING
ENCROACHMENTS ADDRESSED PURSUANT TO COUNCIL RESOLUTION NO. 26620

      WHEREAS, it is in the City’s interest to allow and encourage installation of up-to-date wireless and wired communications infrastructure to serve its citizens; and

      WHEREAS, the City Council has adopted Council Policy 300-04, DEVELOPMENT OF TELECOMMUNICATION FACILITIES ON CITY PROPERTY AND INSTALLATION OF ANTENNAS ON CITY FACILITIES, for the purpose of setting forth procedures by which requests for the development and siting of telecommunications facilities on City property are processed and may be ultimately approved by the City; and

      WHEREAS, City Code Chapter 13-04, STREET ENCROACHMENTS, and Council Resolution No. 26620, set forth requirements and certain fees associated with encroachments within the City’s right of way that are intended to continue for more than one year, including the requirement that the holder of such an encroachment permit enter into a revocable license agreement; and

      WHEREAS, the requirements and fees set forth in Council Resolution No. 26620 are not specifically tailored to telecommunication facilities and are distinguishable from other types of long term encroachments due to (1) their visibility and number, (2) their likelihood to be collocated on City street light poles and traffic signal lights, (3) the interest of the telecommunications industry for an irrevocable long term master license agreement from the City, and (4) the City’s interest that all telecommunications facilities are pursued and processed consistent with Council Policy 300-04; and

      WHEREAS, notwithstanding Council Resolution No. 26620, in those cases where a continuing telecommunications infrastructure right of way encroachment is required, it is desirable to negotiate a long term non-exclusive master license agreement with the permit holder that will ease the process of having multiple sites within the City’s right of way, protect the City’s legal interests and provide greater certainty to the permit holder, and therefore these types of continuing encroachments should be excluded from the requirements of Council Resolution No. 26620, and instead be processed consistent with Council Policy 300-04; and

      WHEREAS, it is advisable to amend the existing Council Policy 300-04 to clarify certain separate requirements for telecommunications facilities that will be collocated on existing City facilities within the City right of way; and

      WHEREAS, review of applications and negotiation of appropriate master license agreements pursuant to Council Policy 300-04 requires staff time for which there is an existing application fee of $2,000.

      NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Santa Rosa hereby amends City Council Policy 300-04 and adopts the amended form of the policy attached hereto at Exhibit A.

      BE IT FURTHER RESOLVED that Exhibit A is made part of this Resolution.

      BE IT FURTHER RESOLVED, that the Council hereby excludes continuing telecommunications encroachments from the requirements of Council Resolution No. 26620 in favor of compliance with the provisions of Council Policy 300-04, as amended.

IN COUNCIL DULY PASSED this 14th day of February, 2017.
AYES: (7) Mayor Coursey, Vice Mayor Tibbetts, Council Members Combs, Olivares, Rogers, Sawyer, Schwedhelm

Exhibit A – Amended City Council Policy No. 300-04

Exhibit A: Council Policy 300-04, Effective 2/14/17

(Comment: Notice the contradictions between the language in this Exhibit and the City Code Chapter 20-44 Telecommunication Facilities)

Subject: DEVELOPMENT OF TELECOMMUNICATION FACILITIES ON CITY PROPERTY AND INSTALLATION OF ANTENNAS ON CITY FACILITIES.

BACKGROUND: The City has received requests from public agencies and private companies to develop telecommunications facilities on City property and to install antennas on said property for wireless personal communications and other services. The Telecommunications Act of 1996 addresses the proliferation of personal wireless services in the Unites States, and contains important provisions concerning the placement of towers and other facilities for use in providing these services. Section 704 of the Act governs federal, state, and local government oversight of siting of personal wireless services facilities, and supports the use of publicly owned land and facilities for locating towers and antennas.

PURPOSE: The purpose of this policy is to establish procedures by which requests from public agencies and private entities to develop telecommunications facilities on City property, and to install antennas on City facilities, will be considered, provide guidance to City staff, and to describe the application process.

DEFINITIONS:
Telecommunication Facility: A stationary exterior facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and any other type of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures supporting said equipment; equipment buildings; parking areas; and other accessory development.

Antenna: Any system of wires, poles, rods, reflecting discs, or similar devices used for transmission or reception of electromagnetic waves when such system is either external or attached to the exterior of a structure. Antennas shall include, but are not limited to, devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be part of the antenna.

City facility: Any building, tower, water reservoir, treatment plant, pump or lift station, street light or traffic signal standard, sports field light, infrastructure, or other real property owned by the City of Santa Rosa or any of its Enterprise Funds.

Note: Other related definitions or requirements may be found in City Code Chapter 20-44 TELECOMMUNICATION FACILITIES and City Code Chapter 13-04 STREET ENCROACHMENTS

POLICY: Council acknowledges the proliferation of wireless and other telecommunication services and the facilities and antenna, as well as the utility infrastructure, required for their functioning, and supports the Telecommunications Act of 1996. The citizens of Santa Rosa may be best served by a policy that considers the development of telecommunications facilities on City owned or leased property, and the installation of antennas on said property.

This policy stresses public safety, facility compatibility and function, and community aesthetics, allows application from any public agency or private entity, and intends to both cover City expenses and maximize revenue generated from licenses associated with developments on City property. Council also desires to manage City properties and facilities with potential for telecommunication developments and antennas installations, including co-location of multiple antennas on single facilities, to maximize the benefits to the citizens of Santa Rosa.

In addition, no installation will be permitted upon a City structure when to do so would interfere with routine or emergency maintenance and/or create facility access issues for the City. It is emphasized the primary purpose or function for which a property or facility was intended, to include future and presently unknown City uses, and the structural integrity or security, shall in no way be compromised as a result of any telecommunications development or antenna installation. The City’s land use zoning, building permit, encroachment permit and design review policies, as applicable, shall also be fully complied with.

PROCEDURE: The following procedures shall be followed when a public agency or private entity (Applicant) is interested in developing a telecommunication facility on City property or installing an antenna on a City facility:

1) Applicant shall review City Code Chapter 20-44 Telecommunication Facilities to be fully informed about the standards, requirements and regulations for telecommunication facilities in the City of Santa Rosa.

2) Applicant shall contact the City Manager or his designated representative, who will coordinate with the department responsible for the property or facility, as determined by the City Manager, to determine if there is sufficient interest in pursuing the request based upon the criteria set forth in this policy.

3) Should the City Manager or designee determine there is interest in pursuing the request, the Applicant shall be asked to submit a written Conceptual Proposal (See Exhibit A) to the City for consideration. Review of the Conceptual Proposal by the City is still at a very preliminary level and is meant to identify any prohibitions contained in the zoning code, compatibility with life and safety codes, potentially costly improvements or accommodations associated with the request, compatibility with City facilities and existing uses or major community aesthetic issues that could warrant significant public or environmental review. This information will be shared with the Applicant.

4) Should the City Manager or designee determine the development or installation is potentially feasible after the preliminary Conceptual Review, the Applicant shall be asked to submit an Application (see Exhibit B) with a non-refundable fee of $2,000 to the City. This fee is to cover costs associated with the preliminary analysis and administrative processing associated with project consideration on City property, site inspections, possible license negotiations, preparations, and credit check, and is in addition to any other applicable permit fees that may apply. This fee may be reduced or waived for public agencies at the discretion of the City Manager.

5) After consideration of the Application, the City Manager or designee will render a determination as to the project’s feasibility for moving into the applicable City permit review process, and notify the Applicant.

5) For telecommunications projects to be located within the City right of way, such as on street lights, traffic lights or other City right of way facilities, Applicant shall obtain an encroachment permit pursuant to City Code Chapter 13-04. The City may enter into a master license agreement which will allow subsequent site licenses to be approved pursuant to said master license agreement. For telecommunications projects to be located on City property other than City right of way, Applicant shall obtain a building permit and any other City approvals required pursuant to City Code Chapter 20-44. For such projects, the City may enter into a site license agreement for each new location. Any license for telecommunications facilities shall be in a form approved by the City Attorney’s Office and shall not be final until such time as Applicant has obtained all necessary City permits for any such project. The City Manager, or designee, shall have the authority to execute site license agreements that comply with this Policy, City Code and any other applicable requirements adopted by Council.

6) Once Applicant has obtained all necessary permits and has entered into a license agreement with the City for such site, Applicant may then begin the development or installation process.

  • Amended by Resolution No. RES-2017-022 Dated: February 14, 2017
  • Amended by Resolution No. 27830 Dated: February 15, 2011
  • Adopted by Resolution No. 24490 Dated: July 11, 2000

Exhibit A.A — Conceptual Proposal Checklist

The Conceptual Proposal shall contain the following information (3 copies):

  1. Site address and square footage required or space required.
  2. Reason for project, scope of services that will be provided, (eg. local area cellular telephone services), and names of all represented clients.
  3. Detailed project description, as applicable, a plan showing the

    • type and size of antenna or tower to be installed,
    • equipment shelter or cabinets,
    • power requirements,
    • frequency or frequency ranges,
    • transmitter output power,
    • antenna gain, and effective radiated power.
    • The plan should show the location of all the Applicant’s needs and planned installation or construction in relation to any and all existing facilities at the site. Photos or renderings may also be submitted for clarification.
  4. Interference analysis if there is existing communication equipment on site.
  5. Access requirements
  6. Testing requirements, if desired.
  7. Name, address, and telephone number of contact individual.

Note: Applicants will provide their own dedicated power sources, telephone lines, and site access whenever possible. The integrity and present or future function of any existing facility, antenna, or system must be protected, and access road use must not be adversely affected. Work within the City’s rights of way will require an encroachment permit.

Exhibit A.B — Application Checklist

The application shall contain the following information (3 copies):

  1. The Conceptual Proposal and
  2. Descriptions and/or alternative solutions to mitigate real estate, telecommunications, or any other issues identified as a result of the Conceptual Proposal.
  3. Desired license term, including any options to extend.
  4. Date project would be installed or constructed if approved, proposed construction schedule, and estimated time for completion.
  5. A non-refundable Application fee.
  6. For major telecommunications projects – a site plan showing all dimensions, proposed elevations and landscaping and for telecommunications projects to be located within the City right of way – a design plan, as determined to be appropriate based on actual location and size of the proposed project.
  7. Engineering calculations, if requested by the City, and prepared by an engineer approved by the City.
  8. A detailed description of the operating maintenance schedule.
  9. Approximate cost of project, including construction, permanent improvements to site, removable improvements, and required upgrades.
  10. A rendering or visualization photo of the entire proposed telecommunication facility, or existing facility with proposed antenna.