HomeMy WebLinkAbout02/04/2003, BUS 4 - TELECOMMUNICATIONS FACILITY LEASE AT SANTA ROSA PARK council °�
Febniary 4,2003
acen6A nepont
CITY O F SAN LUIS O B I S P O
FROM: Paul LeSage,Parks and Recreation Director
SUBJECT: TELECOMMUNICATIONS FACILITY LEASE AT SANTA ROSA PARK
CAO RECOMMENDATION
As recommended by the Parks and Recreation Commission, the Architectural Review Commission,
and the Planning Commission, approve a .lease agreement with Cingular Wireless for a
telecommunications facility at Santa Rosa Park,which includes the plans and specifications for park
improvements (to be completed for a guaranteed maximum price of $227,083 by Cingular
Wireless.)
DISCUSSION
Overview
On April 16, 2002, the City entered into a Memorandum of Understanding (MOU) with Cingular
Wireless to lease a portion of Santa Rosa Park for a telecommunications facility. The MOU stated
that if Cingular Wireless received discretionary planning approvals for the project, the City would
enter into a lease agreement (Attachment 1) for the use of a portion of the Santa Rosa Park that
includes the following key terms:
1. Annual Rent. The starting rent will be $20,000.00 annually per tenant, payable annually
in advance. This will increase annually by 3% or the increase in the consumer price
index,which ever is greater.
2. Subtenants. Subtenants are allowed in this lease agreement. Subtenants are subject to
the same terms and conditions as the primary tenant (Cingular Wireless), including rent.
Cingular Wireless has confirmed that Verizon will be a subtenant. This means the
effective initial lease revenue from this site will be $40,000 per year.
3. Term. The initial term will be five years, which may be extended for three additional
five-year terms at Cingular Wireless's option. In essence, this is a 20-year agreement,
unless Cingular Wireless decides to end it.sooner after the first five years.
4. City Park Improvements. Cingular Wireless will also be responsible for designing and
installing City improvements at Santa Rosa Park. The cost of these improvements will be
credited against annual rental payment by Cingular Wireless and the subtenant.
r
Council Agenda Report—Tefe`communications Facility Lease at Santa Rosa_ Park
Page 2
Project Park Improvements
As noted in Exhibit B of the Lease Agreement (Attachment 1), the park improvements are as
follows.
1. Remove a portion of the central parking lot and reconfigure the layout of the remaining
parking lot resulting in no net loss of parking spaces.
2. Install turf and irrigation systems where the asphalt was removed.
3. Relocate the right field fence from the east to the west of newly turfed area.
4. Replace and relocate the right field light pole to the west side of the newly turfed area
with two light poles. (These will also serve as cellular antennas.)
5. Construct two buildings located on the east side of the basketball court for
communications equipment and storage for the skate and blading program. (This will
also include radio system improvements for the Fire Department as described in the
Agreement.)
6. Upgrade the lighting on the multi-use court and skate area..
Council action in approving the Lease Agreement also approves the Plans and Specifications
(Exhibit B) subject to any minor modifications made in plan check prior to the issuance of a
building permit. Cingular Wireless will issue the construction contract. The project is best
described on pages 4-6 of Exhibit B to Attachment 1. Specifically, page B-4 shows the detail of
the two site buildings, page B-5 shows an overview of the site and the work to be completed and
finally; page B-6 shows the two light poles/wireless antennas, and the east elevation of the
buildings.
As noted in Attachment 2, the estimated cost for the project —park improvements and wireless
equipmcnt/facilities is $623,905. Of that amount, $227,083 is the cost to install the City
improvements. That figure has been reviewed and confirmed by the Engineering Division.
Commission Approvals
Architectural Review Commission
The Architectural Review Commission (ARC) reviewed the project at their September 3,
(Attachments 3A and B) and October 7, 2002 (Attachments 3C and D) meetings and approved
the project with conditions as found in the ARC approval minutes. Specifically, the Commission
approved the light pole, with lights on top, and exposed antennas below. The ARC expressed
concern over the improved ball field lighting,wanting to be sure the new lights would not further
impact the neighborhood with respect to the light spill and glare. The lighting analysis was
included as part of the Mitigated Negative Declaration, and showed no increased impact related
to the light spill and glare.
C:OaffiKise Wganda Prop Fila1CAR-G'ngularLe Mgroe-02.04.03.doc
r
Council Agenda Report—Telecommunications Facility Lease at Santa Rosa Park
Page 3
Planning Commission
The Planning Commission reviewed this project on October 23, 2002 (Attachments 4A and B).
The Commission adopted a Mitigated Negative Declaration and approved the Use Permit with
the following findings,mitigations, and conditions:
1. The project complies with the site development and performance standards of the City's
wireless telecommunications facilities ordinance.
2. The proposal could be established and maintained without jeopardy to persons or
property within or adjacent to the project site and without damage to the resources of the
site and its surroundings subject to the conditions of the Architectural Review
Commission in that the proposed antennas can be considered camouflaged, as the casual
observer would not usually suspect a ball field light to be a cell tower. In addition, the
telecommunications site will comply with FCC regulations regarding radio frequency
transmission and potential light impacts to the neighborhood would not be in excess of
existing condition.
3. Although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because mitigation measures have been added
and agreed to by the project proponent.
Mitigation Measures
Aesthetics
1. Screen outdoor mechanical equipment from on-site and off-site views to the satisfaction
of the Architectural Review Commission.
2. The new ball field lights shall be directed downward as indicated in the project plans to
minimize light and glare into the adjacent neighborhood. Lighting of the skate park and
roller rink shall have maximum illumination levels of 30-foot candles within those
respective activity areas. Park policy shall be that lights are off at 10:00 pm.
Conditions
Construction/installation shall be subject to review and approval of a building permit application
prior to the start of construction. Any change to approved design or other conditions of approval,
including conditions associated with ARC 11-02, must be approved by the Director of
Community Development or the Architectural Review Commission, as deemed appropriate.
CONCURRENCES
In addition to the previously noted approvals by the Architectural Review Commission, and the
Planning Commission, the Parks and Recreation Commission reviewed this project on December
5, 2001 (Attachment 5). The Commission endorsed this project.
FISCAL IMPACT
The revenue from this lease agreement is $40,000 per year, with an annual increase of 3% a year
or changes in the Consumer Price Index, whichever is greater.
G:ISta.MKuaL4grnda Pnp Pi/aIC1R--Cb;gulurL=rAg=-0:.04.01 dk
I _
I
Council Agenda Report—Telecommunications Facility Lease at Santa Rosa Park
Page 4
The underlying "business terms" of the lease agreement are not affected by Cingular Wireless
making these improvements. Instead of making agreed-upon annual rent payments in the first
years of the lease agreement, the value of the site improvements will be prorated as"in lieu"rent
payments.
As shown in the sidebar, the City's Park ANUMI ME Papvrts:
Improvements are valued at $227,083. FffA&N=Yem Ran
For the first five years, no "cash" lease �2 at1 al,zoo
payments will be due assuming a Year3 41,436 42,436
minimum increase in annual rent of 3% Year4 43,709 43,709
per year. In "Year Six", some of the Years 45,020 45,020
lease payment will be due in cash, Y=6 46,371 14,718 31,653
followed thereafter by "normal' annual Year? 47,762 47,762
rental payments for the balance of the TotA Th=di yeaT7 ,
lease term. (For example, $47,762 in
"Year Seven," reflecting the first year's
rent of$40,000 adjusted for the minimum 3% annual rent increase.)
Guaranteed Maximum Price Construction Contract
As set forth in the MOU, a pre-condition to executing the lease agreement is a guaranteed
maximum price construction contract acceptable to the City for the scope of these improvements,
phasing, completion date and cost. As noted earlier, this is included as Attachment 2.
ALTERNATIVES
1. Do Not Approve the Lease Agreement. This would result in less revenue to the City—
and a slower start on an already-approved park improvement project — than is otherwise
possible, without any significant impacts on the community. It would also be
inconsistent with the Council's direction on April 16, 2002.
2. Amend the Provisions of the Lease Agreement. In this case, the Council would need
to identify the specific changes it wants. However, the proposed lease agreement is
consistent with the general terms and conditions conceptually approved by the Council in
April, 2002.
ATTACHMENTS
1. Lease Agreement
Exhibit A—Legal Description of Property
Exhibit B—Description of the Project
Exhibit C—Memorandum of Lease
Exhibit D—Sample Schedule of Lease Payments
2. Estimated Cost of Project
3. Architectural Review Approvals
G.-Qgf Xi=Ug=da Prep PilaIGR-OnVdasLe=Mgm-020l.03.doc
Council Agenda Report—Telecommunications Facility Lease at Santa Rosa Park
Page 5
A. September 3,2002—ARC Staff Report
B. September 3 2002—Draft Minutes
C. October 7, 2002—ARC Staff Report
D. October 7, 2002—ARC Minutes
4. Planning Commission Approvals
A. October 23, 2002—Planning Commission Staff Report
B. October 23, 2002—Planning Commission Minutes
5. Parks and Recreation Commission Minutes of December 5, 2001
ON FILE IN THE COUNCIL OFFICE
• April 16, 2002 Council Agenda Report regarding a Telecommunications Facility Lease at
Santa Rosa Park.
GISrq Xsffugmdarpedaicna-clagalarLemMVw-0>.0(.03.dou
AffACHMENII
TELECOMMUNICATIONS FACILITY LEASE AT SANTA ROSA PARK
This Lease is made and entered into this_day of ,2003,by and between the
CITY OF SAN LUIS OBISPO, a municipal corporation and charter city (hereinafter referred to as
"Lessor"), and CINGULAR WIRELESS LLC, a Delaware limited liability company, on behalf of
PACIFIC BELL WIRELESS, LLC, a Nevada limited liability company d/b/a CINGULAR WIRELESS
(hereinafter referred to as"Lessee'.
RECITALS
This Lease is made and entered into with respect to the following facts:
A. Lessor is the owner of the property described in Exhibit A, located at 190 Santa.Rosa
Street, San Luis Obispo,California,commonly known as Santa Rosa Park.
B. Lessee has requested permission to construct a wireless communications facility to be
located at Santa Rosa Park and Lessee is willing to construct and dedicate certain public improvements to
Lessor. Lessor is willing to lease a portion of Santa Rosa Park to Lessee upon the terms and conditions
hereinafter set forth.
C. Lessee wan-ants that the facility will not interfere with the Department of Parks and
Recreation's operations or the public's use of the park.
D. This Lease is conditioned upon Lessee obtaining all governmental permits and approvals
enabling Lessee to construct and operate wireless communications facilities on the Premises, as defined
below.
E. Lessor and Lessee have heretofore entered into a Memorandum of Understanding dated
April 16,2002 concerning Santa Rosa Park.
NOW THEREFORE,the parties hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land located in the City of San Luis Obispo,
County of San Luis Obispo, State of California, located at 190 Santa Rosa Street, San Luis Obispo,
California, 93401, commonly known as Santa Rosa Park. The land is more particularly described in
Exhibit A, attached hereto. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease
Telecommunications Facility Lease at Santa.Rosa Park Page I of 27
7ACHMENT 1
from Lessor approximately one thousand two hundred (1,200) square feet of the land and all access and
utility easements described in Exhibit B attached hereto, and by this reference made a .part hereof
(hereinafter referred to as the "Premises"). This Lease is subject to the terms, covenants and conditions
hereinafter set forth and Lessee covenants, as a material part of the consideration for this Lease, to keep
and perform each and every term,covenant and condition of said Lease.
During the term of this Lease, Lessor also grants to Lessee an irrevocable,nonexclusive right of
ingress and egress, seven days a week,twenty-four(24)hours a day,and the right to install and maintain
underground utility wires and cables and conduits and pipes (1)from the Premises to the nearest public
right-of-way,and(2)from the radio equipment to the antennas.
2. Improvements.
A. Lessee shall design and perform, construct or erect or cause to be constructed or
erected at its sole cost the following improvements as shown on Exhibit `B" (hereinafter "Park
Improvements"):
1) Remove a portion of the central parking lot and reconfigure the layout of
the remaining parking lot to result in no net loss of parking spaces.
2) Install turf and irrigation systems where the asphalt was removed.
3) Relocate the softball field right field fence from the east to the west of
the newly turfed area.
4) Replace and relocate the right field light pole to the west side of the
newly turfed area with two light poles that also serve as cellular antennas.
5) Construct a building for cellular equipment on the north side of the
softball field.
6) Construct a building located on the east side of the basketball court for
communications equipment and storage for the skate and blading program ("radio/utility building'),
including the following for the Lessee's Fire Department: a) fiber and phone service access in two
dedicated conduits(2 inch) from Santa Rosa to the radio/utility building; b)space and installation for a
Telecommunications Facility Lease at Santa Rosa Park Page 2 of 27
MACHMENT 1
two floor-to-ceiling "standard racks" (each one being 19 inches wide by 84 inches tall); c)area
separation, for security purposes only, for the two racks mentioned above(chain link fence with a locking
gate is suggested); d)one 20 amp electrical service,backed-up for by emergency generator to the secure
area(this may be a shared system); e)climate control for the secured area; f)access to the secure area 24-
hours a day,365 days a year, g)space for 6 antenna on the light pole site,with appropriate conduit runs to
the radio/utility building; h)assurance that only FCC licensed radio systems are to be installed in the
radio/utility building.
7) Upgrade the lighting on the multi-use court and skate area.
8) Make other minor improvements as necessary to complete the Park
Improvements project.
Lessee shall also erect on the Premises communications facilities,which include,
but are not limited to, equipment shelters, radio frequency transmitting and receiving equipment,
batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas, and
supporting structures and improvements (hereinafter"Lessee's Facilities")as shown on Exhibit"B". The
plans for the Park Improvements and Lessee's Facilities (landscaping, irrigation, fencing, building,
concrete, and all related improvements)as shown on Exhibit`B"shall have the prior written approval of
Lessor in its municipal capacity (not in its capacity as landlord). Lessee shall dedicate the Park
Improvements to Lessor upon completion thereof..
B. The Park Improvements shall be performed by Lessee under the authority,
direction, supervision and approval of Lessor. Lessee shall submit construction plans to the City's
Director of Parks and Recreation for approval prior to submitting the application and plans to the
Community Development Department for building permit processing and approval.
C. Lessee acknowledges and understands that the improvement is a public
construction project subject to the competitive bidding requirement contained in California Public
Contracts Code Section 20162 and the prevailing wage requirement contained in California Labor Code
Section 1771.
Telecommunications Facility Lease at Santa Rosa Park Page 3 of 27
MOMENT I
D. Lessee shall provide a Performance Bond to Lessor to guarantee completion of
the Park Improvements in the amount of($227,083). Bond shall be provided prior to the issuing of the
building permit.
3. Term. The initial tern of this Lease shall be for five (5) years ("Initial Term")
commencing with the issuance of a City building permit to construct the Lessee's Facilities and Park
Improvements, or February 4, 2003, whichever is earlier ("Commencement Date'). This Lease shall
automatically be renewed on the same terms and conditions, for three (3) additional terms (each a
"Renewal Term") of five (5) years each, unless Lessee notifies Lessor of its intention not to renew, at
least sixty(60)days prior to the expiration of the Initial Term or any Renewal Term.
4. Rent. Rent shall be paid annually in advance as follows:
A. Lessee shall pay to Lessor as annual rent on or before the Commencement Date
of the Lease the sum of Twenty Thousand Dollars ($20,000.00) per sublease ("Annual Rent") without
deduction, setoff,notice or demand,provided,however,that.Lessor shall waive the Annual Rent and any
Additional Annual Rent (as defined in Section 22.E.) in consideration for the Park Improvements
constructed by Lessee at its, and its sublease tenant's sole cost. Lessor's waiver of Lessee's obligation to
make Annual Rent and any Additional Annual Rent payments shall commence on the Commencement
Date and shall continue until the total cost of the Park Improvements has been credited against such Rent
payments.
B. Annually thereafter,Lessee shall pay to Lessor as Annual.Rent for that lease year
without deduction, setoff, notice, or demand the previous year's Annual Rent multiplied by the CPI
Adjuster,or multiplied by three percent(3%),whichever is greater.
C. The CPI Adjuster means a percent, which is calculated by dividing the United
States Consumer Price Index (All Urban Consumers)published by the Bureau of Labor Statistics of the
U.S. Department of Labor three (3) months prior to the adjustment date by the base Index number
published three(3)months prior to the Commencement-Date, or previous adjustment date, as applicable.
If the Index is changed so that the base Index number differs from that in effect when the first extended
Telecommunications Facility Lease at Santa Rosa Park Page 4 of 27
term commenced, the Index shall be converted in accordance with the conversion factor published by the
Bureau of Labor Statistics. If the Index is discontinued or revised during an extended term,-such other
government index or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the Index had not been discontinued or revised.
D. If Lessee fails to pay the Annual Rent within thirty (30) days after such rent is
due, Lessee shall pay a late fee of one and one half percent(1.5%)per month. This late charge does not
establish a grace period. Lessor and Lessee agree that the charge is presumed to be the damages sustained
by Lessor for Lessee's late payment of rent and that it is impracticable or difficult to fix the actual
damages.
E. Provided in Exhibit D is a sample schedule of lease payments to the City,
assuming the value of improvements set forth in Section 2(D) of$227,083. Minimum lease payments
increase 3%asset forth in Section 4(B)and are scheduled for the full twenty(20)year term.
5. Use.
A. Lessee shall use the Premises for the sole purpose of constructing, maintaining,
securing and operating wireless communications facilities (including but not limited to cellular, PCS,
paging, and broad band) including the construction of equipment buildings and installation of required
antennas and related communications equipment upon the new sports lighting poles all as listed,depicted,
and described in the"Lessee's Facilities"which is attached hereto as Exhibit"B"and hereby incorporated
by reference. Any other use of the Premises or use of equipment not described in Exhibit "B," is not
authorized and shall constitute a breach of this Lease:
B. Lessee must obtain all discretionary permits and approvals required by Lessor in
its municipal capacity. Installation of a new wireless telecommunication or modification of an existing
installation shall require use permit approval and architectural review. The applicant shall submit
application materials and fees as required by the Community Development Department. Wireless
communications facilities shall not be constructed,installed or modified prior to obtaining a City building
permit. It shall be the responsibility of the owner/operator of a telecommunications facility to provide the
Telecommunications Facility Lease at Santa Rosa Park Page 5 of 27
MACHMENT I
City with a notice of intent to modify site equipment in any way. Lessor shall reasonably cooperate(at no
expense to Lessor) with Lessee in connection with Lessee's efforts to obtain all such permits and
approvals; provided, however, Lessor shall not be obligated to apply for any permits or approvals with
Lessee. Construction of Lessee's Facilities and the Park.Improvements shall be at Lessee's sole expense.
Further, Lessee shall maintain the Lessee's Facilities free from hazards or risk to the public health,safety
and welfare.
C. At all times throughout the term of this Lease, Lessee's use of the Premises shall
be in conformance with,and subject to all conditions of,any and all discretionary permits in effect.
D. Lessor agrees that Lessee's ability to use the Premises is dependent upon
Lessee's obtaining all necessary certificates,.permits and/or other approvals which may be required from
Lessor in its municipal or regulatory capacity and from any federal, state or other local authority. Lessor
agrees to cooperate with Lessee as to Lessee's obtaining such certificates,permits or other approvals. In
the event Lessee is unable to obtain any necessary certificate,permit or other approval in order to operate
or construct the Park Improvements or Lessee's Facilities, Lessee may terminate this Lease as provided
herein,upon thirty(30)days prior written notice.
6. Interference.
A. Lessee warrants that its construction, repair and operation of Lessee's Facilities
will not interfere with Lessor's fire, police, public works and other public safety or city department
communication broadcasts or frequencies. All operations by Lessee shall be in compliance with all
Federal Communications Commission requirements and all applicable laws.
B. If Lessor suspects or has reason to believe that Lessee's use of the Premises
creates radio or television interference for nearby residents or interference with Lessor's communication
systems, and if Lessee (i)does not proceed diligently to eliminate such interference, or (ii)provide
evidence that Lessee and the sublease tenant are not the source of such interference, within ten (10)
business days after notice-from Lessor to do so, Lessor may immediately terminate this Lease by giving
notice to Lessee.
Telecommunications Facility Lease at Santa Rosa Park Page 6 of 27
- ATTACHMENT 1
C. Lessee shall provide Lessor with a contact person who shall be available twenty-
four (24) hours a day to receive reports of any interference with Lessor's frequencies. In the event that
there is interference with Lessor's public safety frequencies, Lessee shall immediately cease the
operations creating the interference when directed to do so by the City's Fire Chief and/or Police Chief
until such time that the interference can be eliminated to the satisfaction of the City's Fire Chief and/or
Police Chief. Lessee's failure to immediately cease such operations shall be considered a material breach
of this Lease notwithstanding Paragraph 63. above.
7. Radio Frequency Emission Exposure.
A. No wireless telecommunication facility shall be sited or operated in such a
manner that it violates any condition of its Federal Communication Commission's (FCC) permit or
license. To that end no facility or combination of facilities shall produce at any time power densities in
any inhabited area that exceed the FCC's Maximum Permissible Exposure (NTE) limits for electric and
magnetic field strength and power density for transmitters or any more restrictive legally enforceable and
applicable standard subsequently adopted or promulgated by the city, county, the state of California, or
the federal government. For purposes of radio frequency emissions, compliance with FCC exposure
limitations shall constitute a conclusive presumption that there is no hazard or risk to the public health,
safety or welfare.
B. Initial compliance with this requirement shall be demonstrated for any facility
within three hundred (300) feet of residential uses or sensitive receptors such as schools, churches,
hospitals, etc. and all broadcast radio and television facilities; regardless of adjacent land uses, through
submission, at the time of application for the necessary permit or entitlement, calculations specifying
NTE levels in the inhabited area where the levels produced are projected to be highest. If these
calculated levels exceed eighty percent (80%) of the UTE limits, the applicant shall hire a qualified
electrical engineer licensed by the State of California to measure exposure levels at the location after the
facility is in operation. A report of these measurements and the engineer's findings with respect to
compliance with NTE limits shall be submitted to the Community Development Director. Lessee's
Telecommunications Facility Lease at Santa Rosa Park Page 7 of 27
MAN IT 1
Facilities shall not commence normal operations until it complies with, or has been modified to comply
with this standard. Proof of compliance shall be a certification provided by the engineer who prepared the
original report. In order to assure the objectivity of the analysis, the City may require, at the applicant's
expense,independent verification of the results of the analysis.
C. Every wireless telecommunication facility within three hundred(300) feet of an
inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance
with its FCC permit or license and UTE limits. Every five (5)years a report listing each transmitter and
antenna present at the facility and the effective radiated power radiated shall be submitted to the
Community Development Director. If either the equipment or effective radiated power has increased,
calculations specifying exposure levels in the inhabited areas where the levels are projected to be highest
shall be prepared. Calculations shall also be prepared every time the adopted MPE limits change. If
calculated levels in either of these cases exceed eighty (80%) of the MPE limits, the operator of the
facility shall hire a qualified.electrical engineer licensed by the State of California to measure the actual
exposure levels produced. A report of these calculations, required measurements, if any, and the
engineer's findings with respect to compliance with the current MPE limits shall be submitted to the
Community Development Director within five (5) years of facility approval and every five (5) years
thereafter. In the case of'a change in the limits, the required report shall be submitted within ninety(90)
days of the date the change becomes effective.
D. Failure to supply the required reports or to remain in continued compliance with
any FCC license,permit or MPE limits shall be considered a material breach of this Lease.
8. Visual Mitigation. Lessee will use a variety of visual mitigation strategies for all of its
facilities, as determined necessary by the Community Development Director and as required through the
Architectural Review process, with the goal of achieving a 100% stealth installation. Facilities shall be
creatively designed to minimize the visual impact to the greatest extent possible by means of placement,
screening and camouflage. The applicant shall use the smallest and least visible antennas possible to
accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so
Telecommunications Facility Lease at Santa Rosa Park Page 8 of 27
that the antenna(s) and equipment are not apparent to the casual observer. The light poles in which
antennas are located shall not exceed fourteen (14) inches in diameter. No more than one carrier shall
install antennas in any given light pole. Ground mounted support equipment shall be undergrounded or
otherwise screened from view so as to be effectively unnoticeable. All connections and conduits between
the base of the antenna(s) and support equipment shall be undergrounded, Electrical and telephone
service to the support equipment shall be undergrounded.
9. Noise. Each facility shall be operated in a manner that minimizes any possible disruption
caused by noise to people working and living in the vicinity. At no time shall equipment noise from any
source exceed an exterior noise level of 55 dB at the property line or within 20 feet of such equipment,
whichever is less. This requirement may be modified at the discretion of the Community Development
Director where typical ambient noise levels exceed 55 dB. Outdoor noise producing construction
activities shall take place only on weekdays between the hours of 8:00 am and 5:00 pm unless a different
schedule is approved as part of the use permit. Any facility-utilizing temporary backup generators shall
be required to meet or exceed Air Pollution Control District.Standards. All generators shall be fitted with
approved air pollution control devices. Projects that propose to include backup generators shall require
review and approval from the Air Pollution Control District. Project plans shall indicate location, size,
horsepower and type of fuel used for any proposed generator. Generators shall only be operated during
power outages and for testing and maintenance purposes. Testing and maintenance shall only take place
on weekdays between the hours of 10:00 am and noon.
10. Nondiscrimination. Subject to applicable laws, rules, and regulations,Lessee shall not
discriminate against any person or group on the basis of age, sex, sexual orientation,AIDS,AIDS related
condition,marital status,.race,religion,creed,ancestry,national origin,disability,or handicap.
11. Subsurface Restrictions. The parties agree that this Lease covers only the surface of the
Premises and only so much of the subsurface as is reasonably necessary for Lessee's use of the Premises
as permitted in this Lease(including,without limitation,(i)the foundation for Lessee's monopole antenna
structure and building, and (ii)cables, conduits and pipes within the Premises to connect Lessee's
Telecommunications Facility Lease at Santa Rosa Park Page 9 of 27
ATTACHOT 9
communications equipment within such building to the antennas to be constructed and maintained by
Lessee within the Premises).
12. Liens. Lessee shall keep the premises free of mechanic's, material supplier's or other
liens for any work done,labor performed or materials furnished therein by or for Lessee,and Lessee shall
defend, indemnify and hold Lessor, its officials, employees and agents harmless from and against all
claims, liens, demands, causes of action, liability,loss,cost and expense(including reasonable attomey's
fees)of whatever kind for any such work done,labor performed or materials furnished.
13. No Utilities. Lessor shall not provide any utilities to the Premises. Lessee shall be
permitted to install utility lines, meters for electricity; and shall arrange and pay for the installation and
use of all utilities of whatsoever kind to the.Premises.
14. Maintenance.
A. Lessee shall, at Lessee's sole cost and to the satisfaction of Lessor, maintain
Lessee's Facilities and all related improvements(except the Park Improvements as shown on Exhibit"B")
in good condition, free from rodents, weeds, noxious plants and wild growth, in substantial repair, in a
safe and.sanitary condition,and in compliance with all applicable laws and regulations and shall promptly
repair any damage caused by Lessee. I£Lessee fails to maintain the Lessee's Facilities as required herein,
Lessor may notify Lessee of said failure. If Lessee fails to correct the situation within thirty (30) days
after notice or such longer period as may be established by Lessor, Lessor may make the necessary
correction and the cost thereof, including but not limited to the cost of administration, and labor,
materials, equipment, shall be paid by Lessee within thirty (30) days after receipt of a statement of said
cost from Lessor. If said statement is not timely paid, Lessor may, at its option, choose any remedy
available herein or by law, including the termination of this Lease. Lessee hereby waives to the extent
permitted by law any right to make repairs at the expense of Lessor or to vacate the Premises in lieu
thereof as may be provided by law.
B. Lessor shall have no duty to maintain or repair Lessee's Facilities or any of
Lessee's improvements, including the light poles on the Premises.
Telecommunications Facility Lease at Santa Rosa Park Page 10 of 27
MACNMENT 1
15. Taxes. Lessee acknowledges that this Lease may create a possessory interest subject to
property taxation and that Lessee may be liable for payment of taxes levied on such interest. Lessee shall
promptly pay, prior to delinquency, all taxes, assessments and other governmental fees that may be
lawfully levied against the Premises and any improvements or personal property located on the Premises
and on any possessory interest created by this Lease,and provide proof of payment to Lessor on demand.
16. Insurance. Concurrent with the execution of this Lease, Lessee shall procure and
maintain, at its cost, during the initial and any extended or Renewal Term of this Lease from an insurer
admitted in California or having a minimum rating of or equivalent to A: VII in Best's Insurance Guide:
A. Comprehensive General Liability insurance with a combined single limit of at
least Five Million Dollars ($5,000,000) for each occurrence. Lessor,its officials, employees and agents
shall be covered as additional insureds with respect to liability arising from activities performed by or on
behalf of Lessee. Said insurance shall be primary insurance with respect to Lessor and shall contain a
cross liability endorsement.
B. "All Risk" property insurance m an amount sufficient to cover the full
replacement value of Lessee's personal property,improvements and equipment on the Premises.
C. Upon the execution of this Lease, Lessee shall deliver to Lessor certificates of
insurance with original endorsements evidencing the coverage required by this Lease. The certificates
and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.
D. Said insurance shall contain an endorsement requiring thirty (30) days prior
written notice from insurer to Lessor before cancellation or change of coverage.
E. Said insurance may provide for such deductibles or self-insured retention as may
be acceptable to the City's Risk Manager or designee. In the event such insurance does provide for
deductibles or self-insured retention, Lessee agrees that it will fully protect Lessor its officials and
employees in the same manner as these interests would have been protected had a policy of commercial
insurance been in effect. With respect to damage to property,Lessor and Lessee hereby waive all rights
Telecommunications Facility Lease at Santa Rosa Park Page 11 of 27
of subrogation, one against the other, but only to the extent that collectible commercial insurance is
available for said damage.
F. The procuring of insurance shall not be construed as a limitation on Lessor's
liability or as full performance on Lessee's part of the indemnification provision of this Lease. Lessee
understands and agrees that,notwithstanding any insurance, Lessee's obligation to defend and indemnify
Lessor,its officials and employees hereunder is for the full amount of any damage, loss cost or expense.
G. Any modification or waiver of these insurance requirements shall only be made
with the written approval of the Lessor's Risk Manager or designee.
17. Removal of Improvements. On the expiration or sooner termination of this Lease,Lessee
at Lessee's sole cost shall have the right to remove Lessee's Facilities (with the exception of the Park
Improvements as shown on Exhibit B, consisting of the equipment buildings and sports lighting poles)
erected on the Premises by Lessee by giving notice of its intention to do so to Lessor and by removing
same within forty-five (45) days after expiration or sooner termination of this Lease. Lessor may treat
any such buildings or improvements as abandoned if Lessee fails to timely remove them and, in such
event, (a)Lessor shall be deemed owner of them without accounting to Lessee, or(b)Lessor may cause
their removal at Lessee's cost,with the exception of the underground conduits which may be abandoned
in place by Lessee.
18. Relocation. Lessee agrees that nothing contained in this Lease shall create any right in
Lessee for any relocation payment or assistance pursuant to the provisions of Title 1, Division 7, Chapter
16 of the California Government Code from Lessor on account of the expiration or sooner termination of
this Lease.
19. Notice. Any notice required hereunder shall be in writing and personally delivered or
deposited in the U.S.Postal Service,registered or certified,return receipt,postage prepaid,to the address
of the respective parties set forth below:
Telecommunications Facility Lease at Santa Rosa Park Page 12 of 27
ATTACHMENT 1,
LESSOR: LESSEE:
Parks and Recreation Director Cingular Wireless
City of San Luis Obispo Attn: Property Management
1341 Nipomo Street 2521 Michelle Drive,2nd Floor
San Luis Obispo, CA 93401 Tustin,CA 92780
Notice shall be deemed effective on the date shown on the return receipt or on the date personal delivery
is made, whichever fast occurs. If delivery is refused,the date of deposit of the copy in the mail shall be
deemed the date of notice. Change of address shall be given as provided herein for notices.
20. Hazardous Materials and Waste.
A. Lessee shall comply with all applicable laws regarding the use, storage and
disposal of hazardous materials on the Premises. Lessee shall comply with California Health and Safety
Code Section 25359.7 or its successor regarding notice to Lessor on discovery by Lessee of the presence
or suspected presence of any hazardous substance on the Premises.
B. Lessee shall not bring any hazardous materials onto the Premises except for those
contained in its back-up power batteries and common materials used in telecommunications operations,
e.g., cleaning solvents. Lessee shall treat all hazardous materials brought onto the Premises by it in
accordance with all federal,state and local laws and regulations.
C. Lessee shall specify any proposed generator usage and its proposed location.
D. Lessor represents that the Premises have not been used for the generation,
storage, treatment or disposal of hazardous materials, hazardous substances or hazardous wastes. In
addition, Lessor represents that no hazardous materials; hazardous substances, or hazardous wastes,
pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil, or
any fraction or derivative thereof),or underground storage tanks are located on or near the Premises.
21. Indemnity. Lessee shall defend, protect, indemnify and hold harmless Lessor, its
officials, employees and agents from all claims, demands, damages, causes of action, losses, liability,
costs or expenses, including reasonable attorney's fees, of any kind or nature whatsoever (except those
resulting from Lessor's sole negligence or willful misconduct)which Lessor, its officials, employees and
Telecommunications Facility Lease at Santa Rosa Park Page 13 of 27
ATIRCHMEIT 9
agents may incur for injury to or death of persons or damage to or loss of property occurring in, on or
about the Premises arising from the condition of the Premises (other than conditions existing prior to
Lessee's occupancy of the Premises), the alleged acts or omissions of Lessee, any parent, subsidiary,
affiliate or partnership in which any such entity participates, Lessee's officers, employees or agents; the
occupancy, use or misuse of the Premises by Lessee, any parent, subsidiary, affiliate or partnership in
which any such entity participates, Lessee's officers,employees or agents,or any breach of this Lease.
Lessor shall protect, indemnify and save harmless Lessee,and its officers,agents and employees,
from and against all claims, demands and causes of action by Lessor's employees or third parties on
account of personal injuries or death or on account of property damages arising out of the use of the
Premises by Lessor hereunder and resulting from the sole negligence or willful misconduct of Lessor or
its officers,agents and employees.
22. Assignment and Subletting. Except for an assignment, sublease or transfer to Lessee's
affiliate, parent, subsidiary, member or partner, or as a result of a merger or sale of substantially all of
Lessee's assets ("Permitted Assignment") Lessee shall not assign or transfer this Lease or any interest
herein, without the prior written consent of Lessor which shall not be unreasonably withheld, provided,
however,that Lessee shall notify Lessor in writing of a Permitted Assignment within thirty(30)days. To
obtain Lessor's consent to a proposed assignment or transfer (hereinafter collectively referred to as
"transfer"),.Lessee shall meet the following requirements and Lessee's failure to meet any requirement
shall allow Lessor to withhold consent:
A. Lessee shall notify Lessor at least sixty (60) days prior to the date when Lessee
desires the transfer to take effect ("Transfer Date') which notice shall contain the name, address and
telephone number of the proposed transferee; the nature of the proposed transferee's business and details
of its business experience.
B. Lessor shall notify Lessee at least thirty days(30)days prior to the Transfer Date
whether Lessor approves or disapproves of the proposed transfer.
Telecommunications Facility Lease at Santa Rosa Park Page 14 of 27
ATTACHMENT 1
C. Any approved transferee shall assume and be deemed to have assumed this Lease
and shall be jointly and severally liable with Lessee for the payment of rent and performance of the terms,
covenants, and conditions of this Lease. No approved transfer shall be binding on Lessor until such
transferee shall deliver to Lessor a counterpart of the transfer agreement with contains a covenant of
assumption by transferee but the failure or refusal to execute or deliver such instrument shall not release
transferee from its liability as stated herein.
D. The consent of Lessor to any transfer shall not relieve Lessee of the obligation to
obtain such consent to any further transfer. Further, neither this Lease nor any interest herein shall be
subject to transfer by attachment,execution,proceedings in insolvency or bankruptcy(either voluntary or
involuntary),or receivership. In the event of the transfer without the prior written consent of Lessor,such
transfer shall be voidable at Lessor's election and, if voided by Lessor; shall convey no interest. Any
transfer without Lessor's consent shall constitute a default of this Lease.
E. To obtain Lessor's consent to a sublease, Lessee shall meet the following
requirements and Lessee's failure to meet any requirement shall allow Lessor to withhold consent:
1) The Lessee must pay to Lessor the same amount of Annual Rent on the
sublease tenant's behalf as the Lessee ("Additional Annual Rent"). For example, if there were two
sublease tenants by the beginning of the third,year of this Agreement, the total rent due from the Lessee
would be $63,654: the Annual Rent for the Lessee ($21,218, which is the first year's rent of$20,000
increased by 3% for two years) and the Additional Annual Rent for the two sublease tenants ($21,218
each). While the Lessee may require the sublease tenant to pay this amount as part of their sublease
agreement with the Lessee, payment of the Additional Annual Rent is the sole responsibility of the
Lessee,and is subject to the same terms,conditions and remedies as the Annual Rent.
2) Lessee shall notify Lessor at least sixty(60) days prior to the date when
Lessee desires the sublease transfer to take effect("Sublease Date'),which notice shall contain the name, .
address and telephone number of the proposed sublease tenant; the nature of the proposed sublease
tenant's business and details of its business experience. The first year of Additional.Annual Rent shall be
Telecommunications Facility Lease at Santa Rosa Park Page 15 of 27
MACHMENT I
paid prior to the Sublease Date and will be prorated to the Lessee's Annual Rent payment due date;and
shall be due annually thereafter with the Annual Rent.
3) Lessor and Lessee agree(by way of example and without limitation)that
it shall be reasonable for Lessor to withhold its consent if any of the following exist or may exist: the
proposed transferee's use of the Premises conflicts with or is inconsistent with the use of the Premises
stated herein; the Lessee is in default under this Lease at the time the request for sublease is made and has
not cured such default,if the same can be cured,prior to ten(10)business days prior to the Sublease Date.
4) The sublease tenant is subject the same terms and conditions of this
Agreement as the Lessee.
5) Lessor shall notify Lessee at least fifteen(15)days prior to the Sublease
Date whether Lessor approves or disapproves of the proposed sublease.
23. No Permits. Lessee shall not.grant any rights-of-way, easements, franchises or permits
in, on or across the Premises.
24. Encumbrances. Lessee shall take the Premises subject to any and all existing easements
and other encumbrances.
25. Reservations. Lessor reserves the right to grant franchises, easements, rights-of-way or
permits for pipeline purposes which will not interfere with Lessee's use of the Premises.
26. Default. The occurrence of any of the following acts shall constitute a default by Lessee:
A. Failure to pay Annual Rent or Additional Annual Rent when due where such
failure shall continue for a period of ten(10)days after Lessee's receipt of written notice from Lessor.
B. Failure to perform any of the terms,covenants or conditions of this Lease if said
failure is not cured within thirty (30) days after Lessee's receipt of written notice from Lessor of said
failure. If the default cannot reasonably be cured in thirty (30) days after receipt of such notice, Lessee
shall not be in default if Lessee begins to cure within the thirty-day period and diligently proceeds to cure
to completion. Lessor's notice shall describe the default and shall demand that Lessor perform or quit the
Telecommunications Facility Lease at Santa Rosa Park Page 16 of 27
Premises. No such notice shall be deemed a forfeiture or termination of the Lease unless Lessor so elects
in the notice.
C. Any attempted assignment,transfer or sublease except as permitted in Section 22
hereof.
D. Failure to maintain all necessary permits and business licenses required by the
City in its municipal or regulatory capacity or failure to pay any fees for permits or licenses to the City
when due;
E. Failure to report or pay to the City all applicable sales taxes,transient occupancy
taxes,business taxes,,utility taxes or other excise taxes,when due.
Subject to the terms of this Section, if Lessee does not comply with each term, covenant
and condition of this Lease or if a default occurs,then Lessor may terminate this Lease and Lessor may
then enter the Premises and take possession thereof provided, however, that these remedies are not
exclusive but cumulative to other remedies provided by law in the event of Lessee's default, and the
exercise by Lessor of one or more rights and remedies shall not preclude the Lessor's exercise of
additional or different remedies for the same or any other default by Lessee.
F. Failure to perform any of the terms; covenants or conditions of this Lease if said
failure is not cured within thirty (30) days after Lessee notifies Lessor of said failure shall constitute a
default by Lessor of this Lease. If the default cannot reasonably be cured in thirty(30)days after receipt
of such notice,Lessor shall not be in default if Lessor begins to cure within the thirty(30)day period and
diligently proceeds to cure to completion.
27. Right of Entry.
A. In the event of an emergency which poses an immediate threat of harm or
damage to persons or property, Lessor may enter the Premises and take such actions as are required to
protect persons or property from such immediate threat of harm or damage,provided that promptly after
such emergency entry into the Premises (and in no event later than twenty-four(24)hours)Lessor gives
telephonic and written notice to Lessee of Lessor's entry into the Premises. In addition to Lessor's rights
Telecommunications Facility Lease at Santa Rosa Park Page 17 of 17
- MACH I
under the immediately preceding sentence, Lessor shall have the right, upon forty-eight (48) hours prior
telephonic notification to Lessee(which notification shall specify the date and time at which Lessor seeks
to enter the Premises), to enter the Premises to determine whether or not Lessee is complying with this
Lease and to serve, post or keep posted any notice. Except in the event of an emergency, Lessor agrees
that it shall not enter the Premises without a representative of Lessee being present, and Lessee agrees to
make its representative promptly and readily available to accompany Lessor on the date and at the time
given in Lessor's telephonic notice. If Lessee fails to make its representative available on the date and at
the time given in Lessor's telephonic notice or at a mutually agreeable time, then Lessor may enter the
Premises accompanied by a peace officer.
B. Lessee shall install a lock box system on the Premises and give the City access to
the lock box in order to allow the City to inspect the Premises pursuant to Paragraph A above.
28. Signs. Lessee shall not place, affix, maintain or permit any sign, advertisement, name;
insignia, logo, descriptive material or similar item(collectively"sign")on the Premises without the prior
written approval of Lessor. Any approved sign shall be maintained by Lessee in good condition at all
times. Lessor may remove any sign not approved by Lessor at Lessee's cost. The cost of removal shall
be additional rent.
29. Condemnation. If the whole of the Premises shall be taken by any public or quasi-public
authority under the power of eminent domain,then this Lease shall terminate. If any part of the Premises
shall be taken under the power of eminent domain, then this Lease shall terminate as to the part taken, as
of the day possession (of that part) is required for any public purpose, and on or before that day Lessee
shall elect in writing either to terminate this Lease or to continue in possession of the remainder of the
Premises provided, however, that rent shall only be reduced in proportion to the amount of the Premises
taken if Lessee is unable to operate at the same level after the condemnation as before the condemnation.
All damages awarded for any taking shall belong to Lessor, whether such damages be awarded as
compensation for diminution in value to the leasehold or to the fee provided, however, that1essor shall
not be entitled to any portion of the award made for loss of Lessee's business or relocation expenses.
Telecommunications Facility Lease at Santa Rosa Park Page 18 of 27
ATTACHE 1
30. Nuisance. Lessee shall not do or permit to be done in or on the Premises any act, which
may be an unreasonable nuisance, annoyance or inconvenience to Lessor, Lessor's tenants on or
occupants of adjoining property,or to the neighborhood.
31. Exculpation. Except as expressly provided herein,Lessor shall not be liable to Lessee for
any damages to Lessee's property from any cause. To the extent permitted by law, Lessee waives all
claims against Lessor for damage or injury to persons or property arising or alleged to have arisen from
any cause whatsoever, except Lessor's sole negligence or willful misconduct or Lessor's breach of its
obligations hereunder.
32. Waiver of Rights. The failure or delay of either party to insist on strict enforcement of
any term, covenant, or condition herein shall not be deemed a waiver of any right or remedy that such
party may have and shall not be deemed a waiver of any subsequent or other breach of any term,
covenant, or condition herein. The receipt and acceptance by Lessor of delinquent rent shall not
constitute a waiver of any other default but shall only constitute a waiver of timely payment for the
particular rent payment involved. Any waiver by either party of any default or breach shall be in writing.
Either party's consent to or approval of any act by the other party requiring a party's consent or approval
shall not be deemed to waive such party's consent or approval of any subsequent act of the other party.
33. Partial Invalidity. If any term, covenant or condition of this Lease is held by a court of
competent jurisdiction to be invalid; void or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect.
34. Successors in Interest. This Lease shall be binding on and inure to the benefit of the
parties and their successors,heirs,personal representatives,approved transferees and assignees,and all of
the parties hereto shall be jointly and severally liable hereunder.
35. Right to Re-Enter. Lessor acknowledges that Lessee's use of the Premises includes
proprietary trade secrets. Lessor shall have no right whatsoever to enter the Premises except as provided
in Paragraph 27.A. above, without Lessee's written consent which Lessee shall not unreasonably
withhold. Lessee shall peaceably deliver possession of the Premises to Lessor on the effective date of
Telecommunications Facility Lease at Santa Rosa Park Page 19 of 27
termination or expiration of this Lease. On giving notice of termination to Lessee, Lessor shall have the
right to re-enter and take possession of the Premises on the termination or expiration date without further
notice of any land and without institution of summary or regular legal proceedings. Termination of the
Lease and re-entry of the Premises by Lessor shall in no way alter or diminish any obligation of Lessee
under the Lease and shall not constitute an acceptance or surrender. Lessee waives any and all right of
redemption under any existing or future law, in the event of eviction from the Premises and in the event
Lessor re-eaters and takes possession. Lessee agrees that should the manner and method used by Lessor
in re-entering or taking possession after breach by Lessee gives Lessee a cause of action for damages or in
forcible entry and detainer, the total amount of damages to which Lessee shall be entitled due to the
re-entering shall be One Dollar($1.00). Lessee agrees that this Section may be filed in any such action
and that when filed it shall be a stipulation by Lessee fixing,the total damages to which Lessee is entitled
in such action.
36. Holding Over. If Lessee holds over and remains in possession of the Premises after the
expiration of the Lease, such holding over shall be construed as a tenancy from month to month on the
same terms,covenants,and conditions herein, except that monthly rent shall be one-twelfth(1/12)of one
hundred twenty-five percent (125%) of the annual rent then in effect. Nothing in this Section shall be
construed as a consent by Lessor to any holding over by Lessee.
37. Time. Time is of the essence in this Lease and every provision hereof.
38. Attorney's Fees. In any action or proceeding relating to this Lease, the prevailing party
shall be entitled to its costs,including reasonable attorney's fees and court costs.
39. Integration and Amendments. This Lease represents and constitutes the entire
understanding between the parties and supersedes all other agreements and communication between the
parties, oral or written, concerning the subject matter herein. This Lease shall not be modified except in
writing duly signed by the parties and referring to this Lease.
40. Recordation. Concurrently with the execution of this Lease, Lessor shall execute before
a notary and. deliver to Lessee for recording a "Memorandum of Lease" substantially in the form of
Telecommunications Facility Lease at Santa Rosa Park Page 20 of 27
aTIACNMENT 9
Exhibit"C"attached hereto and by this reference incorporated herein(the"Memorandum"). Lessee may
record the Memorandum and shall pay any fees or taxes applicable to or arising from said recordation.
Upon expiration or sooner termination of this Lease, Lessee shall, at its sole cost, immediately record a
Quitclaim Deed with respect to its interest under this Lease..
41. Governing Law. This Lease shall be governed by and construed in accordance with the
laws of the State of California.
42. Captions. The various headings and numbers herein and the grouping of the terns hereof
into separate sections,paragraphs and clauses are for convenience only and shall not be considered a part
hereof,and shall have no effect on the construction or interpretation of this Lease.
43. Abandoned Property. The vacating or abandonment of the Premises by Lessee shall
include but not be limited to the failure of Lessee to occupy the Premises for a continuous period of forty-
five (45) days or more while not paying rent. If Lessee abandons the Premises, title to any personal
property belonging to Lessee and left on the Premises forty-five (45) days after such abandonment shall
be deemed to have been transferred to Lessor. Lessor shall thereafter have the right to remove and to
dispose of said property without liability to lessee or to any person claiming under Lessee,and shall have
no duty to account therefor.
44. Compliance with the Law. Lessee shall comply with all laws, ordinances, rules and
regulations of all federal, state and local governmental authorities having jurisdiction over the Premises
and business thereon.
45. Quiet Enioyment. Lessor covenants that, if Lessee performs the terms, covenants and
conditions of this Lease,Lessee shall peaceably and quietly hold and enjoy the Premises.
46. Lessor's Representation of Authority. Lessor represents that it has title to the Premises
and full authority to execute this Lease and to grant the easements and access to the Premises. Lessor
further represents that there are no undisclosed liens,judgments,impediments or exceptions of title on the
Premises that would affect this Lease.
Telecommunications Facility Lease at Santa Rosa.Park Page 21 of 27
MACHO 1
47. Non-Interference Provision. Lessor will use its best efforts to provide Lessee with notice
of any applications received from any other communications companies wishing to utilize any part of
Santa Rosa Park. Further, Lessor will use its best efforts to not lease property in Santa Rosa Park to other
communication companies,nor to use Santa Rosa Park for communications purposes,that might interfere
with Lessee's use of the Premises. In the event Lessor or any other communication company on Santa
Rosa Park does,in fact,interfere with Lessee's use of the Premises,Lessor shall eliminate,or cause to be
eliminated, such interference within seventy-two (72) hours of written notice by Lessee. If such
interference is not eliminated in such time period, Lessee may exercise any right or remedy at law or in
equity to eliminate the interference or may terminate this Lease.
IN WITNESS WHEREOF, the parties have executed this Lease with all of the formalities
required by law as of the date first above written.
LESSOR: LESSEE:
CITY OF SAN LUIS OBISPO,a CINGULAR WIRELESS LLC,
Municipal Corporation a Delaware limited liability company
on behalf of PACIFIC BELL WIRELESS,
LLC,a Nevada limited liability company
d/b/a/CINGULAR WIRELESS
By: By:
David F.Romero,Mayor Charles Vranek,
Vice President; Special Projects/Real Estate
ATTEST:
By:
Lee Price,City Clerk
i
AS TO FORM:ert A Trujil o,Interne City Attorney
Telecommunications Facility Lease at Santa Rosa Park Page 22 of 27
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
All that real property located in the State of California,County of San Luis Obispo,described as follows:
BASIS OF BEARING:
THE BEARING ARE BASED UPON CALIFORNIA COORDINATE SYSTEM,ZONE 5,NAD 83.
NOTES:
1. ACREAGE PARCEL: .005 ACRES
2. PROPOSED LEASE AREA: 12.00'X 17.83'—214.00SF
3. NO PARKING REMOVED ORTROPOSED
4. UNMANNED FACILITY(NO EMPLOYEES)
5. PCS FACILITY—WIRELESS COMMUNICATIONS
FIRM CLASSIFICATION
THE PROPERTY SHOWN HEREON FALLS WITHIN ZONE "C" AS SHOWN ON FLOOD
INSURANCE RATE MAP NO. 060310-0005-C, EFFECTIVE DATE JULY 7, 1981. AS PUBLISHED
BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN ACCORDANCE WITH THE
NATIONAL FLOOD INSURANCE PROGRAM.
PROPOSED ANTENNA.GEODETIC COORDINATES:
THE CENTER OF THE PROPOSED ANTENNAS AS SHOWN HEREON IS LOCATED AT THE
FOLLOWING COORDINATES (NAD 83):
LATITUDE: N35'17'24.38'
LONGITUDE: W 120'39'48.89
BENCHMARK:
THE STATION MARK AND REFERENCE MARKS NO. 1 AND NO. 2 WERE RECOVERED AS
DESCRIBED WITH THE FOLLOWING REVISIONS.
STATION IS 17.5 FEET SOUTH OF THE CENTERLINE OF BUENA VISTA AVENUE, 6.1 FEET
NORTH OF THE SOUTH FACE OF A 9 FEET HIGH CONCRETE RETAINING WALL, 5.5 FEET
SOUTH OF THE CURB FACE OF BUENA VISTA AVENUE, 1.9 FEET NORTH OF A CARSONTTE
WITNESS POST,AND ABOUT 1 FOOT HIGHER THAN THE ROADWAY.
ELEV=464.00 FEET AMSL(NAVD 88)
PID=FV 1478
Telecommunications Facility Lease at Santa Rosa Park Page 23 of 27
EXHIBIT B
DESCRIPTION OF THE PROJECT
1. Remove a portion of the central parking lot and reconfiguring the layout of the remaining
parking lot resulting in no net loss of parking spaces.
2. Install turf and irrigation systems where the asphalt was removed.
3. Relocate the right field fence from the east to the west of newly turfed area.
4. Replace and relocate the right field light pole to the west side of the newly turfed area with
two light poles. (These will also serve as cellular antennas.)
5. Construct two buildings located on the east side of the basketball court for communications
equipment and storage for the skate and blading program. (This will also include radio
system improvements for the Fire Department as described in the Agreement.)
6. Upgrade the lighting on the multi-use court and skate area
The accompanied Plans and Specifications dated November 11, 2002 may be amended by
mutual consent between the Lessor and Lessee.
Telecommunications Facility Lease at Santa Rosa Park Page 24 of 27
EXHIBIT 6—;Z
X ®
O
ad
ytI LTJ
gY
sg �
W rag Ff Val 63e $eie 1 g� �a i B
A ui a $ UaeIl 4 do-aa& .y4ii9iia_! e�� §7 €
mj
fo
IJJ® C 6 9 S S c tt
S
6gg ] gg 8 ,gg sqq�s a
¢1
110 w
OL
,111111�!Fffl
E
a e
idly QQpp gg aS E � �� � �
r
L �
r EXHIBIT '
—I L
c n L E „ u
$Nl Cr
s
M
I
� � I
c I
•°R o
I cif I
9 � I
I�' ,z
1 1e
O
I
I
o /
Q5000 n
J
i
/ 9
/
r
L �
F
EXHIBIT
J L
33 CE
o E iG2$
It x P Alp
all is k
y ' 0
Y 1,
C) as
i1 ° { I�i
i
$�
0,
O
---OSJ000
Q �
� r
L J
r EXHIBIT
J L
c
M
_ Q
01%t F X
0
qq 0
8 H ppp pp y.
CDp D o
jai
it is
i
11 Rill
1� ...
,i �
m
0
0 .
0
000000
0
�N Iu8 a°v
94
d
x9
M
f
N
� r
L �
r EXHIBIT
J L
c �
est L X
Nt
z CDs a I
A 011
53�y8Q gj469@ qq g @@ gg
a
J 1^n J t
❑ IV ❑ ❑ �I V
. ....\ I / I
IL.......... . . IG___— ___ __ _ _ _
J
91 93i 91� i5e 930 9 9Ia
� n
,
I '
• :' . oa� ��. ' �off! r 6�� {���s�� �� ��g���o�F�
r'y 4l �
3 I• �� I' e�
H \ N
� r
L �
i
r EXHIBIT
LO
c
p y
E
i
r �
i
i
i
is
r
r
I
-------- -----------
p.
pa 4 a tl� s
s
P
p$a
�I
........... .
s
r
S
1
r
L �
EXHIBIT '✓ ��
J L
e.
A qe y7st L
�PI i P.-K t
r
r - y
_ gap aa 5y ya
t Zt Rej gq9� �g�` a%C5 AI 6
!� ❑
i I
I
I a t 1
{
r I FFst
9g31�MH i
@@
e I eg9g I p � I I I
s 4
L Rif
n
@ �g ��a �pJill
dp
Q _ ___ --------
b -_ _ r yi :i h :� :i :i
i �
� 6
i 9 r i rn
Ile
��gg
„ AEYtl N A�Y008! e
� r
L �
EXHIBIT
crm
Will
-X
igpp
rA
all 11
r EXHIBIT 8�
J L
. �
pppp gg � � o
e g s ii��i m a
Iiz , i' -�3 g ga e
sB@ u 9H I; Pi Q
F yg
1 I i YQg
I S F g �Bi 4
id3 9} ■ I .�ri.
i
g
1 1 •
I �yy� I � ��•,1 r'N,,
DRi ! , i
N
If
F
9F 3F ai
8 ,
lilt[
A€A
I s
sl I
i 1 ' rn
i
I
I I
'
r�
t i
■ I .�C`'�4�.�
ppE 1 `e I ,t
-it
511 If at 8e
- -- -
■ p {rJ+ • 4 to i ��?�
r
L �
r
r EXHIBIT
J L
55 yy {ggg( 6a
yey s a9az V �' QOIIW&WN1IT 3 s �g Q
Xa�e„a e.m-
LV
21
a ( ( 4:;
i i i g E
1 1 �
R
i
N 1 M 8
s
N
f
r
L �
r EXHIBIT 1 '
J L
Elli0 e
o .g�
..J,
� I
L - R
all
�- --- d
I I II
Ug 10
I I
B�By i I i I
CJ Y�OCY•J�• 4_ 0
p
4Q
ilT7T ilk
• t Lr
e i3 e e
a k1 1 911 a, Ell
p�la@p 7AP,!,
j
r
L �
EXH161T
ME
Nzu
Rig
zi,
X
I I II
T-v
I all ]
4(D— I 1 71
L—————jr
ling
ju
nil
IL -L,
EXHIBIT
r
32 CE
J L
i F S q8° y zIf
a
a
I / '
1 ,
000000000® oco
1
I
1
_ I I
I
\ I I
I 1
I 1
1 1 �•
1
1 _ /
1 I $
I 1 M
1 I ,
_ 1
1
I I
I
1
I`
I
1 I
I
1
1
I
I 1
I
♦\I � � 571
I 1 JJyy •t
iLYai � 8
I
I
,
,
` I
O y
1 \
I I
• P R��P���� w
• sP�� 3
r
L �
EXHIBIT
r
J L
7MB Elf
CM
all
4 III g a G.
a`e ggg V g 0� ! g -
a PRE E
I�
I
I
I
� I
I
I
I
� I
I
--- --- --------------------------------=--
I \�
I \�
r,
o a a a 1
n j
M I i1
- I H
a8F y�i I
. I
� I
F]i
n�
r O II
r� • ' 4
3i L
� r
L �
J L
�.. e
CL
s ' iE CE
z i as 1
EN
a
CL c
n a
5i '�� p ei9@nff sq S igYpHo g� #d4p
gig nQ§ppky Ea®9Q; !6
�a95ISe �;Qi ,#n� 5 S ■E#f� Q Y
�J nQ$p 5�0# 5eapa1 1,91;osii R8�R �g �gga a# q
��_°p !# -bill
iAa 3�i' OY� 86 F
eg$e'Hn�#e3
#=S ejea6�i�t � 5p
e�9 e#5#�ieinigE #p33 9 all.,
3I l kit
805 §@jai# y�ep�p1l% s9q�13@q8g�i�€''1 •e ih a.s1a'pd
INIP23Y ON�A�9a5c$ c$a�
ga
gill
A, 5
Egli p� 58
n e�
e e
fill
3
1 r
L �
r EXHIBIT 10
J L
oil
ujm � e
� � g
� 93
h
L J� t' � �
i11 r,
6 • i e! Q3 i 7 i� / v
r gg s
t
IUH
r
r
' 8
i
r
r
r
r
r
r
r r
a '
r r
r r
►��q� a i i i
i
� r
L �
EXHIBIT
g F
cp
AO
150;0 U1
� �yy Syy Y�y % v yy yy 22 tt $gY3
s1!u9s 161,1
E 1 9r d
I r
5 I r dill rg �
I all 11
�i .�. `�• R— .n-- • X31 I•.— � 6 � � a�� ����t6� a
.tl
I
a
� @g y
1$ P6 S. S5e 93S�a r §3 F� rQ §S 22
3 �4p }p r a
;� •tl
till
Ss9;�� 9i�S4� 5311 9B ..
p ~r
r ❑ .. .., . +❑., sa��751
us
ll i I
R1
3
1
1®i
i�
� 5 1
��1y,4ii 3
r
L �
— �— EXHIBIT
J L
a EES=[
° laiy isI,,EE ,. SER
cn wig
AgJAIIN
+S t HH Ifd i #t" !' # a� '�$ ' fi' (� ]'1 j• �a aa�at�t tc , � , c�ti 1
lit J j f#3 iit i�+ J; # #'• 3s ' sH afdi i
�= ii 3�{1 - •{ : �, �Jl +3 J 13•' ,$#1 lit ei � Iq . 3# ���1 aF '}e f ilpin a
,� ■ {i 2f AN 1 it}
4� 1111
]1 1i}jS 5{ c]ae rd°gi}l ytda,t 11a g
1 1??!Ulf?i,? ] : : 9i�] ilt !� 71 a'�1 9 31 9F�3 71 3Y�9i�,9 151 9di 9'. {' Ili i1 'duz .1.1.11
I1 ,d H;a } t#= FIi t� � _ �a!#t as ,a � �p'� P !!j ��� �f;,1 lai�lt+• ' 1. a +d �F is ;#�7�
,�2i
1 j q is � ��, ''�{'�al(� , i k �� �•�#i tt 1 +° � ' 1'�, 3#fab , #' I it �� F! D #r ii
I # Itii°
it
SS t�� i� .�5. {�d � § � �d•##ji� qt F a �p}+' 1i.1 1,19]'S ���1��{ta1P� }�t��Ajb �i�P -' yg i.tiHj ���H�
d� 1 :LrieH aaFei
91,6 7 3 {3a 9S 3# 9 .FI�F# :`` 9 , :a1j $4 s a a
`
I'Ili ,'i# i�
at fl 1 IN { #
VI, Jill,
VI, tai l►;J'�' it
Jctt ##';t 'I: @ Jilt d i iI J dt F J3#1�¢` ° J!# i �1&{ I=,11 c '111111 �F t+tl 1f
61 3 J # a 1 11 =a tja '} till! Hl #1$ i i�� i
! 'I Jla � �fti;.g1+ •• �;yt Ia��E
ii{j#' Jim il:i Pi=1F 1 d 1 PFC aI��P2� •�� 31 a9+ ad�f# 31L ,LP 31 a
�;3 l 3 9 '. !t 7f 7 U�9 : i 7t 9 9 7. : 9 : 6liilt_,a
if L11
%ds9@ae
.Q e1 13 @ iffiE � e
fail 6:1 l± 19913}$313.�sei #lei tl AN It a�
gg gg pp ! p 1 H �
s�:�ih 3�{{a�l•�iHtt �I1tJ'9�Itl'1".1a3g:Hd,3f@J�qfS�.�f�B gi�{�}339�AgYH1 y�1��y4@d1�a°�g€�g3�Hg�1ji9 g9.1tg$ I3 #: � 11�;,JF i 'U�i' 6i� ggC J}d Hill- ��:jS
d5{aHtaatsgs 91 # Pll! T till M111i 1j# e jdi1I?t#ac f�h#a H�,a�t 1td}t 1�dq}"11f�1
t3
31 Cl
lease
11111
i� ! j}F fAHyH
fi# y} ' � -
p #i3 1f,r FI #�{X31#1 131#1111 �� 111111,11
iiltF81 �t j i## 31113,#1# X33### ! I!1ijlt bid,
1.6393993 J° 119342 17339 1299999 11333 9999 1293999".9 99913 9°9999 t�� #i '9999 199393 �
r
L �
EXHIBIT-- 1349
L
(N
I MII Rp i ZI
C;)
6 0 0
M
a, all
R to
A I I i If
lilt
at . I I I
at
if
it a I
i ' ;,j Fj •}� _! i i i t� `i## ; i Vii, i i
t I A
S
if I
fit
Jill, IN H A
.14d Id
Is 3 a
it
Is
If
if
AM
f
11 XI A
I.All P% 4 .2,
A A 1 ,
fill F}ft I I
Hill
{I �tFE lilt
-1 N
I If
It1 1.§1.'.s ]i .
fill
!,Ira
A kin
I I I
Ril
I it AIN" is
�:Hjllljrall 1 911
IN JA-
1 3 lif
2 A it 7 7 3,Ills 21 2 1. 21 2 2 211 7
it
is
ift1l 1 ;
I fill] I
it .1
It
� } �i j i�; i iii 11��1 ;{�i F�� �"ij��i ! >�� T � ' # i '� � i ` ' ' �
! F 1 t ltd#i i� i: i9t#�j�i{ t! ie };F All
ki
JAI
A is
21 , I I it
sly 1 1 1ii 1 1
it a] r�l
a, 11 If I,
if I q 19 Ill " 111 11!111s 1
I as
of 1 2 4 - A ;
71 3 3 2
F
r EXHIBIT
J L
.j
S{�ji �=a ', ! � i' 'i ;� i � ! , i t � � 1 tjl•,! • 1 �j]yj� �!!
It � ��lt 111:,!IC 1 ,� �° :{• t� , e� ,' � !�! ip 1 I lI �� 1. Ot
i+aC� f� l�dE,, t
r 111itI!
71 7 :Y !lI�I .4 � 7 it 7+t 7 7 7 ]k 7 7.7t • i ii� • •..3_ • • 7s�!�� }11
it
fee
e !,j
i f1fill
�'ii }ji It lap! , ',�, !�' 1 1' tt a]i�a � , i ,t didt !f
(tjl !11' �' �� fit ] �1 1{� lj
Mi ]ilk, fit {! ,�� !f t {al i;1 ilj
i i Il i #j t3 !E; #;l !!i. !tf!#'i 1i# �ila,f lift 11d all
:uI 7q! :lii� o1i of 1;
32
It
; 1 t
1 , t I. �, I� EE i 1 ,}
1Is(! t
l�i
# j�",_ � #� j}l •'j �°# H 1" +'+ 4 t i` �€ IP
isa He
99 # Is it Ji( {If ! a} t 1 • ! . ��,f,t e; : 1 , a All
.t i!!
7 3!1 7 ,l1 7 7I:!i 71 7D 7i a� ]ti silt.) a :. 7i 7 ,j 7!7{ s:1 sj 7i�d yid!��±a* j?:13lt1 a#Ij 3El .! s!
,# y 1 t:�;
,�lt !,�
114! 1�
!�� 1, 11 1 la 1 It 1 { g R 6e•
ddxx7� I iata• h , !
'
i;! ijli {Ii� 3y
!
Ii3ll! �y'j' d1i a1 �t�at!"�it 3 + s e s o a dlfd
7 i1 7 7d1 7(!71t 3 7 7d 7a 71 3r,
r
L �
r — EXHIBIT
J L
.;: p
y€g a 3i 2 U ISI WIN 3 3'If
`o $bijiF . x
OR I
8
p
-------- S ---' [l
x ,
I� 1
L
Ir ,,
I ~
w p per
e�Lx \
� 1
-----------
- -------
? a
1
1
ae ,:
A� !d
p
N 3
r
L �
EXHIBIT C
to
MEMORANDUM OF LEASE
,'sl tiT'�'t { ark."' '�• .: '}�' say 4M1` [{X�.` 'S.!' sE13; l ,�., _ _ � 11 d+I.e
RECORDING REQUESTED BY:
WHEN RECORDED,RETURN TO:
MEMORANDUM OF LEASE
This MEMORANDUM OF LEASE ("Memorandum') dated as of 2003, is
between the CITY OF SAN LUIS OBISPO, a municipal corporation and charter city ('Lessor') and
CINGULAR WIRELESS LLC, a Delaware limited liability company, on behalf of PACIFIC BELL
WIRELESS,LLC,a Nevada limited liability company d/b/a CINGULAR WIRELESS ("Lessee").
RECITALS
WHEREAS,Lessor and Lessee have executed that certain Telecommunications Facility Lease at
Santa Rosa Park "Lease's dated as of ' 2003, covering certain premises (the
"Premises') situated on a portion of that certain real property located in the County of San Luis Obispo,
State of California, and more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference;and
WHEREAS, Lessor and Lessee desire to record notice of the Lease in the Official Records of
San Luis Obispo County,California;
NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby declare as
follows:
1. Demise. Lessor has leased the Premises to Lessee (together with access rights), and
Lessee has hired the Premises from Lessor, subject to the terms, covenants and conditions contained in
the Lease.
2. Expiration Date. The term of the Lease ("Term") is scheduled to commence on or
before . and shall expire five (5)years thereafter, subject to Lessee's
option to extend the Term pursuant to Section 3 of the Lease for three (3).additional terns of five (5)
years each.
3. Lease Controlling. This Memorandum is solely for the purpose of giving constrictive
notice of the Lease. In the event of conflict between the terms of the Lease and this Memorandum, the
terns of the Lease shall control.
Telecommunications Facility Lease at Santa Rosa Park Page 25 of 27
IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of Lease as of
the date and year first written above.
LESSOR LESSEE
By: By:
Name` Name:
Title: Title:
NOTARIZED SIGNATURES
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On ,before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
(Signature of Notary Public)
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
(Signature of Notary Public)
Telecommunications Facility Lease at Santa Rosa Park Page 26 of 27
EXHIBIT D
SAMPLE SCHEDULE OF LEASE PAYMENTS
Because of variables in the Agreement such as minimum annual adjustments to rent and renewal options,
it not possible to prepare a "fixed" lease payment schedule. However, to ensure a clear understanding
between the Lessor and Lessee, the following is a sample schedule of lease payments based on the
following assumptions:
1. City improvements value of$227,083 as set forth in Section 2(D)of the Agreement.
2. Maximum term of twenty(20)years as set forth in Section 3 of the Agreement.
3. Payment due date of February 4 of each year as set forth in Section 4(A)of the Agreement.
4. Credit of the value of City improvements against annual rent payments as set forth in Section
4(A)of the Agreement.
5. Minimum annual rent increase of three percent (3%) as set forth in Section 4(B) of the
Agreement.
6. Two tenants throughout the twenty(20)year term as allowed under Section 22 of the Agreement.
Sarn Old Schedule of Annual Lea�se:Payrn6nts
n orni o Payment
Year Rent - ieu Cash
2003 40,000- 40,000 0
2004 41,200 41,200 0
2005 42,436 42,436 0
2006 435709 43,709 0
2007 45,020 45,020 0
2008 46,371 14,718 31,653
2009 47,762 47,762
2010 49,195 49,195
2011 .50,671 50,671
2012 52,191 52,191
2013 53,757 53,757
2014 55,370 55,370
2015 57,031 57,031
2016 58,742 58,742
2017 60,504 60,504
2018 62,319 62,319
2019 64,189 649189
2020 66,115 66,115
2021 68,098 68,098
2022 70,141 70,141
ITOTAL 1,U74,821 1 $ 227,083
Telecommunications Facility Lease at Santa Rosa Park Page 27 of 27
CINGULAR WIRELESS tT■�u���p�
WIRELESS COMMUNICATIONS NETWORK ATfACR1NENi�
SITE REVIEWIPROJECT ESTIMATE
CW SITE No.:LA47045 AREA District I
SITE NAME:Smb Rose Pad PROTECT TYPE:(i;Z Build Mmlapda
SITE ADDRESS:1905m1,Rom Stect PROTDURATION:10.12.a
Sm L.Obivyo CA
START DATE:TBA �N.CONTRACTOR:Sladty C.=tim
COMPLETION DATE: PR0IlAAAlA004 T]McBryde
DATE:1111%02
ESTIMATED COSTS
%ot Cvt fts lnp
DESM M civ I Gnpdm I Vmcm TOTAL E.I.Gib,Coal I
Wb Pa ,Ebmmb
smsarwar 100 $ 3600
Damn 9.ow AC a cud% 80 10 10 38,295 30,636
site Peep 80 10 10 14 800 11,840
AC Pmvwp 80 10 10 52,900 42,320
New Cuda6�Remp 80 10 10 7,130 5,704
Cklndsod P Ac 1 100 6,400 6,400
New St'wp5igwa 1 100 4370 4370
Land3mpinq 1 33 33 33 35,000 11.666
Comm Sbalbn(2)
'm Pr, 30 35 - 35 8,200 2,460
Fmndaum 30 35 35 33 680 10 104
Mvan,r8lmk W it 30 35 35 36,500 10,950
Mwe.swd 30 35 35 .3 500 1,050
Frarrilng 16 42 42 20,500 . 3,300
Roofin bmlbnii m 30 35 35 9,500 '2,850
Dom lamm 16 42 42 7,900 1,300
D I W and Cmm Rm 10 45 45 9 000 900
CmnwesolAt Fwwhm 30 '35 36 6,400 1,920
P,ilnfn,,jDomwd8offiQ 30 1 35 35 5,660 1,698
CLnmemd Dn Spoub 30 35 35 1500 450
VCT/Flooring 50 50 2,900
Mkid Saf.ty E.ip..t 100 1,700
El.b"Taloa HVAC
Ni E.m memr and 33 33 33 .38,400 12,672
PG&E Foes tbnam 33 33 33 12,000 '3,960
HVAC Cin ulmSlid oW 100 23,750
Gnpuw wme aleca 100 11,450
Orwndng(2)sbn 50 50 7110.
Wbalr Manopoly(2)
A.Gnpuly pu,cbvad(Cmtrmlm bubAad.(baa:Naw Muvo Poly and OmWcW Work)
a.Two M Manapoly*M Lighorig
b.Obmbwal Ughtna Rod ubemmm m Bs Al Fleld
B.Ceak WrRaquln mis
new Fwndallov 50 50 16,500
Cam Conduit onduit 50 50 17,450
n
GIn AF Wand Tman 100 14,500
apbd HA andbmmA 100 5,210
Pwme and Boron lilt - 15- 75 10 9,360 1 1403.
N.M.Pdv and Elmtrkd Work 20 40 40 86,900 17,380
A.ClnpWr purubaad l PAOVbabrhubpad
a.Two new Mumu Palos
b.Fwrnew bm bods
o.Oirmliond L'gban R WremmbloH and Skarn Rwk
B:Contrmbr Raqukammb
2new Fomdeaara 100 10,500 10,500.
Gmo and mm41t 100 1 12,800 12.800
Naw dmkFd amd:tem omducmr 100 18,450 18,460
Tmon wpecuon 50 50 3,600
PerMt 50 50 8,500
sublow S S S 605 905
Jab R.W.
supenwion 18 000
Gennup
Ommd Cmdpmm
TM�COST $1 623,905 $ 227,083
bid Tmm 2
1
ATTACHMENT Place holder for actual
signed letter to be
provided before February
41 2003 Council Meeting.
January 21, 2003
Parks and Recreation Director
City of San Luis Obispo
1341 Nipomo Street
San Luis Obispo, CA 93401
re: Park Improvements; Santa Rosa Park
Memorandum of Understanding dated April 16, 2002
Cingular Site#: LA-470-05
CITY OF SAN LUIS OBISPO:
Pursuant to the City-approved plans for the Park Improvements, the contractor for Pacific Bell
Wireless, LLC, d/b/a Cingular Wireless ("Cingular"), has provided Cingular with an estimate of
$227,083.00 to build the Park Improvements. Provided there are no material changes to the
design of the Park Improvements, Cingular hereby agrees to accept this estimate of the
construction costs as the maximum amount it will claim pursuant to Section 4.A. of the proposed
Telecommunications Facility Lease at Santa Rosa Park, which provides that Cingular's
obligation to pay Annual Rent will be waived until the total cost of the Park Improvements have
been credited against the rent payments.
Sincerely,
Charles Vranek
Vice President, Special Projects/Real Estate
ATTACHMENT 3--
CITY OF SAN LUIS OBISPO
ARCHITECTURAL REVIEW COMMISSION STAFF REPORT ITEM#5
FROM: Ron Whisenand,Deputy Director MEETING DATE: September 3, 2002
BY: Lynn M. Azevedo, Associate Planner(781-7166)
FILE NUMBER: ARC 11-02
PROJECT ADDRESS: 190 Santa Rosa Street
SUBJECT: Review of telecommunications facilities and improvements to Santa Rosa Park.
SUMMARY RECOMMENDATION:
Grant final approval to the project, based on findings and subject to recommended conditions
and code requirements.
BACKGROUND:
Data Summary
Address: 190 Santa Rosa Street
Applicant/Owner: Cingular Wireless
Representative: Gordon Bell, Bell and Associates
Zoning: PF (Public Facility)
General Plan: Park
Environmental: Mitigated Negative Declaration(ER 11-02)
Site Description
Santa Rosa Park is an approximate 8-acre City park established over 50 years ago. It is bordered
by Santa Rosa Street to the west, Oak Street to the south, and by residences fronting Murray
Street and Ellen Streets to the north and east. The park is developed with two softball fields, a
skate park, roller rink, horseshoe pits, children's playground, and open park area along with a
parking lot.
Project Description
Cingular Wireless proposes to install two wireless telecommunication facilities which would
double as lightpoles for the purpose of improving lighting at the northerly softball field. It is
anticipated that a second carrier would be accommodated in one of the two 75-foot tall
lightpoles. Two accessory structures would also be constructed between the roller rink/skate
park area and existing parking lot for the purposes of housing their associated equipment and
providing storage for City recreational activities. The parking lot adjacent to the ball fields
would be modified and improved to create a regulation-size softball field and a more useable
parking arrangement. Improved lighting for the skate park and roller rink are also proposed.
ARC 11-02 (190 Santa Rosa Street) ATTACHMENT_ September 3, 2002
Page 2
Besides this Architectural Review application, a Use Permit will be considered by the City's
Planning Commission subsequent to ARC action. The height of the wireless facility is
determined by the Use Permit.
EVALUATION:
Property Development Standards
Landscaping: As part of the ball field improvement, the applicant will be removing asphalt and
replacing it with turf. Relocation of the perimeter ball field fence will also occur.
Parking: Although the parking arrangement is being modified with the improvement to the
adult softball field, the overall parking count will not change. Some minor modifications need
to be made to the site plan with regard to the proposed parking revisions. Specifically, the 3
tandem spaces in the driveway aisle cannot be permitted as that would require removal of some
substantial trees. Staff believes that those 3 spaces can be made up with restriping of the main
parking lot. The applicant will be resealing and restriping the main parking lot and the lot by
the ball fields as part of this project.
Design
Lights: Two lightpole options have been provided as seen in the elevations and photo
simulations, although 4 are possible:
Option A(photosim provided): Lights on top at 75 feet, exposed antennas below lights.
Option B (photosim provided): Antennas on top and enclosed, lights below at 60 feet.
Option C (elevation only): Lights on top at 75 feet, antennas enclosed below.
Option D (elevation only): Exposed antennas on top, lights below at 60 feet.
Staff has concerns with the lightpole width. Antennas which are encased within the lightpole
result in wider poles. Staff supports Option A because the pole would be narrower than other
options and tapered, the exposed antennas do not appear aesthetically unpleasing, and the taller
lightpole (with lights on top) creates a better lighting situation for the ball field and surrounding
neighborhood. Less glare results with the taller lights.
Lighting improvement proposed for the skate park and roller rink will result in a maximum
lighting level of 30 foot-candles on the skating surfaces. Currently, the skate park has no night
time lighting and the roller rink receives about 2 foot candles of illumination making the rink
virtually unusable at night.
Buildings: The proposed equipment/recreational storage buildings would be approximately 500
square feet each and of the same design and building materials as the restroom building adjacent
to the adult softball field. Mechanical equipment is shown on the ground on the north side of the
northerly building. This equipment must be screened to the satisfaction of the ARC or contained
within the building.
ATTACHMENT�
ARC 11-02 (190 Santa Rosa Street) - eptember 3, 2002
Page 3
EVALUATION
The City recently adopted an ordinance regulating "wireless telecommunication facilities"
(Section 17.16.120), which cites several site development, and performance standards as listed
below (in italics). Whether the project complies with the standards is also indicated.
• Setbacks: All facility towers and accessory structures shall comply with the setback
requirements of the applicable zoning district. The antennas and accessory
equipment comply with the setback requirements of the PF zone district.
• Height:
The antenna height shall be determined as part of the use permit as
stipulated in SLOMC §17.16.120.F.2. The maximum height of PF zone district is
35 feet and the lightpoles/antennas would have a height of 75 feet. The proposed
height of the antennas can be considered consistent with the zone if it is
determined appropriate by the ARC relative to scale and design.
- All facilities shall be designed to the minimum necessary functional
height. The applicant has indicated that this is the lowest height possible
considering lighting must be incorporated with the design.
• Site Access: Telecommunication facilities should use existing roads and parking
when possible. Access to the facilities would be via existing paved streets,
driveways, and parking lot. The applicant will be redesigning the ball field parking
lot and resealing and restriping both parking lots in the park as part of the project.
• Aesthetics and Visibility: Facilities shall be creatively designed to minimize the
visual impact to the greatest extent possible by means of placement, screening and
camouflage. The applicant shall use the smallest and least visible antennas possible
to accomplish the coverage objectives. Each installation shall be designed to blend
into its surroundings so that the antenna(s) and equipment are not apparent to the
casual observer. Building-mounted facilities shall appear as an integral part of the
structure. Equipment and antennas shall be compatible and in scale with existing
architectural elements, building materials and site characteristics.
- The applicant proposes to "screen" the antennas by making them look like and
function as ball field lights. While taller than the existing field lights, the
proposed height is not uncommon for ball field lighting. Option A which would
allow the antennas to be mounted externally below the lights do not seem to be
that obvious and result in a lesser width pole. Pole width seems to be a more
significant factor in the lightpole appearance than the exterior antenna mount.
The casual observer is not likely to notice the external antennas.
- The proposed storage buildings would completely hide the accessory equipment
and provide needed permanent storage for the City's recreational activities at the
park.
• All connections and conduits between the base of the antennas and support
equipment shall be under-grounded. All connections and conduits will be under-
n11
�
ATTACHMENT_ �-
ARC 11-02 (190 Santa Rosa Street) - September 3, 2002
Page 4
grounded.
• Lighting: All telecommunication facilities, not otherwise required to have lighting
pursuant to FAA rules, shall be unlit, except when authorized personnel are actually
present at night, and except for exempt facilities. The antennas are not lit for FAA
purposes, rather to light the ball field.
• Radio frequencies and electromagnetic exposure: A radio frequency radiation (RFR)
report is required to submitted to verify compliance with FCC regulations. An RFR
report was provided which concludes that this facility fully complies with FCC
regulations.
Staff believes the proposed installation complies with the site development and performance
standards subject to the conditions below.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration was prepared for this project. The identified potential area of
impact is aesthetics. The Initial Study, proposed Mitigation Measures, and Mitigation
Monitoring Program are attached for your review. The aesthetics issues address screening the
outdoor mechanical equipment from on-site and off-site views and the recreational facility
lighting.
OTHER DEPARTMENT COMMENTS:
Comments from other departments have been incorporated as conditions of approval or code
requirements.
ALTERNATIVES:
1. Approve the project with modified conditions and/or findings.
2. Continue review of the project. Direction should be given to staff regarding desired
information or needed revisions to plans.
3. Deny the project. Alternative findings should be provided should this action be taken.
RECOMMENDATION:
Grant final approval to the project based on the following findings, and with the following
mitigation measures, conditions, and code requirements. (The Planning Commission will take
action on the Mitigated Negative Declaration.)
ARC 11-02 (190 Santa Rosa Street) ATTACHMENT.`_ September 3, 2002
Page 5
Findings:
1. The project complies with the site development and performance standards of the City's
wireless telecommunication facilities ordinance.
2. The proposed antennas do not extend above a ridgeline and can be considered
camouflaged, as the casual observer would not usually suspect a lightpole be a cell
tower.
3. Although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been
made or mitigation measures added and agreed to by the project proponent.
Mitigation Measures
1. Screen outdoor mechanical equipment from on-site and off-site views to the satisfaction
of the Architectural Review Commission.
2. The new ball field lights shall be directed downward as indicated in the project plans to
minimize light and glare into the adjacent neighborhood. Lighting of the skate park and
roller rink shall have maximum illumination levels of 30 foot-candles within those
respective activity areas. Park policy shall be that lights are off at 10:00 P.M.
Conditions:
1. The Option A lightpole with lights on top and exposed antennas below shall be utilized.
2. The project shall be developed in substantial compliance with the plans approved by the
ARC. All ARC conditions shall be listed on a sheet in the building plans. Any changes
to lighting or parking lot designs shall be subject to the review and approval of the
Community Development Director.
3. All existing public utilities shall be shown in detail on these plans. All existing private
park facilities shall be detailed on these plans. Underground utilities including but not
limited to gas piping, phone lines, electrical service, irrigation controller circuits, remote
sensing circuits, landscape irrigation, domestic water services, sewer laterals, water
mains, and sewer mains shall be shown in detail to the approval of the Parks Maintenance
Supervisor.
4. All-weather access shall be maintained to all sanitary sewer manholes. No permanent
structures shall be constructed within 3m of the existing sewer main. If conduit will be
installed with directional drilling techniques, contractor shall be responsible for video
inspecting all sewer mains and laterals in the vicinity and immediately repair any
damaged pipes and manholes. All underground conduits shall maintain 2m minimum
horizontal separation from the sewer. Conduit crossing any sewer main shall maintain
ARC 11-02 (190 Santa RosaATTACHMENT.-Street) - September 3, 2002
Page 6
0.5m minimum separation.
5. An accessible path of travel shall be provided to the existing facilities that are now served
by the parking lot being removed. A new 4 foot wide path with an all weather surface
such as concrete or asphalt shall be installed between.the ball field facilities (restrooms,
baseball play field, bleachers), the skate park/skate rink, the existing path to Murray
Street, the new buildings and the remaining existing parking lot. Path shall comply with
requirements for surface material, cross slope, slope in the direction of travel and any
other applicable sections for walkways (see UBC 1133B.7).
Code Requirements:
The following code requirements are included for information purposes only. They are
intended to give the applicant an idea of other City requirements that apply to the project.
This is not intended to be an exhaustive list. Any further requirements that apply to the
project will be identified during the building permit plan check process.
A. By ordinance, the applicant is required to prepare a recycling plan for approval by the
City to address the recycling of construction waste for projects valued at over $50,000 or
demolition of structures over 1000 square feet. The recycling plan shall be submitted to
the Building Department with the building plans. The City's Solid Waste Coordinator
can provide some guidance in the preparation of an appropriate recycling plan.
Attachments:
1. Site and building plans (reductions)
2. Photosimulations
3. Initial Study and Mitigation Monitoring program
(Full-size plans to Commissioners only)
G:\Groups\Comdev\Cd-plan\lazcvedo\arc1l-02 SR—Cingular SR Park.doc
Draft ARC Minutes ATTACHMENT--
September
TTACHMENT September 3, 2002
Page 10
5. 100 Santa-Rosa-Street.' ARC 11-02; Review of Telecommunications facility and
improvements to Santa Rosa Park; PF zone; Cingular Wireless, applicant.
Associate Planner Lynn Azevedo presented the staff report recommending final
approval to the project, based on findings and subject to conditions and code
requirements. She presented a map of the proposed antennas.
Gordon Bell, Bell and Associates, reiterated what the diameter of the radar for the
antennas would be for Verizon.
Commr. Boudreau asked if it would be a tapered pole.
Planner Azevedo replied yes..
Paul LeSage, Director of Parks and Recreation, gave a brief explanation of the project
and noted that it is an approved CIP project. He mentioned that Cingular Wireless
stepped in to do this project because they could speed up the process and they agreed
to do this project in lieu of rent.
Commr. Boudreau questioned if the basketball court would remain.
Director LeSage replied yes.
Chairperson Stevenson asked why the antenna is proposed so high.
Mr. Bell responded to maximize the coverage for this area.
PUBLIC COMMENTS:
Jeff Fox, Community Sports Director YMCA, commented that 80% of their roller hockey
practices are at night and the lighting has always been an issue. He stated these lights
would be a great help for safety concerns.
Nicole (inaudible), Recreation Coordinator for Burkes Recreation Department, noted
their court is not a lighted facility at this time and would like to open up their facility for
more use.
Director LeSage mentioned the lights are on until approximately 10:00 p.m.
Jeff Owen, SLO, recalled he has heard complaints there is no lighting for the skate park,
and felt this is a good opportunity to have lighting for the kids.
Robert Frances, SLO, commented that a lot of people roller hockey in the evening after
work and they need lighting.
Chris Teapert, SLO, commented his children participate in the YMCA program and play
roller hockey, noting it is difficult to see the puck without proper lighting.
All
Draft ARC Minutes
September 2002
ATTACHMENT__
3, ,_ ---
p
Page 11
There were no further comments made from the public.
COMMISSION COMMENTS:
Chairperson Stevenson expressed concern that the photos show these lights raised
high enough to be shining in backyards of the neighbors.
Director LeSage explained the lights could be hooded so the light is directed downward.
Chairperson Stevenson expressed a concern about the physical size and massing of
these poles.
Commr. Lopes commented the pole looks top heavy with the lights at the top. He
stated his support of the pole at 78-feet tall with the lights at 75-feet. He suggested
landscaping on the backside of the Cingular Wireless building, and also suggested
planting trees in the park and the parking lot.
Commr. Boudreau expressed support for lights on top of the pole.
Mike McGuire, Public Works Manager, commented that the lighting on top had the least
impact.
Chairperson Stevenson expressed concern for the glare of the lights on the neighbors,
and suggested they be at 60-feet tall.
Director LeSage responded the lights should be higher because they are hooded and
the neighbors would not see them.
Commr. Smith commented that whatever goes up must light the field and would have to
minimize the impact on the neighbors.
Commr. Root expressed support for the lights at the top because it maximizes the
potential illumination. He suggested a condition that all lights at the top are shielded.
He supported the suggestion of additional trees.
Chairperson Stevenson commented he would prefer to see a lighting analysis submitted
by the applicant.
Director LeSage suggested a condition that a lighting simulation is done.
Mr. Bell mentioned they are looking for direction that they would want to see the
antennas on the inside versus the outside. He stated they would not object to any
conditions requiring that the spill over occur and would like to move forward. They
would have no problem doing the simulation.
Commr. Lopes commented he likes the lights on top with a three or four foot extension
so the lights are not resting right on top.
Draft ARC Minutes ATTACHMENT - -
September 3, 2002
Page 12
Commr. Root commented that he likes photo simulation A, and would like to increase
the trees and bushes and should save the totem pole.
Commr. Boudreau expressed his support on photo simulation A, and supports the
increase of the landscaping.
Commr. Smith moved they accept the design shown on option A and the Recreation
Department consider planting trees without interfering with the athletic fields, and to
continue this item with direction and come back with a lighting analysis on the meeting
of September 16, 2002. Seconded by Commr. Root.
AYES: Commrs. Smith, Root, Boudreau, Lopes and Stevenson
NOES: None
ABSENT: Commrs. Schultz and Howard
ABSTAIN: None
The motion carried 5-0.
6. 1167 Atascadero Street. ARC MI 124-02; Review of a garage conversion and
new carport; R-1 zone; Joe Pluim, applicant.
This application was withdrawn prior to the meeting.
7. 864 Santa Rosa Street. ARC MOD 21-02; Review of a modification to include
public art for the Ludwick Community Center PF zone; City of San Luis Obispo
Public Works Department, applicant.
Associate Planner Lynn Azevedo presented the staff report recommending the ARC find
that the proposed artwork meets the City's Public Art Guidelines.
Mike McGuire, Public Works Director, presented an example of the proposed artwork
and gave a brief explanation of it.
Commr. Lopes asked if there is a wall space that this kind of collage could go on
separate without overlaying the murals.
Mr. McGuire replied yes.
Commr. Root commented he would like to see it framed.
PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION COMMENTS:
ATTACHMENT
—
CITY OF SAN LUIS OBISPO
ARCHITECTURAL REVIEW COMMISSION STAFF REPORT ITEM#2
FROM: Ron Whisenand, Deputy Director MEETING DATE: October 7, 2002
BY: Lynn M. Azevedo, Associate Planner(781-7166)
FILE NUMBER: ARC 11-02
PROJECT ADDRESS: 190 Santa Rosa Street
SUBJECT: Review of telecommunications facilities and improvements to Santa Rosa Park.
SUMMARY RECOMMENDATION:
Grant final approval to the project, based on findings and subject to recommended conditions
and code requirements.
BACKGROUND:
Previous Consideration
This item was originally considered at the ARC's September 3, 2002 meeting, at which time the
ARC requested completion of the lighting analysis prior to taking action on the project.
Attached to this report is the ARC Meeting Update from the September 3`d meeting which
summarizes the ARC's consensus to date.
Attached is the original staff report for Commission review of the project.
EVALUATION:
Property Development Standards
Lights: The light pole option identified as being preferred by the ARC at the September P
meeting was used in the lighting analysis, attached hereto. The selected light was Option A,
which is a 75-foot tall pole with lights on top and exposed antennas below the lights.
Lighting improvements proposed for the skate park and roller rink will result in a maximum
lighting level of 30 foot-candles on the skating surfaces. Currently, the skate park has no night
time lighting and the roller rink receives about 2 foot candles of illumination making the rink
virtually unusable at night.
All of the new lights were incorporated into the lighting analysis (2 pages attached to this report),
as well as, those existing lights intended to remain. The studies were taken along the north and
east property lines, as well as 150 feet from the west and south edges of the fields being lighted.
They DO NOT take into account any screening provided by plant material (i.e. trees) on-site or
ARC 11-02 (190 Santa Roy..Street) Ocy}ftWEN1002
Page 2
off-site that may reduce light impacts, and there are significant trees along the 3rd base perimeter
of the ball field. The page titled "Initial Spill Scan Maximum Footcandles" depicts potential
light impacts based on a light reading pointing directly to the light source(glare). The page titled
"Initial Spill Light Horizontal Footcandles" depicts potential light impacts based on a light meter
pointing directly up (on a horizontal plane) to the light source (spill). A baseline analysis has
been requested of the applicant and as of the date of preparation of this report was not available.
It is assumed that the proposed lighting scheme will have less glare and spill impacts than the
existing lighting design. Advances in the technology of lighting have created superior
alternatives to traditional lighting scenarios such as what is in use at Santa Rosa Park currently,
where spill light and glare are evident. These advances allow for much greater control over the
direction of the light and result in a much more efficient lighting system. These newer systems
are also more efficient because less light sources are necessary to light any given space,
decreasing the costs of operation and maintenance. It should be mentioned that recent evaluation
of the existing field lights by the Parks Department revealed that one of the lights intended to
remain is out of alignment and will be redirected thereby reducing light and glare to the
immediate neighborhood.
Additional information and discussion will be provided at the ARC meeting on this issue.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration was prepared for this project. The attached lighting analysis
(plus the baseline analysis to be provided at or before the meeting) would seem to complete the
information necessary for the ARC to act on the environmental analysis based on past
Commission comments.
ALTERNATIVES:
1. Approve the project with modified conditions and/or findings.
2. Continue review of the project. Direction should be given to staff regarding desired
information or needed revisions to plans.
3. Deny the project. Alternative findings should be provided should this action be taken.
RECOMMENDATION:
Grant final approval to the project based on the following findings, and with the following
mitigation measures, conditions, and code requirements.
Findings:
1. The project complies with the site development and performance standards of the City's
wireless telecommunication facilities ordinance.
2. The proposed antennas do not extend above a ridgeline and can be considered
r n
ARC 11-02 (190 Santa Roy..Street) ATTACHMENT_` — October 7, 2002
Page 3
camouflaged,.as the casual observer would not usually suspect a lightpole be a cell
tower.
3. Although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been
made or mitigation measures added and agreed to by the project proponent.
Mitigation Measures
1. Screen outdoor mechanical equipment from on-site and off-site views to the satisfaction
of the Architectural Review Commission.
2. The new ball field lights shall be directed downward as indicated in the project plans to
minimize light and glare into the adjacent neighborhood. Lighting of the skate park and
roller rink shall have maximum illumination levels of 30 foot-candles within those
respective activity areas. Park policy shall be that lights are off at 10:00 P.M.
Conditions:
1. The Option A lightpole with lights on top and exposed antennas below shall be utilized.
2. The project shall be developed in substantial compliance with the plans approved by the
ARC. All ARC conditions shall be listed on a sheet in the building plans. Any changes
to lighting or parking lot designs shall be subject to the review and approval of the
Community Development Director.
3. All existing public utilities shall be shown in detail on these plans. All existing private
park facilities shall be detailed on these plans. Underground utilities including but not
limited to gas piping, phone lines, electrical service, irrigation controller circuits, remote
sensing circuits, landscape irrigation, domestic water services, sewer laterals, water
mains, and sewer mains shall be shown in detail to the approval of the Parks Maintenance
Supervisor.
4. All-weather access shall be maintained to all sanitary sewer manholes. No permanent
structures shall be constructed within 3m of the existing sewer main. If conduit will be
installed with directional drilling techniques, contractor shall be responsible for video
inspecting all sewer mains and laterals in the vicinity and immediately repair any
damaged pipes and manholes. All underground conduits shall maintain 2m minimum
horizontal separation from the sewer. Conduit crossing any sewer main shall maintain
0.5m minimum separation.
5. An accessible path of travel shall be provided to the existing facilities that are now served
by the parking lot being removed. A new 4 foot wide path with an all weather surface
such as concrete or asphalt shall be installed between the ball field facilities (restrooms,
baseball play field, bleachers), the skate park/skate rink, the existing path to Murray
Street, the new buildings and the remaining existing parking lot. Path shall comply with
' ATTACHMENT- �
ARC 11-02 (190 Santa Roz—Street) October 7, 2002
Page 4
requirements for surface material, cross slope, slope in the direction of travel and any
other applicable sections for walkways (see UBC 1133B.7).
Code Requirements:
The following code requirements are included for information purposes only. They are
intended to give the applicant an idea of other City requirements that apply to the project.
This is not intended to be an exhaustive list. Any further requirements that apply to the
project will be identified during the building permit plan check process.
A. By ordinance, the applicant is required to prepare a recycling plan for approval by the
City to address the recycling of construction waste for projects valued at over $50,000 or
demolition of structures over 1000 square feet. The recycling plan shall be submitted to
the Building Department with the building plans. The City's Solid Waste Coordinator
can provide some guidance in the preparation of an appropriate recycling plan.
Attachments:
1. Lighting analysis (2 pages)
2. September 3, 2002 staff report
G:\Groups\Comdev\Cd-plan\lazevedo\arc 11-02 SR 3—Cingular SR Park.doc
ARC Minutes ATTACHMENT_ —
October 7, 2002
Page 3
In response to a question form Commr. Smith, Planner Codron stated there would be no
increase in the height of the building, noting there would be no line-of-sight to the
antennas unless you were above it.
Trisha Knight, applicant's representative, passed around a sample of the material that
will be used for the extension of the parapet wall. It is called "Radio Frequency friendly
material" and is used to simulate the material that is currently on the building, using the
same color paint.
Commr. Boudreau asked what the rate of transmission loss is through this material as
compared to transmission through air. He asked where the waves go that can't get
through the material -- do they bounce and go elsewhere?
In response to the question, Mr. Knight noted that the antennas are directional and that
there is very little bounce-back. They are trying to install more smaller facilities using
existing buildings rather than fewer larger facilities.
PUBLIC COMMENTS:
Mary Beth Schroeder, 2084 Wilding Lane, felt this process is defacing buildings and
reducing their values. She was concerned that this concept is a temporary promotional
issue that is very unattractive
COMMISSION COMMENTS:
Commr. Howard stated she felt this design is architecturally more appealing than others
she has seen.
It was the consensus of the Commission that these modifications architecturally improve
the looks of the building's roofline.
Commr. Howard moved to grant final architectural approval of the project, seconded by
Commr. Root.
AYES: Commrs. Howard, Root, Boudreau, Smith and Schultz.
NOES: None
ABSENT: Commrs. Stevenson and Lopes
ABSTAIN: None
The motion passed 5-0.
3. 190 Santa Rosa Street. ARC 11-02; Review of a new telecommunications facility
and improvements to Santa Rose Park, including replacement of two ball field
lights; PF zone; Cingular Wireless, applicant.
ARC Minutes ATTACHMENT_
October 7, 2002
Page 4
Associate Planner Michael Codron presented the staff report, recommending final
approval to the project, based on findings and subject to conditions and code
requirements, which he outlined.
Vice-Chair Schultz asked if there is currently lighting at the location.
Planner Codron stated that there is. The current lighting has more horizontal spill and
the light sources are more visible than the new ones would be. The current lights have
an impact on the neighborhood, but the new lights can be properly shielded.
Vice-Chair Schultz asked about the size and location of the equipment storage buildings
at the park.
Planner Codron noted there is a storage container,that is being removed.
Commr. Howard asked if the height of the light sources will be higher in option A, and
asked how would the intrusion of light would affect the neighborhood.
Planner Codron responded that the greater height allows the light to focus more directly
down to a specific area and gives more opportunity to shield the actual light source. He
added that a condition is proposed to address the light and shielding issue.
Commr. Smith asked if the trees are to screen or to decorate.
Planner Codron responded that the trees are to enhance, as opposed to screen. He
noted the parking lot is being reduced in size so there will be more room for trees.
Gordon Bell, applicant's representative, explained that the existing parking lot will be re-
striped so that no parking spaces will be lost, and additional grass area near the ball
field will be added. The applicant is proposing to add more parking towards Santa Rosa
Street.
Mr. Bell explained that these improvements are part of a Capital Improvement Program
that the Parks Department has wanted to accomplish but hasn't had the funding for.
This is also a rent abatement program where the applicant will not start paying rent until
the improvement costs are abated.
Commr. Smith asked if vines could be grown up these poles to help with camouflage.
Planner Codron stated he's never seen it done.
Commr. Boudreau stated the vines would eventually become a maintenance problem.
The applicant responded that the vines would be a problem when climbing the poles for
maintenance reasons. He noted the size of the proposed poles is 24 inches, tapering
down to 21 inches in diameter; the existing poles are 18 inches, tapering down to 14
inches.
ARC Minutes
October 7, 2002 ATTACHMENT—��
Page 5
Commr. Boudreau asked for an explanation regarding the location of the transmitters on
the poles which dictates the diameter of the poles.
Mr. Bell explained that in Option B, the diameter of the pole is 36 inches to enclose the
equipment internally. A smaller diameter pole could be used, but cabling would have to
be moved to the outside of the pole. He also noted they had met with the Parks and
Public Works Departments to review the project. They discussed walkways and
landscaping. Two equipment enclosures will be added to house the Parks Department
equipment, eliminating the cargo storage container.
PUBLIC COMMENTS:
Mary Beth Schroeder, 2085 Wilding Lane, felt this would ruin the intent of Santa Rosa
Park and any others that are used in the same manner. She opposed the project. She
expressed that it is possible that the RFs are carcinogenic and should be looked into.
COMMISSION COMMENTS:
Commr. Howard asked the applicant to address the issue of health.
The applicant stated that RF waves are obviously propagated by the systems. The
harmful radio waves are 1-2 feet in front of the antenna. These poles, being 70 feet
above ground, emit only 0.02% of allowable RF waves as set by FCC for the general
population.
Commr. Root asked about the proposed color for the poles.
Mr. Bell replied it is currently galvanized steel, similar to the existing poles.
Commr. Howard stated she favors Option A.
Commr. Root noted his support for Option A and the galvanized color, and indicated this
is a win-win situation, because our park needs these upgrades.
Commr. Howard moved to grant final approval, based on findings and subiect to
conditions, mitigation measures, and code requirements listed in the staff reportwith a
modification to Findinq .#2 to delete text to end with the word camouflaged and add
conditions 6 and 7 as follows: 6 Improvement plans shall include detailed lighting
specifications for the new light poles. These fixtures may need to be shielded to
minimize spill and glare while at the same time achieving the lighting needs of the ball
field. A note shall be included on the improvement plans that "After installation the new
ball field lights may need to be modified or shielded if the Community Development
Director determines that they emit excessive glare." 7. Trees shall be added between
Santa Rosa Street and the main parking lot adiacent to the parking lot closest to the
ball fields where possible, and behind the new antenna/light pole closest to the skate
Park. Acceptable tree varieties shall be those from the City's street tree list and shall
exclude eucalyptus and pine varieties. Seconded by Commr. Smith
ATTACHMENT_, 3U
ARC Minutes - —
October 7, 2002
Page 6
AYES: Commr. Howard, Smith, Root, Boudreau and Schultz.
NOES: None
ABSENT: Commrs. Stevenson and Lopes
ABSTAIN: None
The motion carried 5-0.
COMMENT AND DISCUSSION:
4. Staff
Agenda Forecast
October 21, 2002; Motel Inn, Children's Museum and potential public art for Kennedy
Fitness Center.
November 4, 2002; Mural on apartment building in the old town area. Zaca Creek
Development new industrial building. New Hotel on Calle Joaquin
November 18, 2002: Single family homes in an area of sensitive sites. A proposal by
the SLO Non-Profit Housing Corporation to build a senior housing facility for 42 units off
of Johnson Avenue and Sierra Way.
Commr. Howard asked about the field trip that was discussed for October 21St
Planner Codron confirmed the tour and stated the commissioners are to assemble at 3
p.m. in the Council Hearing Room on October 21St
ADJOURNMENT:
With no further business before the Commission, the meeting adjourned at 6:40 p.m. to
the next regular meeting scheduled for October 21, 2002 at 3:00 p.m. for a field trip,
then reconvening to the Regular Meeting at 5:00 p.m.
Respectfully submitted by
Ginger Christensen
Recording Secretary
- ATTACHMENT_ 4,A -
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION AGENDA REPORT ITEM#2
FROM: Ron Whisenand, Deputy Director MEETING DATE: October 23,2002
Prepared by: Lynn M. Azevedo, Associate Planner(781-7166)
FILE NUMBER: U/ER 11-02
PROJECT ADDRESS: 190 Santa Rosa Street
SUBJECT: Review of a wireless telecommunication facility at Santa Rosa Park including
modification to ball field lights and environmental review.
RECOMMENDATION:
Adopt the Mitigated Negative Declaration and Approve the Use Permit based on findings,
mitigation measures, and recommended conditions.
BACKGROUND
Data Summary
Address: 190 Santa Rosa Street
Applicant/Owner: Cingular Wireless
Representative: Gordon Bell, Bell and Associates
Zoning: PF (Public Facility)
General Plan: Park
Environmental: Mitigated Negative Declaration(ER 11-02)
ARC Action
The Architectural Review Commission reviewed the ARC aspect of this application at their
September 3rd and October 7t', 2002 meetings and approved the project with 7 conditions as
found in the ARC approval letter attached to this report. Specifically, the Commission approved
the Option A light pole, with lights on top and exposed antennas below. The ARC expressed
concern over the improved ball field lighting, wanting to be sure the new lights would not further
impact the neighborhood with respect to light spill and glare. The lighting analysis is included as
part of the Mitigated Negative Declaration prepared for this project, both of which are attached
for Planning Commission review.
Site Description
Santa Rosa Park is an approximate 8-acre City park established over 50 years ago. It is bordered
by Santa Rosa Street to the west, Oak Street to the south, and by residences fronting Murray
Street and Ellen Streets to the north and east. The park is developed with two softball fields (one
ATTACHMENT---
U
TTACHMENT U 11-02 (190 Santa Rosa; Cingular Wireless/Santa Rosa Park) October 23, 2002
Page 2 of 7
of which is lit), a skate park, roller rink, horseshoe pits; children's playground, and open park
area along with two parking lots.
Proiect Description
Cingular Wireless proposes to install two wireless telecommunication facilities which would
double as lightpoles for the purpose of improving lighting at the northerly softball field. It is
anticipated that a second carrier would be accommodated in one of the two 75-foot tall
lightpoles. Two accessory structures would also be constructed between the roller rink/skate
park area and existing parking lot for the purposes of housing their associated equipment and
providing storage for City recreational activities. The parking lot adjacent to the ball fields
would be modified and improved to create a regulation-size softball field and a more useable
parking arrangement. The main parking lot would be resurfaced, restriped, and slightly enlarged.
Improved lighting for the skate park and roller rink are also proposed.
Parking: Although the parking arrangement is being modified with the improvement to the adult
softball field, the overall parking count will not change. Some minor modifications will be made
to the site plan with regard to the proposed parking revisions. Specifically, the 3 tandem spaces
in the driveway aisle cannot be permitted as that would require removal of some significant
trees. Also, the main parking lot would be extended approximately 30 feet further toward Santa
Rosa Street. The applicant will be resealing and restriping the main parking lot and the lot by
the ball fields as part of this project.
Landscaping: As part of the ball field improvement, the applicant will be removing asphalt and
replacing it with turf. Relocation of the perimeter ball field fence will also occur. No trees
would be removed, rather additional trees will be added between Santa Rosa Street and the main
parking lot, adjacent to the parking lot closest to the ball fields where possible, and behind the
new antenna/light pole closest to the skate park.
Lights/Antenna Design: Two lightpole options have been provided as seen in the elevations and
photo simulations, although 4 are possible:
Option A (photosim provided): Lights on top at 75 feet, exposed antennas below lights.
Option B (photosim provided): Antennas on top and enclosed, lights below at 60 feet.
Option C (elevation only): Lights on top at 75 feet, antennas enclosed below.
Option D (elevation only): Exposed antennas on top, lights below at 60 feet.
Staff and the ARC had concerns with the lightpole width. Antennas which are encased within
the lightpole result in wider diameter poles. Staff and the ARC support Option A because the
pole would be narrower than other options and tapered, the exposed antennas do not appear
aesthetically unpleasing, the taller lightpole (with lights on top) creates a better lighting situation
for the ball field and surrounding neighborhood, and lights on top are a more normal lightpole
design.
ATTACHMENT_ 4 A
U 11-02 (190 Santa Rosa; Cingular Wireless/Santa Rosa Park) October 23, 2002
Page 3 of 7
Lighting improvements proposed for the skate park and roller rink will result in a maximum
lighting level of 30 foot-candles on the skating surfaces. Currently, the skate park has no night
time lighting and the roller rink receives about 2 foot candles of illumination making the rink
virtually unusable at night.
Buildings: The proposed equipment/recreational storage buildings would be approximately 500
square feet each and of the same design and building materials as the restroom building adjacent
to the adult softball field. Mechanical equipment is shown on the ground on the north side of the
northerly building. This equipment must be screened to the satisfaction of the ARC or contained
within the building.
EVALUATION
Although the project is described and addressed in the Mitigated Negative Declaration in its
entirety, the Planning Commission's focus is the wireless telecommunication facility and
environmental issues associated with the project as a whole. The other park improvements fall
into the purview of the ARC.
In general, the purpose for a Use Permit is to insure that'a proposed use is compatible with
existing or desired conditions in the neighborhood. With respect to wireless telecommunication
facilities, specific site development and performance standards apply as part of the City's
"wireless telecommunication facilities" ordinance (Section 17.16.120). The standards of
importance for this evaluation are listed below (in italics) and staff's assessment and/or the
ARC's determination as to whether the project complies with the standards are also indicated.
One criterion in particular, height, is required to be evaluated as part of the use permit.
• Setbacks: All facility towers and accessory structures shall comply with the setback
requirements of the applicable zoning district. The antennas and accessory
equipment comply with the setback requirements of the PF zone district.
• Height:
- The antenna height shall be determined as part of the use permit as stipulated in
SLOMC §17.16.120.F.2. The maximum height of PF zone district is 35 feet and
the lightpoles/antennas would have a height of 75 feet. The proposed height of
the antennas can be considered consistent with the zone if it is determined
appropriate by the Planning Commission. Light fixtures of this height are
common to ballfields.
- All facilities shall be designed to the minimum necessary functional height. The
applicant has indicated that this is the lowest height possible considering lighting
must be incorporated with the design.
• Site Access: Telecommunication facilities should use existing roads and parking
when possible. Access to the facilities would be via existing paved streets, driveways,
and parking lot. The applicant will be redesigning the ball field parking lot and
resealing and restriping both parking lots in the park as part of the project.
ATTACHMENT_ 4�
U 11-02 (190 Santa Rosa; Cingular Wireless/Santa Rosa Park) October 23, 2002
Page 4 of 7
• Aesthetics and Visibility: Facilities shall be creatively designed to minimize the
visual impact to the greatest extent possible by means of placement, screening and
camouflage. The applicant shall use the smallest and least visible antennas possible
to accomplish the coverage objectives. Each installation shall be designed to blend
into its surroundings so that the antenna(s) and equipment are not apparent to the
casual observer. Building-mounted facilities shall appear as an integral part of the
structure. Equipment and antennas shall be compatible and in scale with existing
architectural elements, building materials and site characteristics.
- The applicant proposes to "screen" the antennas by making them look like and
function as ball field lights. While taller than the existing field lights, the
proposed height is not uncommon for ball field lighting. Option A, which would
allow the antennas to be mounted externally below the lights, does not seem to be
that obvious and results in a lesser width and tapered pole. Pole width seems to
be a more significant factor in the lightpole appearance than the exterior antenna
mount. The casual observer is not likely to notice the external antennas or
recognize them for what they are if noticed.
- The proposed storage buildings would completely hide the accessory equipment
and provide needed permanent storage for the City's recreational activities at the
park.
• All connections and conduits between the base of the antennas and support equipment
shall be under-grounded. All connections and conduits will be under-grounded.
• Lighting: All telecommunication facilities, not otherwise required to have lighting
pursuant to FAA rules, shall be unlit, except when authorized personnel are actually
present at night, and except for exempt facilities. The antennas are not lit for FAA
purposes,rather to light the ball field.
• Radio frequencies and electromagnetic exposure: A radiofrequency radiation (RFR)
report is required to submitted to verify compliance with FCC regulations. An RFR
report was provided which concludes that this facility fully complies with FCC
regulations.
Environmental Review
ATTACHMENT .�_
U 11-02 (190 Santa Rosa; Cingular Wireless/Santa Rosa Park) October 23, 2002
Page 5 of 7
A Mitigated Negative Declaration was prepared for this project and requires Planning
Commission action. The identified potential area of impact is aesthetics. The Initial Study,
proposed Mitigation Measures, and Mitigation Monitoring Program are attached for your review.
The aesthetics issues address screening the outdoor mechanical equipment from on-site and off-
site views and the recreational facility lighting.
With respect to ball field lighting, staff will be prepared to discuss the lighting analysis and
provide possible alternatives to the lighting proposal as shown in the attached plans to mitigate
potential light spill and glare.
OTHER DEPARTMENT COMMENTS:
Planning staff has worked closely with the Parks and Recreation Department and Public Works
Department in this design/redesign of the Santa Rosa Park facilities. The Parks Department finds
that the proposed improvements are consistent with its goals for the park and notes that upon
final approval of the lease agreement with the telecommunication company, these improvements
will occur much more quickly than if the City had to fund and install the improvements itself.
CONCLUSION:
It can be found that the proposal can be established and maintained without jeopardy to persons
or property within or adjacent to the proposed site and without damage to the resources of the site
and its surroundings subject to the conditions of the Architectural Review Commission related to
ARC 97-02 (attached). And specifically, with regard to height, the proposed lighting can be
found to be consistent with ball field lighting and will not subject surrounding properties to light
spill and glare in excess of existing conditions.
ALTERNATIVES:
1. Approve the project with modified conditions and/or findings.
2. Continue review of the project. Direction should be given to staff regarding desired
information or needed revisions to plans.
3. Deny the project. Alternative findings should be provided should this action be taken.
RECOMMENDATION:
Adopt the Mitigated Negative Declaration and approve the Use Permit based on the following
findings, mitigation measures and condition.
Findings-
1. The project complies with the site development and performance standards of the City's
ATTACHMENT+A
U 11-02 (190 Santa Rosa; Cingular Wireless/Santa Rosa Park) October 23, 2002
Page 6 of 7
wireless telecommunication facilities ordinance.
2. The proposal could be established and maintained without jeopardy to persons or
property within or adjacent to the proposed site and without damage to the resources of
the site and its surroundings subject to the conditions of the Architectural Review
Commission in that the proposed antennas can be considered camouflaged, as the casual
observer would not usually suspect a ball field light to be a cell tower. In addition, the
telecommunications site will comply with FCC regulations regarding radio frequency
transmissions and potential light impacts to the neighborhood would not be in excess of
existing conditions.
3. Although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because mitigation measures have been added
and agreed to by the project proponent.
Mitigation Measures
Aesthetics
1. Screen outdoor mechanical equipment from on-site and off-site views to the satisfaction
of the Architectural Review Commission.
Monitoring Program: The Architectural Review Commission will ensure any outdoor
and roof-mounted mechanical equipment will be screened from on-site and off-site views.
Building plans shall be in substantial compliance with plans approved by the
Architectural Review Commission.
2. The new ball field lights shall be directed downward as indicated in the project plans to
minimize light and glare into the adjacent neighborhood. Lighting of the skate park and
roller rink shall have maximum illumination levels of 30 foot-candles within those
respective activity areas. Park policy shall be that lights are off at 10:00 P.M.
Monitoring Program: The Architectural Review Commission will ensure compliance
through the Architectural Review process and Building plans shall be in substantial
compliance with plans approved by the Architectural Review Commission.
Condition
1. Construction/installation shall be subject to review and approval of a building permit
application prior to start of construction. Any change to approved design or other conditions
of approval, including conditions associated with ARC 11-02, must be approved by the
Director or Architectural Review Commission, as deemed appropriate.
Attachments:
ATTACHMENTT-
U 11-02 (190 Santa Rosa; Cingular Wireless/Santa Rosa Park) October 23, 2002
Page 7 of 7
1. Site and building plans (reductions)
2. Photosimulations
3. Initial Study and Mitigation Monitoring program including lighting analysis and RFR
report
(11"x 17"plans to Commissioners only.)
G:\GROUPS\COMDEV\CD-PLAN\lazevedo\PC\U 11-02(SR Park Cell Site).doc
Planning Commission Minutes
October 23, 2002 ATTACHMENT-- 4T_
Page 3
Assistant City Attorney Gil Trujillo explained any finding made by this Commission must
be supported by substantial evidence in the record.
AYES: Commr. Cooper, Osborne, Aiken, Boswell, Caruso, and Loh
NOES: None
ABSENT: None
ABSTAIN: None.
The motion carried 6-0 with one vacancy on the commission
2. 190 Santa Rosa Street. U and ER 11-02; Request to allow a wireless
telecommunication facility at Santa Rosa Park including replacement of two ball
field lights, and environmental review; PF zone; Cingular Wireless, applicant.
Associate Planner Lynn Azevedo presented the staff report recommending adoption of
the Mitigated Negative Declaration and approval of the use permit, based on findings,
mitigation measures, and conditions.
Commr. Aiken commented that this project is larger than just antennas and questioned
who is paying for it.
Paul LeSage, Director of Parks and Recreation, replied this is in the City's Capital
Improvement Plan, and the applicant is willing to do the improvements.
Commr. Aiken questioned how the lost parking spaces would be replaced.
Director LeSage replied they would expand the existing, larger parking lot by about 30-
feet to add some spaces.
Planner Azevedo explained where the pole lights would be located.
Chairwoman Loh commented about the candlelights height of 30-feet and questioned
where they would be located.
Planner Azevedo presented a photograph of where the existing and the new
candlelights would be placed.
Director LeSage explained that 30-foot candles are a standard that has been adopted
and noted the lower candle would light the two smaller facilities and the standard is
small enough that it would not be very visible.
Planner Azevedo clarified the use permit is only for the antenna lights, but the Mitigated
Negative Declaration covers the entire project.
Commr. Aiken asked if they would be looking at a lot of clutter around the installation or
would it be a neat installation.
Planning Commission Minute- ATTACHMENT
October 23, 2002 �'
Page 4
Mr. Bell replied they would be looking at a neat installation and explained how the
antennas would be mounted.
Director LeSage addressed a few of the environmental issues for the project.
Nicole Keener, Recreation Coordinator, gave a brief summary on a couple of points on
the skate park aspect of this project, which is the lighting.
Vice-Chair Osborne asked how much electricity the lights would consume.
Director LeSage responded he did not know, but the light cost is around four dollars per
hour per field.
PUBLIC COMMENTS:.
Mary Beth Schroeder, 2085 Wilding Lane, expressed disapproval of the wiring,
antennas and heavy lighting. She noted it has not been proven that it is not dangerous
to the children and suggested a more thorough environmental review be done for the
entire project.
There were no further comments made from the public.
COMMISSION COMMENTS:
Vice-Chair Osborne moved that they adopt the mitigated negative declaration and
approve the use permit based on findings, mitigation measures, and recommended
conditions, as noted in the staff report. Seconded by Commr. Caruso.
AYES: Commrs. Osborne, Caruso, Aiken, Cooper, Boswell, and Loh
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried 6-0 (with one vacancy)
Chairwoman Loh reminded the public that they could appeal the decision made by the
Commission within 10 days of the action.
COMMENT AND DISCUSSION:
3. Staff:
A. Agenda Forecast:
November 6, 2002: Bed and Breakfast Establishments Text Amendment.
November 13, 2002: Special Meeting with the PC and ARC..
Parks and Recreation Com.___�sion ATTACHMENT
Minutes for December 5, 2001
Page 2
5. Santa Rosa Park Wireless Communication Facility
LeSage reviewed the Santa Rosa Park Wireless Communication Facility report with the
Commission. Commissioners commended LeSage on the report and lease agreement. There were
two questions regarding the City's liability in an event of broken windows and Sierra Vista's radio
system. LeSage will double-check with the City Attorney,but feels this is stipulated the lease.
On a motion by Dunan, seconded by Pyper,the Commission voted unanimously to approve:
1. Draft lease agreement that allows wireless communication facilities to be located in City parks.
2. Authorize staff to negotiate with service providers to place a wireless communication facility in
Santa Rosa Park, using the draft lease agreement template as a basis for negotiations.
3. Approve the concept of accepting park improvement in-lieu of rental fees as compensation to the
City for allowing the wireless communication facility to be located in Santa Rosa Park.
LeSage requested someone from the Commission speak on behalf of the Commission at December
11`"'s City Council Meeting. Jim Neville agreed to speak.
6. Director's Report
❖ Landscape Parkways Project update. Brainstorming meeting on February 2, 2002.
43 LeSage reviewed the status of the sport fields.
7. Staff Reports
Brandi Diffenderfer, Ranger Services Coordinator introduced Ranger Jessica Kenworthy. Jessica
gave a fifteen-minute presentation that she uses with the local children as part of the Ranger's
environmental education. The Commissioners enjoyed this interactive presentation.
8. Committee Reports
None.
9. Communications
None.
Meeting was adjourned at 8:30pm.
I9Parks 8 Rec Commissionl2001OZ05.01 Minutes.doc
JulieO'Connor- (no subject) _ Page 1
From: <ANCARTER@aol.com>
To: <asettle@slocity.org>, <cmulholland@slocity.org>, <kschwartz@slocity.org>,
<jewan@slocity.org>, <dromero@slocity.org>
Date: 2/3/03 2:22PM
Subject: (no subject) RECEIVED
Dear Council Members:
FEB 0 3 2003
I recognize that there are more important items on the agenda Tuesday than
the changes to be made to Santa Rosa Park as part of the telecommunications SLO CITY CLERK
facility lease.
I'm concerned, however, that not enough thought has been given by either the
ARC or the PC to the impact of the expansion of the main parking lot. About
4000 sq. ft of the front lawn is to be turned into parking.
The ARC and the PC call for trees to be added to screen the new lot, but I'm
still concerned about the visual impact. I wonder if there is not a better
solution. Here's what I would suggest:
The new part of the lot will contain 13 parking spaces. If one were to widen
the entrance street by the Arco, 8 pull-in spaces could be added here, and
the planned lot extension could be significantly reduced. I think the visual
impact of added pavement at the entrance will be less than the visual impact
of pavement in the middle of the lawn.
In addition, by putting 8 spaces on the entrance street, less of the lawn is
actually paved. That's because one eliminates 8 spaces in the planned lot
PLUS the access driveway that goes with them (which is one-third of the
space).
Andrew Carter
CC: <Iprice@slocity.org>, <khampian@slocity.org>, <plesage@slocity.org>
ZCOUNCIL ;;7 CDD DIR
Z CAO Z FIN DIR
RED FILE ZACAO Z FIRE CHIEF
2rATTORNEY2r PW DIR
MEETING AGENDA -0 CLERK/ORIG 0 POLICE CWP
DAT �I) ITEM #� OD T HEADS E'f REC DIR
1 �UTILDIR
J7WR DIR