HomeMy WebLinkAbout12/11/2001, BUS 5 - SANTA ROSA PARK WIRELESS COMMUNICATION FACILITY council �"° Z
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C I T Y OF SAN LUIS OBISPO
FROM: Paul LeSage, Parks and Recreation Director
Prepared By: Paul LeSage, Parks and Recreation Director
Whitney McIlvaine, Associate Planner
SUBJECT: SANTA ROSA PARK WIRELESS COMMUNICATION FACILITY
CAO RECOMMENDATIONS:
1. Approve the concept of accepting park improvements in lieu of rental fees as
compensation to the City for allowing 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 proposed lease requirements as a basis for
negotiations.
DISCUSSION
Background
On October 17, 2000, the City Council approved interim guidelines for the installation of
telecommunication antennas on City-owned property. The guidelines require the following:
1. Concurrence by the Department Head responsible for the facility that the installation
project will not adversely affect the facility's operations.
2. Fire Department approval to assure compatibility with the City's existing radio systems.
3. Community Development Director concurrence that there would not be any adverse land
use or visual effects.
4. The lease will be a non-exclusive agreement.
5. The City Council will approve all lease agreements on a case-by-case basis.
Normally, a cellular site agreement would permit a provider to place equipment in a building or
fenced area and erect an antenna. In exchange, the provider would pay the landowners a lease
fee. The landowner, in this case the City, would prepare and execute a lease agreement with the
cellular provider that would govern the transaction.
Opportunity for Mutual Benefit
Recently several cellular communications companies approached the City requesting permission
to place a wireless communication facility in Santa Rosa Park. Due to the demand for wireless
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Council Agenda Report—Santa Rosa Park Wireless Communication Facility
Page 2
services in that portion of the City, primarily associated with the Cal Poly campus, cellular
providers need more capacity. Santa Rosa Park is a prime capacity site due to its location.
Additionally, Santa Rosa Park is an attractive location because of the potential to reduce the
visual impact of the cellular equipment (for instance, the antenna might be disguised as a park
feature such as a light pole).
The original contact from the cellular providers requested a typical lease/fee agreement from the
City for use of Santa Rosa Park as a cellular site. However, a Capital Improvement Project(CIP)
already planned for the park has created an opportunity for the City. Approved as part of the
2001-03 Financial Plan, the Santa Rosa Park Improvement Project is designed to enlarge the park
softball field by removing the parking lot in the center of the field. (The right field side of the
field is short and balls are routinely hit over the fence and into the parking lot, creating a
significant safety hazard.) Also included in the project is the replacement of one light pole on the
field by two poles, to provide better field coverage while minimizing lighting spillover. Even
though this is an approved project, its implementation.is at least two years away because of the
ongoing shortage of project management staff in the Engineering Division. The cellular
providers have expressed an interest in completing this project for the City, provided they can
locate antennas on the light poles and receive a credit for the site rent in an amount equal to the
value of the improvements.
In the end, there is no difference fiscally to the City whether improvements or rental fees are
received for allowing a cellular site in Santa Rosa Park. The savings are in staff time and the
speed in which the improvements can be completed. Having this project essentially completed
by the cellular providers, under strict City supervision, requires significantly less work for staff
than if the Engineering Division were to manage this as a standard City contract.
Site improvements
As noted in Attachments 1 and 2, the site improvements for Santa Rosa Park include the
following:
1. Removal of the central parking lot.
2. Irrigated turf where the asphalt was removed.
3. Relocation of the softball field right field fence from the east to the west of the newly
turfed area.
4. Replacement and relocation of 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. Construction of a 264 square foot building for cellular equipment on the north side of the
softball field.
6. Construction of a 504 square foot building located on the east side of the basketball court
for communications equipment and storage for skate and blading program.
7. Installation of a retaining wall at the south end of the former parking lot.
Proposed Lease Agreement Summary
Approval of this item would authorize staff to negotiate with cellular service providers to place a
wireless communication facility in Santa Rosa Park. The proposed agreement would permit the
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Council Agenda Report—Santa Rosa Park Wireless Communication Facility
Page 3
location of the wireless communication facility in Santa Rosa Park, facilitate park improvements,
and protect the City's interest. Highlights of the proposed agreement include the following:
1. Lessee will be required to insure that the facility will not interfere with City
operations in the park.
2. Lessee will be required to obtain all appropriate permits and approvals, subject to
review by the Parks & Recreation Commission, the Architectural Review
Commission, and the Planning Commission.
3. Lessee would construct - at its sole cost — site improvements to the park that are
noted in the previous section of this report..
4. Park improvements would be required to go through the normal City development
review process, and managed and constructed as a public construction project,
which includes competitive bidding, and the payment of prevailing wages.
5. Lessee rights would be limited to operation of an approved cellular site, subject to
the approval of the Fire, Police, and Public Works Departments, and which, per
Council directive, must not interfere with City communication frequencies.
6. No wireless communication facility could be operated if it proposed a threat to
public health. The facility on-site may not produce power densities that exceed
the FCC's Maximum Permissible Exposure (MPE) limits. The draft lease
agreement would spell this out in detail and ensure the safety of the public.
7. The rent for the site, calculated in the agreement, would be waived until such
time as the value of the rent matches the actual cost of improvements. The value
of the improvements is estimated at $200,000. Once this "cap" has been reached,
the Lessee would then pay the agreed upon rental fee to the City.
In addition to the above agreement highlights, the goal would be the installation of a cellular site
that should not be visibly noticeable at all. The Lessee would be required to maintain the
wireless communication facilities in the same manner as the City maintains the park. The Lessee
would be prohibited from placing any signage on the premises. The lease would not be
transferable without the City's permission. The agreement also contains standard City language
that protects the City in the event of liability, default, indemnity and/or failure of the.Lessee to
honor the terms of this agreement.
General Plan Conformity
The proposed field and lighting improvements to Santa Rosa Park, in exchange for leasing a
limited area for commercial use, is supported by the following policies and programs in the Parks
and Recreation Element:
Policy 1.33.2— Recreation facilities shall be developed and operated, and services
delivered in the most efficient and economical methods possible.
Policy 1.33.8 — Parks and Recreation facilities and activities should be developed
whenever possible as collaborative efforts with school districts, colleges,
private entities, and non-profit organizations.
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Council Agenda Report—Santa Rosa Park Wireless Communication Facility
Page 4
Policy 2.51.5 - Park amenities will be developed based upon funding availability and
demand.
Policy 2.59.2- The City will encourage private agencies to support or provide facilities to
satisfy unmet demands.
Policy 4.10.6- Requests for easements or the placement of privately owned equipment or
structures in City parks, such as utility structures and antennas, is subject
to the review of the Parks and Recreation Commission and approval of the
City Council. Revenues derived from these activities shall be credited to
the Parks and Recreation Department.
Program 5.10.1 - Continue to improve existing fields through renovation and providing
resources for maintenance.
Next Stens
If City Council endorses this action, staff will proceed with negotiations and return for final
approval of a lease agreement. Consistent with the interim telecommunication policy, and as
required by the Municipal Code, the project will be reviewed by the Architectural Review
Commission and the Planning Commission. The Parks and Recreation Commission will also
review this project.
CONCURRENCES
In approving the Park and Recreation Element on December 6, 2000, the Parks and Recreation
Commission added Policy 4.10.6 to the Element (Attachment 3). That policy regulates the
installation of antennas and structures in parks.
The Parks and Recreation Commission was briefed on the Santa Rosa Improvement Project at a
site tour held on July 11, 2001. The Parks and Recreation Commission will review this specific
proposal at their December 5, 2001 meeting. The results of that review will be made available to
the Council prior to the December 11`'meeting.
The Parks and Recreation Director, Fire Chief, and Community Development Director find that
this project is consistent with the interim guidelines for the installation of telecommunication
antennas on City-owned properties adopted by the City Council on October 17, 2000.
FISCAL IMPACT
1. Potential Lease Revenue
The Finance Department estimates the potential rental fee for use of this site at $17,500 per year
per provider. Since this project will involve two cellular companies, the potential revenue is
$35,000 annually.
Council Agenda Report—Santa Rosa Park Wireless Communication Facility
Page 5
2. Current Project Costs and Funding
The 2001-05 Capital Improvement Plan allocates $190,000 to this project. Of this amount;
$127,500 is funded through the Parkland Development fund and $62,500 through a Roberti-
Z'berg-Hams per capita grant funded by Proposition 12. Including the cost of the Skate Park
storage building this project has a value of$200,000.
3. Savings to the General Fund
The funding allocated to the Santa Rosa Park.Improvement Project is not from the General Fund.
Those funds, from the Parkland.Development Fund and Proposition 12, can be reallocated to any
number of park improvement projects found in the 2001-05 Capital Improvement Plan.. Staff
does estimate that approximately $40,000 will be needed to re-align the Santa Rosa Park parking
lot, (unless the cellular providers are willing to extend the lease agreement for another year to
cover this cost) in order to recover the parking lost by removing the existing parking lot..
ALTERNATIVES
1. The City Council could choose to complete the Santa Rosa Park Improvement Project in
the normal manner, then lease a cellular site to a local provider for an annual fee. The
City would, in effect, "front" the money for the park improvements and receive lease
income that would eventually cover the cost instead. The value to the City would be
equal regardless of the choice, but this alternative would require significantly more staff
work and time to implement the CIP.
2. The City Council could determine that no lease should be granted for a cellular site at
Santa Rosa Park, and complete the CIP in the normal manner, with Engineering Division
staff managing_ the project. Since the funding is already allocated for this project, there
would not be a net financial loss to the City. There would also be no net gain, either in
the value of the improvements that could be provided; or in ongoing rental fees.
ATTACHMENTS
1. Renovation of Santa Rosa Park with cellular sites
2. Detail of storage buildings
3. Elevations of the light poles
4. Current Santa Rosa.Park Plan
5. Park Improvement Plan without cellular sites
6. Parks and Recreation Commission Minutes of December 6, 2000
A proposed draft lease and plans from cellular providers are available in the Council Reading
File
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ATTACHMENT 1
EXHIBIT C-1
Renovation of Santa Rosa Parts
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PARKS AND RECREATION COMMISSION
MINUTES
WEDNESDAY,DECEMBER 6,2000
CITY-COUNTY LIBRARY CONFERENCE ROOM
CALL TO ORDER: Chair Neville called the meeting to order at 7:00 p.m.
ROLL CALL: Chair Jim Neville, Commissioners Debbie Black, Gary
Clay, Pete Duncan, Teresa Larson, and Ron Regan
ABSENT: None
STAFF: Paul LeSage, Larry Tolson, Linda Fitzgerald,James
Bremer, and Carolyn Goossens
PUBLIC COMMENT
Bill Wilson, San Luis Obispo resident, spoke in support of the realignment of Prado
Road
CONSIDERATION OF MINUTES
The Minutes of November 1,2000 were unanimously approved as presented.
ITEM#1: VOLUNTEER OF THE MONTH
This item was continued to next meeting.
ITEM#2: APPROVE UPDATED PARKS AND RECREATION
ELEMENT/MASTER PLAN
Paul LeSage recognized Linda Fitzgerald for an excellent job of formatting the revisions
to the Element/Master Plan. The Commission reviewed and discussed various sections of
the element including:
A. established that the Eto Memorial Park meets an unmet need by being a mini-
park of the Parks &Recreation facilities.
B. Create a new section for"adopted Master Plans"
C. page 36, add Community Center verbiage to last paragraph
D. page 10, 2nd paragraph,replace"special needs"with"specialty facilities"and
add terminology of key words, i.e. passive recreation, special needs, youth at
risk,parkways, etc.
E. page 19—2.58.2 identify what"case-by-case"means
F. page 22—3.21.2 end sentence at"additional fee".
G. Page 22, questioned meeting the needs of"entire population"
H. Page 36, last paragraph, change"Youth Athletic Fields"to "Athletic Fields"
Chair Neville opened the discussion for public comments.
ATTACHMENT, (�
Richard Kreit, San Luis Obispo, encouraged maintaining athletic fielob as an unmet need
of SLO. He would like to see more lighted fields for Babe Ruth and Girls Softball who
are willing to participate in the maintenance of those fields. j
Ron Regier, representing the Youth Sports Association, spoke in support of establishing a
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master plan among all sports organizations and the city. He also supported athletic fields
area#1 unmet need.
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Bill Wilson, SLO resident, questioned proposed fields suggested for diamond fields. He
spoke in support of needed facilities for soccer players.
Mitch Wolf, representing Babe Ruth Baseball, commented on the lack of usable facilities
and the need for full size fields for baseball.
Jeff Wagner,representing AYSO, spoke in support of more facilities and the strong need
to meet the needs of many participants.
Paul LeSage recommended moving"lighted softball fields"to the 0-4 year goal. He i
reviewed the Council Goal setting session and indicated that all requests must be
submitted to Council by January 5, 2001. The recommendations from the Commission
should also support the current Element.
After much discussion,moved by Neville/Black to approve the updated Parks & �
Recreation Element;motion passed unanimously.
ITEM#3: STATUS OF DAMON-GARCIA SPORTS FIELDS PROJECT
Paul LeSage gave a brief report on the proposed realignment of Prado Road as it relates
to the Damon-Garcia Sports Fields. The City Council has continued this item to January
9, 2001. Paul recommended the Commission discuss this item at the next meeting
allowing time to receive additional information before making a recommendation to the
City Council. He indicated the proposed alternatives 1) will not change obtaining 4 fields
or prolong the project; 2)has not been reviewed by the Transportation Managers—will
be in Phase 2; 3)will require Tank Farm to have a General Plan amendment (6-9
months); and 4)will need some additional environmental studies but not a large project. i
Paul recommended the Commission urge the Council to take action and not delay the I
project.
Bill Wilson, SLO resident, spoke in support of the realigning to Tank Faun and strongly
urged the Commission to their obligation to protect the safety of the children.
1
Richard Kreit, SLO resident, encouraged the Commission to support Paul's
recommendation not to delay this project.
The item was continued to the January meeting.
t
MEETING
-II-� I AGENDA
C. ITEM #
�IIu�����ii�uIIIII�IP"' III�U
council mcmo.Ranbum
:city o san tuffs osispo, packs ana uEcuEat>on
December 6, 2001
TO: City Council
NCIL ❑ CDD DIR
VIA: Ken Hampian, City Administrative Officer ❑ FIN DIR
IrAoAo, ❑ FIRE CHIEF
AVdRNEY ❑ PW DIR
FROM: Paul LeSage, Director of Parks and Recreation LERK/ORIQ ❑ P�ICE CHF
_ ❑ PT EAD R'REC DIR
SUBJECT: Item B5 - Additional Information C] UTIL DIR
❑ HR DIR
Santa Rosa Park Wireless Communication Facility
On December 5, 2001, the Parks and Recreation Commission approved by unanimous vote (7:0)
the following recommendations for the Santa Rosa Park Wireless Communication Facility:
1. Approve the concept of accepting park improvement in lieu of rental fees as
compensation to the City for allowing 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 proposed lease requirements as a basis for
negotiations.
RECEIVED
DEC 06 2001
SLO CITY COUNCIL