HomeMy WebLinkAbout2002-12-03; City Council; 16993; Review of Wireless Communication FacilitiesAB# 16,993
MTG. 12-3-0 2
DEPT. PLN@
CITY OF CARLSBAD - AGENDA BILL
TITLE: DEPT. HD.
W
INDEPENDENT CONSULTANT REVIEW OF WIRELESS
COMMUNICATION FACILITIES CITY ATTY.
/ CITY MGR
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2002-347 , DIRECTING staff to prepare
amendments to (1) Council Policy 64 on Wireless Communication Facilities to incorporate provisions
for third party review, and (2) the City’s fee schedule establishing a mechanism to pay consultant
fees and the related city administrative expenses.
ITEM EXPLANATION:
On October 2, 2001, the City Council (1) adopted Council Policy 64, establishing guidelines for the
review of wireless communication facilities, or WCFs, and (2) requested staff to study the feasibility
of hiring an unbiased consultant to review WCF applications.
After completing its study, staff recommends the City hire an independent consultant for specific
purposes. Below is a brief summary of the study results as well as suggested actions to implement
third party review in Carlsbad.
Independent Consultant Use in Other Cities
While many cities require third party review, many others do not.
Generally, jurisdictions require the applicant to pay consultant’s fees.
Benefits of an Independent Consultant
Availability of an expert, objective analysis would provide the City with the necessary and
appropriate information to make an independent evaluation and respond to challenges,
appeals, and other requests for review.
Consultant review would assist in compliance with the 1996 Telecommunications Act.
Carlsbad would realize better implementation of Council Policy 64 objectives.
Consultant Availabilitv and Review Details
Consultants are available that regularly provide WCF review services to local governments.
Analyses of radio frequency (RF) emissions and cell site coverage (i.e., verifying the need for
a new antenna to fill a hole) are types of reviews consultants commonly perform for cities.
An analysis of RF emissions and cell site coverage might cost under $5,000 and take two
weeks. However, time and cost varies depending on project complexity.
Sussested Parameters for Independent Consultant Review
Most wireless communication facility proposals comply with Council Policy 64 guidelines. Therefore,
staff believes third party review in Carlsbad is necessary only in limited instances. In addition, the
City needs to apply independent review to proposals in a fair and consistent manner. Accordingly,
third party review should be:
Required of any WCF proposed in a location Policy 64 deems as less desirable, such as in a
residential area or on a new ground-mounted pole, to determine if the proposal is needed for
coverage and/or if other, alternative locations exist.
0 Required of any WCF application that is not “categorically excluded” from having to
determine compliance with FCC RF emission standards.
0 A mandatory, not discretionary, part of the initial staff review.
Paid for by the applicant, not the City.
PAGE 2 OF AGENDA BILL NO. 16,993
ImDlementinq Independent Consultant Review
If the City Council concurs that the hiring of an independent consultant is feasible and desirable, staff
anticipates proceeding with the following work plan. Note that the work plan calls for the hiring of
two consultants - one to help develop third party review provisions and the other to actually review
the WCF proposals.
0 With technical assistance from a consultant, Staff will prepare amendments to Council Policy
64 to include third party review provisions for those proposals that are (1) planned in less
desirable locations (per the Policy) and (2) not categorically excluded with respect to RF
emissions. The consultant will also develop a checklist that applicants can complete and
staff can check to determine whether or not a WCF is categorically excluded. Amendments
to the Policy will require Council approval.
0 Staff will recommend amendments to the City’s fee schedule to require applicants to pay for
(1) the city costs to administer a consultant contract, and (2) the consultant fees to review a
WCF proposal. These amendments will require Council approval.
As a final part of the implementation process, staff will need to select a consultant to perform
the specified third party review. Since most proposals comply with Council Policy 64 and
are likely to be categorically excluded, staff expects third party review will be triggered
irregularly and no more than a few times per year.
Implementation of third party review as outlined above will take approximately six months. The
implementation must occur before any applicants are subject to third party review.
Other Related Information
While staff believes third party review is only necessary for those tasks herein specified, consultants
will be asked, through the RFQ/RFP process, to identify other of their services that might help the
City. Based on this input, staff may recommend other revisions to Council Policy 64 and other uses
of consultant review.
Additionally, staffs use of Council Policy 64 over the past year has revealed that some changes,
other than those needed to implement independent consultant analysis, would improve the policy’s
effectiveness. Staff will propose these changes as part of the policy amendment to incorporate the
third party review provisions.
ENVIRONMENTAL IMPACT:
The recommended action is exempt from the California Environmental Quality Act pursuant to
CEQA Guideline 15306. This guideline exempts research that does not cause a major disturbance
to an environmental resource and that is part of a study leading to an action a public agency has not
yet approved, adopted or funded. The Planning Department will file a Notice of Exemption with the
County Clerk.
FISCAL IMPACT:
Consultant expenses to assist staff in crafting third party review standards and a checklist on a
proposal’s RF emissions should not exceed $5,000; the funding source for this would be the
Planning Department’s budget for miscellaneous expenses. The city will also realize general
administrative costs associated with consultant hiring and contract administration, review of
consultant work, and preparation of the amendments to accommodate third party review. Staff
proposes that applicants pay expenses associated with the actual third party review of individual
WCF proposals and the associated city administrative costs.
EXHIBITS:
1. City Council Resolution No. 2002-347
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RESOLUTION NO. 2002-347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DIRECTING STAFF TO PREPARE
AMENDMENTS TO (1) COUNCIL POLICY 64 ON WIRELESS
COMMUNICATION FACILITIES TO INCORPORATE
PROVISIONS FOR THIRD PARTY REVIEW AND (2) THE CITY’S
FEE SCHEDULE TO REQUIRE THE APPLICANT TO PAY
THIRD PARTY REVIEW FEES AND RELATED CITY
ADMINISTRATIVE COSTS.
WHEREAS, on October 1 2001 , the City Council (1) adopted Council Policy 64
on Wireless Communication Facilities (WCF) and (2) requested staff to study the feasibility of
hiring an independent consultant to review applications for such facilities; and
WHEREAS, after completing its study, staff determined the hiring of an
independent consultant is feasible. Staff found that (1) a number of cities require independent
consultant, or third party, review; (2) consultants are available to provide WCF review services
to local governments; and (3) jurisdictions generally require the applicant to pay the costs of
third party review.
WHEREAS, staff also found that hiring of an independent consultant is desirable.
Among other things, an independent consultant will provide the City with an objective, expert
opinion, and will help the City comply with the federal Telecommunications Act of 1996; and
WHEREAS, to implement third party review, the City will need to amend Council
Policy 64; and
WHEREAS, the City will also need to amend its fee schedule so that applicants
pay the consultant fees charged to review WCF proposals and the related city administrative
costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That Planning Director is directed to prepare amendments for Council
consideration to (a) Council Policy 64 to incorporate provisions for third party
review and (b) the City’s fee schedule so applicants pay the consultant fees
charged to review WCF proposals and the related city administrative costs. 3
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PASSED, APPROVEDl AND ADOPTED at a regular meeting of the City Counci
of the City of Carlsbad on the 3rd day of DECEMBER 2002,
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ATTESA
XORFINE M. WOOD, Cit'y Clerk
(S EAL)
?age 2 of 2 of Resolution No. -2-