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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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-