HomeMy WebLinkAbout(2006, 10/10) - L-23 - AmendedTHE SITING OF WIRELESS TELECOMMUNICATIONS EQUIPMENT
ON CITY-OWNED LAND
PURPOSE
To describe the manner in which specific city-owned or city Trust properties may be
used as locations for wireless telecommunications devices that transmit voice or data.
POLICY
It is the policy of the City to effectively balance the needs of its residents, visitors, and
businesses to use and have access to state-of-the-art wireless telecommunication
systems (such as wireless Internet, voice, and other data communications) with the
needs of residents to safely and effectively enjoy their property. This Policy shall be
used when considering applications to install wireless communications devices on City-
owned or City-held property by any wireless telecommunications provider or siting
company.
A.PERMIT REQUIRED
All telecom facilities proposed to be located on City-owned or City-held
trust property must first apply for and receive a permit under the
provisions of Chapter 15.70.
All proposals affecting City-owned or City-held trust property shall be
processed via this Policy through the Planning Department. Successful
projects shall receive a "Telecom Permit."
B.AGREEMENT REQUIRED
All telecom facilities located on City-owned property or City-held Trust property
must have an agreement approved as to form by the City Attorney and approved
as to substance (including, but not limited to, compensation, term, insurance
requirements, bonding requirements, and hold harmless provisions) by the City
Manager.
C.CITY SITES ELIGIBLE OR INELIGIBLE FOR FACILITY PLACEMENT
Sites Eligible for Use. The City Council has determined that the following
City locations are acceptable for placement of wireless devices:
1
ao
f.
g.
h.
i.
j.
k.
1.
L-23
Fire Stations
Newport Beach City Hall
Parks
Police Headquarters
Lifeguard Headquarters
Piers
The OASIS Senior Center
Medians and parkways along public streets
The Central Library and Branch Libraries
The Utlifies and General Services Corporate Yards
Qualifying City-held easements
Streetlights (following certification and acceptance by the Utilities
Department of an effective test of the facility’s impacts to the light
standard under various environmental conditions)
Traffic Signal poles (following certification and acceptance by the
Public Works Department of an effective test of the facility’s
impacts to the traffic signal pole under various environmental
conditions)
Sites Ineligible for Use. The City Council has determined that the
following City locations are unacceptable for placement of wireless
devices in accordance with the entirety of this Policy:
Open space areas owned by the City where placement of facilities
in these areas would aesthetically impair the pristine nature of the
area.
COMPENSATION AND TERM
The City Manager shall follow these rules when developing any Agreement for
the placement of any wireless device on City property:
Compensation shall be equal to fair market value, taking into account rent
charged by owners of public or private properties within Newport Beach
or neighboring cities for a similar type of facility and location. Such
compensation shall be determined via a Rent Survey conducted by the
City Manager’s Office.
The Agreement shall provide for a specific term to be determined by the
City Manager. Where the term exceeds five (5) years, at the fifth year and
every five years thereafter, rent shall be adjusted to fair market value
Using the Rent Survey ("Market-Based Adjustment").
3.The Agreement shall provide for the following rent adjustments:
ao
Do
Rent shall be adjusted annually by the Consumer Price Index for
All Urban Consumers, Anaheim-Riverside-Los Angeles or a similar
index; and
At the end of five (5) years of the Agreement term and every five
years thereafter, the Market-Based Adjustment described above.
°The Agreement shall require the applicant to post a bond, letter of credit,
or other financial security/securities ("Financial Security") in an amount
that equals or exceeds the anticipated cost of removing the facility or
facilities and repairing any damage to City property at the completion of
the Agreement term or in the event that the applicant ceases use of or
abandons the facility or otherwise does not remove the facility. The
Financial Security shall name the City as eligible for receipt of the
Financial Security’s proceeds in the event that the applicant ceases use of
or abandons the facility.
EFFECTIVE DATE AND COUNCIL NON-CONSENT
The City Manager shall notify (via memorandum or similar
correspondence) the City Council as to a pending Agreement for
telecommunications facilities on public land. The Agreement shall take
effect forty-five (45) days after the City Manager’s notification of the City
3
Council unless called up by a City Council member within 30 days of the
City Manager’s notification of City Council of a pending Agreement per
this section.
A City Council member reserves the right to, at any time and for any
purpose, not consent to the City Manager’s issuance of an Agreement
under this Policy. The City Council may do so by notifying the City
Manager of the Council member’s intent to bring the Agreement before
City Council. The Council member must express this intent in writing or
at a formal Council meeting not more than 30 days after the City Manager
has notified the City Council of a pending Agreement. Should the City
Council not consent to the issuance of an Agreement, the Agreement shall
not become effective.
F.PROPOSALS FOR EQUIPMENT IN THE CITY RIGHT-OF-WAY
This policy shall not apply to Encroachment Permits (Telecom) for the use of
right-of-way. Title 13 of the Newport Beach Municipal Code shall govern
consideration of Encroachment Permits (Telecom).
G.CITY COMMUNICATIONS SYSTEMS EXEMPT
This policy shall not apply to any communications system used by City
personnel for communications deemed necessary for city operations.
Adopted - September 24, 2002
Amended - October 10, 2006
4