Loading...
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