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D. 3
To: Board of Supervisors
From: Catherine Kutsuris, Conservation & Development
Date: December  11, 2012
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Hearing on the Bay Area Wireless Enhanced Broadband (BayWEB) Project. Motorola (Applicant) Contra Costa County, et al. (Owners) County File #FM12-0001

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   12/11/2012
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Telma Moreira (925) 674-7783
cc: Timothy Ewell, CAO     Ed Woo, DoIT     Ross Rembac, Motorola     Jason Crapo, DCD    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     December  11, 2012
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

  
A. OPEN the public hearing and take testimony on the BayWEB Project.  

  

B. CLOSE the public hearing.  

  

RECOMMENDATION(S): (CONT'D)
C. CERTIFY the Mitigated Negative Declaration (MND), California State Clearinghouse #2012082045, dated October 30, 2012, finding that it has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, and finding that it reflects the County's independent judgment and analysis, and specify that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the documents and other material which constitute the record of proceedings upon which this decision is based.  
  
D. CERTIFY that the Board has considered the contents of the MND prior to making a decision on the project.  
  
E. ADOPT the findings contained in Resolution 2012/486, which includes the CEQA determination as basis of the Board's action.  
  
F. ADOPT the Mitigation Monitoring and Reporting Program (Exhibit #3).  
  
G. DIRECT the Department of Conservation and Development to post the Notice of Determination with the County Clerk.

FISCAL IMPACT:

The construction of the BayWeb project is funded through a grant received by Motorola Solutions. The County's costs are estimated at $100,000 and includes the completion of the environmental review, mitigation monitoring costs, as well as the cost of obtaining building permits for the 15 sites (11 within city limits/4 within the unincorporated area). The cost for this project is funded by the County's General Fund.   

BACKGROUND:

  
I. PROPOSED PROJECT  
  
PURPOSE OF THE PROJECT  
  
In March of 2010, Motorola filed an application with the National Telecommunications and Information Administration (NTIA) seeking funding for the San Francisco Bay Area Wireless Enhanced Broadband (BayWEB) project. The BayWEB project is funded in large by a grant to Motorola from the United States Department of Commerce (DOC) under its Broadband Technology Opportunities Program (BTOP), which is administrated by the National Telecommunications and Information Administration (NTIA), plus a significant financial match from Motorola.   
  
The Bay Area Wireless Enhanced Broadband System (BayWEB) project was developed as a collaborative public-private partnership between Bay Area governments and agencies (through the Bay Area Regional Interoperable Communications System [BayRICS] Authority) and Motorola Solutions. This collaborative partnership intends to build, own, and operate a next-generation wireless broadband network for public safety purposes across the San Francisco Bay Area.  
  
Specifically, the BayWEB project will deploy a comprehensive Long-Term Evolution (LTE) wireless broadband network that will support data interoperability and allow participating Bay Area emergency responders (e.g. fire and sheriff dispatchers, and Medical ERs) to connect on a common dedicated data network.   
  
The BayWEB project will address a complex set of challenges confronted by public safety in the Bay Area. Because emergency responders compete with the general public for bandwidth, public safety responders' ability to respond adequately using existing broadband network is often hampered during normal daily operations, multi-car accidents, and natural disasters. The project will enable emergency responders to access dynamic multimedia applications such real-time geo-location, information about the possible dangers of road conditions, specific location of personnel and vehicles, receiving data files and video (e.g. photographs associated with Amber Alerts), and will allow for the creation of virtual command centers to be accessed from anywhere.  
  
PROPOSED UPGRADE TO THE EXISTING SITES   
  
There are 15 sites within Contra Costa County. These sites are distributed throughout the 11 incorporated Cities and 4 sites within unincorporated portions of the County.   
  
The typical upgrade would include the installation of 3 Long-Term Evolution (LTE) panel antennas, 1 to 5 microwave dishes (typically 2-3 feet in diameter), electrical cabinets, H-frame, ice-bridge, and other related electrical conduits. Antennas and microwave dishes are proposed to be collocated atop existing towers or atop existing buildings. Electrical equipment will be located within existing shelter and/or located within the site’s disturbed/fenced compound. With the exception of a new 60-foot tall monopole that will be installed at the Pearl Reservoir site (City of Richmond) and another + 50-foot tall monopole at the Turquoise site (City of Hercules), the project proposes collocation on existing free-standing towers. See attached site plan and elevations (Exhibit #6) for each individual site.  
  
SITES WITHIN UNINCORPORATED COUNTY  
  
Bald Mountain
:   
Located within a portion of the 355-acre property owned by the East Bay Regional Park District, located at 2501 Grizzly Peak Blvd, in the Orinda area.   
  
Cummings Skyway:   
Located within a portion of the 0.98-acre property located off Cummings Skyway, + 2,500 feet from Highway 4 and + 8,000 feet from Crockett Blvd. in the Crockett area.  
  
Highland:   
A 0.080-acre privately owned property located within a larger 174-acre property owned by the East Bay Regional Park District. The site is accessed through Morgan Territory Road in the Livermore area.   
  
Kregor Peak:   
Located at the end of Nortonville Road on Black Diamond trail in the City of Clayton area.   
  
SITES LOCATED WITHIN THE CITIES  
  
Tishman Building, City of Concord
:  
A 2.55-acre site owned by Center Investor. The project proposes collocation atop of the existing Tishman building located at 2300 Clayton Road.  
  
Concord Pavilion, City of Concord:   
An approximately 59-acre site owned by the City of Concord. The site is located at 2000 Kirker Pass Road.   
  
Contra Costa Fire Training Station, City of Concord:   
An approximately 12-acre property owned by the Contra Costa County Fire Protection Department, located at 2905 Treat Blvd.   
  
Nichol Knob, City of Richmond:   
An approximately 0.25-acre site owned by the City of Richmond and adjacent to East Bay Regional Parks District property. The site is located at the termination of Marine Avenue.   
  
Pearl Reservoir, City of Richmond:   
An approximately 1.75-acre site owned by the East Bay Utility Municipal District. The site is located east of the termination of Monte Cresta Avenue. A new 60-foot tall monopole is proposed for this site.  
  
County Administration Building-Pine Street, City of Martinez:  
This site is owned by the County and located at 651 Pine Street.  
  
Sheriff Dispatch-Glacier Drive, City of Martinez:  
A 22-acre property owned by the County, which houses the County Sheriff dispatch, located at Glacier Drive.   
  
Turquoise, City of Hercules:   
This is a 30.5-acre site owned by the City of Hercules. This site is located off of Turquoise Avenue. The project proposes installation of a new +50-foot monopole.   
  
Delta Station, City of Oakley:   
This is a 0.6-acre site owned by the County, and located at 210 O’Hara Avenue.   
  
San Ramon Valley Fire Protection, Station No. 31, Town of Danville:  
The site is a 1.2-acre property owned by San Ramon Valley Fire Protection Department, located at 800 San Ramon Valley Blvd.   
  
El Cerrito Police Department, City of El Cerrito:  
The site is a 1.8-acre parcel owned by the City of El Cerrito and house of the Fire/Police Department, located at 10900 San Pablo Avenue.   
  
CONSTRUCTION PHASE   
  
Construction activities for the BayWEB project are planned to start in winter 2012. The initial construction period will run through mid-2013, and includes site and structure remediation measures, new tower construction at two locations, new electrical services, microwave dish installation, and all associated interior/exterior ground installation. It is anticipated that the second phase, the Long-Term Evolution (LTE) portion of the work, is to begin in early 2014. This scope of work will include the installation of the LTE panels on the towers and all related hardware.   
  
Equipment and material staging for collocation sites will require approximately 100 square feet, inside the existing facility site. The hours of construction activities will be limited to 8 a.m.-5 p.m., Monday through Friday.  
  
II. SUMMARY OF SITES: GENERAL PLAN/ZONING, PARCEL NUMBER AND OWNERSHIP  
  

Site Name Jurisdiction Property Owner General Plan Zoning Parcel Number
Kregor Peak County County Agricultural Land (AL) A-4 075-160-009
Bald Mountain County EBRPD Parks and Recreation (PR) A-80 267-010-009
Cummings Skyway County John A. Ran Demartine Agricultural Land (AL) A-4 354-300-008
Highland County Scott Bryant Tre Agricultural Land (AL) A-80 006-900-003
Tishman Building City of Concord Center Investor Downtown Mixed Use Downtown Business 126-103-027
Concord Pavilion City of Concord City of Concord Open Space Planned District 118-040-039
Con-Fore Training City of Concord CCC Fire Protection Public/Quasi Public Single-Family Residential R-8 145-070-042
Nichol Knob Richmond City of Richmond Open Space-Recreation Lands Community and Regional Recreation District 556-101-028
Pearl Reservoir City of Richmond EBMUD Open Space-Preservation/Resource Area Community and Regional Recreation District 419-180-005
Pine Street City of Martinez County Governmental Civic 373-262-004
Glacier City of Martinez County Governmental Governmental Facility 155-280-011
Turquoise City of Hercules City of Hercules Public Open Space Public Open Space 407-062-014
Delta City of Oakley County Public-Semi Public Downtown Specific Plan 035-131-003
S.R.Fire Station No.31 Town of Danville S.R.V. Fire Protection Limited Office Limited Office District 207-012-006
El Cerrito Police Department City of El Cerrito City of El Cerrito Institutional and Utility Public-Semi Public & Planned Develop. Overlay 502-411-007
  
  
III. SITE LEASE/ACCESS AGREEMENT   
  
The County is currently reviewing each site’s lease to ensure that the lease agreement/access for each site is current or that any amendments are made, as necessary, to address access for the BayWEB project.   
  
IV. CEQA  
  
The County is acting as the lead agency for all proposed incorporated and unincorporated sites. On August 9, 2012, the Department of Conservation and Development published a Draft Initial Study/Mitigated Negative Declaration (IS/MND) which analyzed potential impacts for the proposed project. The Draft IS/MND included a 30-day public review period, ending on September 11, 2012.  
  
The Initial Study for the proposed project identified potentially significant impacts in the environmental area of Aesthetics, Biology, Cultural Resources, Geology, and Noise. Environmental analysis determined that measures were available to mitigate potential adverse impacts to insignificant levels.  
  
During the public review period, the Department of Conservation and Development received five letters. Letters were received from the California Department of Transportation (Caltrans), San Ramon Valley Fire Protection District, and Central Valley Regional Water Quality Control Board. None of these agencies’ comments related to the adequacy of the environmental document.   
  
A letter from Save Mount Diablo (SMD) included concerns regarding the lack of proper fencing for the Alameda Whipsnake. SMD is concerned about the large number of observations of the Whipsnake within certain sensitive sites and suggested that mitigations be added to require exclusion fencing at the Kregor Peak, Concord Pavilion, and Highland sites.   
  
Staff agrees with Save Mount Diablo, and the mitigations were changed appropriately to require exclusion fencing at these sites. In order to address SMD comments, corrections have been made and are included in the attached Final Mitigated Negative/Initial Study document.   
  
As part of the MND/IS notification process, the Notice of Completion was mailed to over 400 residents and occupants. The only letter received from the community was a letter from a neighbor who resides approximately 120-feet from the Con-fire Station facility in Concord (Mendonza Family of 823 Sean Place). Mr. Mendonza had concerns that the installation of the project would impact aesthetics, safety, and impact on property values. In responding to his comments, staff addressed how the project would have a less than significant impact on both aesthetics and exposure to human health, and also the benefits the project would provide to the community’s public safety network. The attached Final document includes a complete response to all comments raised.   
  
V. CONSISTENCY WITH GENERAL PLAN AND ZONING  
  
General Plan: The General Plan designations for the 15 sites include Agricultural Lands, Water Shed, and Government Facilities. Section II of this Board Order includes a table with a summary of each site’s zoning, general plan, parcel number, and ownership.  
  
The Contra Costa County General Plan identifies numerous scenic vistas (Mount Diablo, Briones, Cummings Skyway, etc.) The General Plan identifies four kinds of scenic locations in the County: (1) scenic ridges, hillsides, and rock outcropping; (2) the San Francisco Bay/Delta estuary system; (3) Scenic Highways and Expressways; and (4) Scenic Routes. The Cities also have their own scenic resources policy. Another goal of the Open Space Element is to protect major scenic ridges to the extent possible, from roadways, building of structures, and other activities that would harm the scenic qualities. The sites which are located within close proximity to scenic ridges are the Highland, Cummings Skyway, Nichol Knob, Pearl Reservoir, Turquoise, Bald Mountain, Concord Pavilion, and Kregor Peak sites. With the exception of Pearl Reservoir and Turquoise, all of these sites are existing and the proposed collocation will add equipment which will be attached to existing towers/monopoles and equipment will be either within existing equipment shelters or within the fenced compound areas.   
  
Since the project includes mostly collocation and the new monopoles will be the same height or smaller than the existing towers, they will have a negligible visual impact on scenic vistas and scenic ridges. The amount of equipment has been reduced and equipment will be designed with the smallest dimensions, to the extent possible, available from today’s manufacturing industry.   
  
The Safety Element of the County General Plan includes Section 10.11 Public Protection Services and Disaster Planning. This section includes discussion on the essential public protection services which will provide the major work force, facilities and equipment for disaster recovery. The BayWEB project will benefit the County in achieving all of its goals and policies, and specifically the project will be consistent with the following:  
  
Goal 10-N: To Provide for a continuing high level of public protection service and coordination of service in a disaster.  
  
Policy 10-83: The Office of Emergency Services, in cooperation with cities within the County, shall delineate evacuation routes and, where possible, alternate routes around points of congestion.  
  
Policy 10-84: The Office of Emergency Service, in cooperation with public protection agencies, shall delineate emergency vehicles routes for disaster response, and where possible, alternate routes where congestion or road failure could occur.  
  
Zoning: The zoning for the 15 sites varies from single-family residential, office, open space, and governmental facilities. Since the County does not have a wireless facility ordinance, the County conducts its review of wireless facilities based on the existing 1998 Telecom Policy Act. All zoning districts within the County allow for the establishment of wireless facilities after the granting of a land use permit. While a land use permit/development plan is required for the processing of wireless facilities, the purpose of the County’s Telecom Act is to restrict the establishment of commercial facilities. Due to the governmental (non-commercial) nature of this project, most Cities’ ordinances qualify the project for an exemption.   
  
At the County level, the proposed project would benefit the public safety network system of the community at large, and under no circumstance, will the project cause a conflict with any zoning district within Contra Costa County.  
  
VI. CONCLUSION  
  
The purpose of the BayWEB project is to provide a regional public safety solution to improve public safety network interoperability during emergency events. The project will be very beneficial to enhance the public safety communication system for the entire Contra Costa County. Staff recommends the Board approve the BayWEB project and certify the Final Mitigated Negative Declaration (MND) finding it to be adequate and complete, and that it has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines.

CONSEQUENCE OF NEGATIVE ACTION:

Should the Board deny this application, the project will not meet its purpose of upgrading the existing public safety facilities. The public safety network would continue to operate in an impaired fashion.

CHILDREN'S IMPACT STATEMENT:

The project will have no negative impact on children.

CLERK'S ADDENDUM

CLOSED the public hearing; CERTIFIED the Mitigated Negative Declaration (MND), California State Clearinghouse #2012082045, dated October 30, 2012, finding that it has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, and finding that it reflects the County's independent judgment and analysis, and specify that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the documents and other material which constitute the record of proceedings upon which this decision is based; CERTIFIED that the Board has considered the contents of the MND prior to making a decision on the project; ADOPTED the findings contained in Resolution 2012/486, which includes the CEQA determination as basis of the Board's action; ADOPTED the Mitigation Monitoring and Reporting Program (Exhibit #3); DIRECTED the Department of Conservation and Development to post the Notice of Determination with the County Clerk.

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