PISMO BEACH COUNCIL AGENDA REPORT

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PISMO BEACH COUNCIL AGENDA REPORT SUBJECT/TITLE: RADIO TOWER FACILITIES SHARING AGREEMENT RECOMMENDATION: By motion, provide the City Manager authorization to keep the Emergency Services Radio

EXECUTIVE SUMMARY: At the October 20, 2009, City Council Meeting, the City Council adopted a Resolution containing several approvals relating to the Emergency Services Radio Repeater Tower

The construction crews are in the midst of finishing work on the Hillcrest site.

Reservoir antenna site. Unfortunately, the City has received no response to its November 2 nd proposal. Staff is concerned that the lack of response may jeopardize completion of the project.

The result of this amendment would be that the new Bello Street Radio Tower would be built entirely on City owned land behind the Police Department building.

1 PISMO BEACH COUNCIL AGENDA REPORT SUBJECT/TITLE: RADIO TOWER FACILITIES SHARING AGREEMENT RECOMMENDATION: By motion, provide the City Manager authorization to keep the Emergency Services Radio Repeater Tower construction schedule on track. EXECUTIVE SUMMARY: At the October 20, 2009, City Council Meeting, the City Council adopted a Resolution containing several approvals relating to the Emergency Services Radio Repeater Tower Project. The Cities of Grover Beach and Pismo Beach have signed a Facilities Sharing Agreement for the tower that will be erected at the Hillcrest Water Reservoir antenna site. The construction crews are in the midst of finishing work on the Hillcrest site. The Council also authorized the City Manager to finalize a Facilities Sharing Agreement with the Lucia Mar Unified School District (LMUSD) to erect a new radio tower at the Bello Street Water Reservoir antenna site. Unfortunately, the City has received no response to its November 2 nd proposal. Staff is concerned that the lack of response may jeopardize completion of the project. The City Manager is requesting authority to have the Director of Community Development process a minor amendment to the previously approved project permit. The result of this amendment would be that the new Bello Street Radio Tower would be built entirely on City owned land behind the Police Department building. As a result, all revenues from the Metro PCS cell apparatus located on the tower would accrue only to the City of Pismo Beach. FISCAL IMPACT: City revenues will increase. OPTIONS: 1. Provide the City Manager the requested authorization. 2. Continue to negotiate with LMUSD and possibly derail the tower construction schedule. 3. Provide other direction. ATTACHMENTS: 1. October 20, 2009 Staff Report 2. Facility Sharing Agreement and Cover letter dated November 2, 2009 Prepared by: Kevin M. Rice, City Manager Meeting Date: March 2, 2010 City Manager Approval: Page 1

2 PISMO BEACH COUNCIL AGENDA REPORT SUBJECT/TITLE: A RESOLUTION APPROVING THE ACTIONS NECESSARY TO COMPLETE THE EMERGENCY SERVICES RADIO TOWER PROJECT RECOMMENDATION: By motion, adopt Resolution approving the actions necessary to complete the Emergency Services Radio Tower Project. EXECUTIVE SUMMARY: Staff has completed preparations necessary to facilitate construction of an upgraded radio system to serve the City Police and Public Works Departments. The upgrades consist of three new radio tower sites with upgraded antennas and radio equipment. The three sites include the Avila Hilltop (known as Ontario Ridge), the Grover Beach Hillcrest Water Reservoir site and the Pismo Beach Bello Street Water Reservoir site. MetroPCS, a communications provider, has offered to construct the three radio tower sites and the radio equipment enclosures at each site that are needed by the City for the City s proposed communications upgrade project in return for approval to locate their communication antennas on the City s towers. In addition, MetroPCS has requested two new MetroPCS antennas at City Hall on Mattie Road. In order to proceed with construction the City will need approved lease agreements and a MOU with MetroPCS, approved facilities sharing agreements with Grover Beach and Lucia Mar School District and authorization to proceed with the equipment purchases and installation. Project Background The City s existing public safety and public works radio systems cannot provide complete and reliable radio communications throughout the City. The deficiencies are caused by a lack of adequate antenna locations and existing radio equipment that cannot provide the features needed for reliable and clear communication. In addition, the existing system cannot be modified to transmit valuable digital information that could assist city personnel in the event of an emergency response. Discussion Cannon, the City s engineering design consultant for the tower project, has completed the design of the City s new radio communications system. The system identified by Cannon and recommended by staff as the most appropriate for the City s budget and needs is a multicast system. The proposed system offers the following features: 1. Three new towers, one at the Avila Hilltop, one at the Grover Beach Hillcrest Water Reservoir and one at the Pismo Beach Bello Street Water Reservoir, will accommodate all existing City communications antennas including police, public Page 2

3 works and SCADA antenna(s) without any interference issues that might degrade the quality of transmission. 2. The new towers will provide complete coverage within Pismo Beach city limits for the Police Department communications system. 3. The new towers will provide similar upgrades to communications coverage for the Public Works Department. 4. The new towers will be suitable for the future addition of microwave antenna arrays with digital signal capabilities without diminishing the operation of the existing system antennas. MetroPCS has offered to install the City s towers at Avila, Grover Beach and the Bello Reservoir Site and to purchase and install equipment enclosures in exchange for a position on the City radio towers. In addition, MetroPCS is requesting approval to enter into a lease agreement with the City to install two new antennas at City Hall. These antennas would be housed on top of two new light poles in the parking lot. A schematic site plan is attached to show the proposed locations. The light poles would be decorative and would approximate the style of the existing lights in the parking lot. Planning Commission approved this option at their July 28 th meeting. MetroPCS has prepared final plans for construction of the new antenna sites. These plans have been reviewed and approved for building permit submittal. Staff has prepared draft lease agreements (see attachments) for the City Hall antennas and the Bello Street Water Reservoir antennas. Staff has also prepared a draft MOU that outlines responsibilities of each party involved in the antenna site agreements. The major understandings between MetroPCS and the City are as follows: 1. Plans & Permits. Pismo Beach has already retained an engineering firm to prepare plans for two of the three antenna locations. Pismo Beach has secured, or is in the process of securing use permits and building permits for these antenna sites. MetroPCS acknowledges that it must secure its own permits for its proposed installations, and will coordinate with Pismo Beach s designated engineering firms to revise the plans at MetroPCS s cost to incorporate MetroPCS s facilities in addition to Pismo Beach s plans. MetroPCS will then apply for all necessary permits and approvals to build its facilities. 2. Lease Agreements. Pismo Beach has already secured the real estate rights to operate facilities at the Avila hilltop and Grover Beach sites. MetroPCS must enter into separate lease and easement agreements for the right to operate its facilities at these sites. 3. Materials. Pismo Beach will purchase and store until construction, at its sole expense, the proposed towers for the Bello Street, Grover Beach and Avila Hilltop sites, and its own radios, antennas and cables. MetroPCS will secure its own radios, antennas, microwaves, and cables. Metro will purchase the enclosure for the City s radio equipment at the Avila location and provide a Page 3

4 pad and gated enclosure for the City s cabinet mounted equipment at the Bello site. 4. Contractor. While MetroPCS s permit applications are being reviewed, it will advertise for bids for installation of the towers and enclosures at the three sites. The bidding and subsequent work will comply with the state prevailing wage and bidding requirements. MetroPCS will award the work to the most qualified contractor and have the contractor prepared to start work as soon as permits have been secured and all materials are available. 5. Construction. MetroPCS is a commercial operator of wireless telecommunications facilities and has considerable experience building these sites quickly and inexpensively. Once MetroPCS obtains its use permits for the three sites it will have its contractor construct the joint facilities: prepare the sites, perform the general civil construction, install the towers, cables, shelters and antennas, and connect the sites to their respective utility sources. Pismo Beach will have its own telecommunications vendor install the City s radio equipment. 6. Utilities. Pismo Beach will provide MetroPCS with its utility requirements and MetroPCS will coordinate and complete any necessary applications and installations necessary for utility service to the sites. If Council approves the lease agreements and MOU, construction of the radio tower sites is expected to begin around the end of the year. The equipment and installation have been previously bid under a government WSCA contract. As a result, the City can piggyback on the existing government bids and can proceed to construction without further delay. The City has an approved Facilities Sharing Agreement with the City of Grover Beach for the Grover Beach Hillcrest site. An amendment to the agreement to include the MetroPCS antennas is attached. The amended agreement will be forwarded to Grover Beach for their concurrence following City Council approval. Staff has negotiated a 50% share with Grover Beach for the proposed MetroPCS monthly lease amount. Staff does not expect any substantial changes to result from Grover Beach s final approval; however, staff is requesting the authority to make minor, non-substantive, changes to the amended agreement without further Council approval. This would allow the project to proceed without further delay. A new draft Facilities Sharing Agreement with the Lucia Mar School District for the Bello Street Water Reservoir site is attached. Staff has met with the Lucia Mar School District s representatives and has proposed a 50% split in the proposed MetroPCS lease amount similar to the Grover Beach agreement. Staff is requesting City Council authority to complete the final negotiations with the Lucia Mar School District consistent with the Grover Beach Facilities Sharing Agreement. The form of the agreement with Lucia Mar may differ but the terms would be consistent with the Grover Beach agreement. Again, this action is requested to allow the project to proceed to construction this year and to avoid further delay. Page 4

5 FISCAL IMPACT: The current budget for the project is as follows: Original Approved Budget ( ): $250, Approved Budget Adjustment $150,000 Federal Omnibus Grant: $200,000 Total $600,000 The City has received the award letter for the federal Omnibus grant and is processing the paperwork needed to facilitate payment. Estimated project costs are as follows: Engineering: $150,000 Tower Purchase: $ 50,000 Tower Installation and Site Development (MetroPCS)*: $0 Radio Equipment and Installation: $250,000 Permits: $ 10,000 Relocate Public Works Antennas at Bello $10,000 Contingency Funds $50,000 Inspection and Testing $40,000 Shelter Upgrades $5,000 PGE Meter Installation $5,000 Total $580,000 *The estimated cost of site development and tower installation is between $200,000 and $300,000. If Council approves the lease agreements, MetroPCS has agreed to install the towers and develop the sites at no cost to the City. According to the terms of the lease agreements, the City would receive ongoing income in the amount of $2,625 per month for the City Hall and Bello Street Water Reservoir sites. In addition, the lease agreement with MetroPCS and the Facilities Sharing Agreement with Grover Beach provides $925 of ongoing income. OPTIONS: 1. Approve staff recommendations. This will allow the City to proceed with completion of the project as proposed. 2. Provide recommendations to staff to modify the leases, MOU or proposed project components. This will result in project delays. ATTACHMENTS: Attachment 1: Resolution of Approval Attachment 2: Draft MOU Attachment 3: Draft City Hall Site Lease Page 5

6 Attachment 4: Draft Bello Street Site Lease Attachment 5: Draft Grover Beach Facilities Sharing Agreement Attachment 6: Draft Lucia Mar Bello Street Water Reservoir Facilities Sharing Attachment 7: Tait Radio Equipment WSCA Contract Proposal Attachment 8: Valmont Tower Quote Attachment 9: City Hall Antenna Schematic Site Plan Prepared by: Greg Ray, P.E. Meeting Date: October 20, 2009 Approved by: Dwayne Chisam, P.E., Director of Public Works City Manager Approval: Page 6

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8 FACILITIES SHARING AGREEMENT This Facilities Sharing Agreement ( Agreement ), dated for convenience of the Parties as of, 2009, is entered into by and between the Lucia Mar Unified School District, ( Lucia Mar ), and the City of Pismo Beach, ( Pismo Beach ), collectively or individually, also referred to as Parties. WHEREAS, Lucia Mar owns the certain parcel of property located at Bello Street ( Property ) with several telecommunication facilities already located on that parcel; and WHEREAS, MetroPCS, a wireless telephone carrier, has approached Pismo Beach about the installation of a wireless communication facility to be located in part on land owned by Pismo Beach, and in part on the Property; and WHEREAS, the Property is desirable for a location for such facility; and WHEREAS, Lucia Mar and Pismo Beach now desire to enter into an agreement which would be mutually beneficial for both entities. NOW THEREFORE in consideration of the mutual promises and covenants contained herein and for valuable and mutual consideration receipt of which is hereby acknowledged by the Parties, the Parties agree as follows: 1. Lucia Mar will, under the terms of this Agreement, provide to Pismo Beach at no charge an area as depicted on Exhibit 1 attached hereto, for the purposes of installing a telecommunications transmission tower and related support apparatus and equipment. 2. Pismo Beach, shall design, construct, and install the tower, the communication shelter, a back-up generator, and all other supporting equipment and infrastructure. The parties acknowledge that Pismo Beach may contract with MetroPCS California, LLC to perform the construction work. Portions of the facility will be located on City s property adjacent to the Property. 3. The parties agree to evenly split any rental or other payments made by MetroPCS California, LLC for a lease with Pismo Beach for use of the tower, communications shelter, back-up generator or other equipment located at the Property, or on Pismo Beach property supporting the facilities on the Property. 4. The term of this Agreement shall be for the period of years, or the term of the lease between MetroPCS and Pismo Beach for Pismo Beach s property adjacent to the Property, as amended from time to time, which ever is longer. 5. Pismo Beach shall be responsible for the maintenance and upkeep of the tower, its antennas, and the support facilities. Page 8

9 6. Both Parties agree that following the installation of the tower and communications shelter, neither Party shall permit any other use to be operated or located on the facility which would interfere with the operations of other communication facilities for the Parties. 7. MISCELLANEOUS 7.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the Parties hereto with respect to such subject matter. Except as otherwise provided herein, this Agreement may not be modified, amended, altered or rescinded in any manner, except by written instrument signed by both of the Parties. The waiver by either Party of a breach or compliance with any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or compliance. 7.2 Assignment. A Party may not assign this Agreement without the written consent of the other Party. 7.3 Binding Agreement. Subject to the preceding paragraph, this Agreement shall inure to the benefit of and be binding on the Parties and their administrators, legal representatives, successors, and permitted assigns. 7.4 Disputes. The Parties agree that, if they are unable to resolve any dispute arising under this Agreement within thirty days (30) days after notice of dispute, such dispute may be submitted for resolution through arbitration under the commercial rules and procedures of the American Arbitration Association. All defenses based on the passage of time shall be tolled pending termination of the arbitration. In the event of a dispute, the prevailing Party in arbitration or litigation process will be entitled to recover from the other Party its reasonable attorney s fees and costs. 7.5 Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be given in writing and be delivered personally or sent by facsimile transmission, overnight courier, registered or certified mail (postage prepaid with return receipt requested) as follows: To Lucia Mar: Lucia Mar Unified School District To Pismo Beach: City of Pismo Beach Attn: City Manager 760 Mattie Road 2 Page 9

10 Pismo Beach, California Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received by sender, if sent by facsimile, (iii) on the date following the date of delivery to an overnight courier, provided such delivery occurs in sufficient time to ensure overnight delivery, or (iv) five (5) days after being sent, if sent by first class registered mail, return receipt requested. 7.6 Relationship of the Parties. Nothing in this Agreement, or in the course of dealing between the Parties pursuant to this Agreement, shall be deemed to create between the Parties (including their respective officers, employees and agents) a partnership, joint venture, association, employment relationship or any other relationship, other than that of independent contractors with respect to each other. Neither Party shall have the authority to commit or legally bind the other Party in any manner whatsoever, including but not limited to, the acceptance or making of any agreement, representation or warranty. 7.7 No Third-Party Beneficiaries. This Agreement inures to the benefit of the Parties only and no third party shall have any rights hereunder. 7.8 Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. 7.9 Survival. Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect FCC Action. The Parties agree and acknowledge that the Federal Communications Communication is responsible for the regulation of radio spectrum and that action by the FCC may adversely impact a party s ability to perform under this Agreement, in which case, the parties will consider such a happening as a force majeure event excusing performance by that Party Headings. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof Venue: Any dispute under this agreement shall be resolved under the laws of the State of California and venued in San Luis Obispo County Indemnification: Pismo Beach and Lucia Mar agree to indemnify and hold the other Party harmless from all liability for damage to persons or property arising out of or resulting from the acts or omissions of the indemnifying Party. 3 Page 10

11 IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement effective as of the date first written above. City of Pismo Beach Lucia Mar Unified School District: By: Name: Title: By: Name: Title: 4 Page 11

REAL ESTATE PURCHASE AND SALE CONTRACT

REAL ESTATE PURCHASE AND SALE CONTRACT THIS REAL ESTATE PURCHASE AND SALE CONTRACT, is made and entered into as of the day of 2010, by and between (Seller) HPJ Properties, LLC and ("Buyer") WHEREAS, Seller