TO: Board of Supervisors
FROM: Steven Lederer - Director of Public Works
REPORT BY: Graham Wadsworth, P.E. - Supervising Engineer
SUBJECT: Napa County Monopole Project Mitigated Negative Declaration and Agreement with Illumination Technologies California, LCC, RDS 21-22 - Continuance Requested to July 20, 2021 at 9:00 AM
RECOMMENDATION
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Director of Public Works requests the following:
1. Adoption of a resolution adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the "Napa County Monopole Project", RDS 21-22.
2. Approval of and authorization the Chair to sign a Right-of-Way Access and Service Agreement with Illumination Technologies California, LCC to allow ITC access to identified locations in the Rights-of-Way in exchange for the operation by ITC of an advanced wildfire detection system, and construction of improvements for future wireless service including unserved and underserved areas of Napa County, at no cost to the County for a term of thirty years.
(STAFF REQUESTS THAT THIS ITEM BE CONTINUED TO JULY 20, 2021 AT 9:00 AM)
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EXECUTIVE SUMMARY
On July 21, 2020, Illumination Technologies California (ITC) and Chris Canning (in his role as CEO of ITC) made a presentation to this Board on their proposal to install 32 monopoles at various locations in the County's road rights-of-way to house telecommunication equipment and a wildfire alert system using sirens. As discussions with the County proceeded, ITC proposed installing IQ FireWatch fire sensing technology, which would benefit the County through early detection of a fire start. Following Board direction (an Ad Hoc committee consisting of Supervisors Pedroza and Dillon was assigned to work with staff), the County has continued to work with ITC to further develop this proposal.
Since mid-February, a consultant has worked with ITC, Planning and Public Works staff to identify potential monopole and IQ FireWatch site locations, survey for resources at the sites, prepare studies, consult with tribal representatives, and prepare an Initial Study / Mitigated Negative Declaration (IS/MND) for public review. A Mitigation Monitoring and Reporting Program (MMRP) has also been prepared for the project.
ITC and County staff have also negotiated a non-exclusive Right-of-Way Access and Service Agreement to install and maintain monopoles at identified locations along county roads, and to operate an IQ FireWatch system that covers at least 90% of the geographical area of Napa County. The proposed agreement does not authorize the installation of wireless telecommunications equipment. Wireless carriers would have to submit separate applications for encroachment permits in order to install equipment on ITC’s monopoles located in the public right-of-way.
PROCEDURAL REQUIREMENTS
1. Staff Report
2. Public comments
3. Staff responds to any comments
4. Discussion, questions and vote to adopt IS/MND and MMRP or continue meeting to a future date
5. Discussion, questions and vote to approve agreement with ITC
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
On February 23, 2021, the Board appropriated $154,721 for the Napa Monopoles Project (Fund 2040, Subdivision 2040500 and Program 21065) which was reimbursed by ITC |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Adoption of the Mitigated Negative Declaration and MMRP, and execution of the agreement for ITC are necessary to proceed with construction. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
If the Board approves the agreement with ITC, then ITC will be responsible for installing and maintaining the monopoles and operating the IQ FireWatch system and there will not be any fiscal impact to the County General Fund. ITC will pay building and encroachment permit fees necessary before constructing each installation. |
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Consequences if not approved: |
ITC will not construct the monopoles nor the IQ FireWatch system |
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County Strategic Plan pillar addressed: |
Healthy, Safe, and Welcoming Place to Live, Work, and Visit |
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Additional Information: |
On February 23, the Board authorized the Director of Public Works to execute a deposit agreement with ITC to provide funding to the County for a consultant to prepare documents requested by the California Environmental Quality Act (CEQA) and approved a budget transfer. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: Biological Resources, Cultural Resources, and Paleontological Resources. This project sites are not on any of the lists of hazardous waste sites enumerated under Government code section 65962.5
BACKGROUND AND DISCUSSION
Since 2014, there have been nine declared disasters for wildfires in Napa County. During 2020, the LNU Lightning Complex Fire killed six people, burned 363,220 acres, destroyed 1,491 structures, and caused $47 million in damage. The Glass Fire burned 67,480 acres, destroyed 1,555 structures and caused $750 million in damage. In 2018, the County Fire burned 89,831 acres. In 2017, the Tubbs, Nuns and Atlas Fires killed 48 people, burned 144,125 acres and destroyed over 5,756 structures. The “Napa County Multi-Jurisdictional Hazard Mitigation Plan” states that 36 percent of the population, 38 percent of the parcels and $2.36 Billion of improvements in Napa County are within “Moderate” to “Very High” Wildfire Hazard Severity Zones.
On July 21, 2020, Illumination Technologies California (ITC) and Chris Canning (in his role as CEO of ITC) made a presentation to this Board on their proposal to install 32 monopoles at various locations in the County's road rights-of-way to house telecommunication equipment and a wildfire alert system using sirens. Part of the presentation included the “California Interactive Broadband Map” that showed no service in much of the Lake Berryessa, Wooden Valley and Gordon Valley watersheds.
As discussions with the County proceeded, ITC proposed installing IQ FireWatch fire sensing technology, which would benefit the County through early detection of a fire start and give firefighters a chance to extinguish a fire before it grows out of control. Following Board direction (an Ad Hoc committee consisting of Supervisors Pedroza and Dillon was assigned to work with staff), the County has continued to work with ITC to further develop this proposal.
Since mid-February, ITC submitted a list of eight monopole sites for commercially viable telecommunication sites (AKA Commercial Facilities) to improve cellular telephone coverage in and around the valley floor, ten broadband monopole sites in areas that lack strong coverage and not commercially viable (AKA Public Benefit Facilities), and five monopoles for broadband and potentially commercially viable telecommunications. The monopoles would be up to 80 feet tall and camouflaged to resemble trees. Each monopole could host up to 3 small wireless facilities. ITC would construct the 23 monopoles to improve communications and connectivity as well as improve resiliency during a disaster. ITC previously installed 3 monopoles in the right-of-way, which are not included in the 23 new monopoles ITC could install under this proposal, but would be governed by the proposed agreement with ITC.
If ITC executes a lease with a telecommunication provider, then ITC would apply for building and encroachment permits to construct the monopoles at one or more of the designated locations. The agreement requires ITC to install broadband monopoles near Pope Valley Corners, Berryessa Estates, Berryessa Pines, Spanish Flat, Berryessa Highlands, Moskowite Corners, Circle Oaks and several other locations requested by the North Bay / North Coast Broadband Consortium subcommittee, but only as ITC executes leases and constructs Commercial Facilities to generate revenue for the project. The cellular equipment would allow the County to send Nixle Alerts and the federal government to send Wireless Emergency Alerts to all mobile phones within the monopole coverage area.
ITC also submitted a list of 11 IQ FireWatch poles that would be only for government purposes and constructed on private property to improve early detection of wildfires on over 90 percent of the area of Napa County. ITC would place trailers with a telescoping pole or construct lattice poles with the sensor set 15 feet above treetops. ITC will not have telecommunication equipment on the poles. The sensors will rotate 360 degrees every six minutes during the day and every 12 minutes during the night to locate smoke plumes. If a sensor detects a fire, first responders will receive an alert with the location with an accuracy of a few yards. If two sensors detect a fire, first responders will receive an alert with the exact location. If the County and ITC execute the agreement in mid-June, then ITC will purchase equipment and install the IQ FireWatch poles in mid-October. The proposed agreement requires the IQ FireWatch System be operated and monitored from May 15 through December 1 annually, with minor adjustments to the schedule possible at the request of the Fire Chief. ITC previously installed 2 monopoles on private property capable of hosting IQ FireWatch equipment, which are not included in the 11 new IQ FireWatch poles, but would be governed by the proposed agreement with ITC.
Since mid-February, the County’s California Environmental Quality Act (CEQA) consultant has worked with ITC, Planning and Public Works staff to identified potential monopole and IQ FireWatch site locations with the least environmental and visual impact. Planning and WRECO staff surveyed the sites for resources, prepared studies, consulted with tribal representatives, and prepared an Initial Study / Mitigated Negative Declaration (IS/MND) for public review. Attached are a map for all locations included in the IS/MND and the IS/MND.
The IS/MND includes a project description, the environmental setting for each site, environmental impacts, mitigation measures, images of the structures, and representative site photographs. WRECO prepared a Biological Resource Study in accordance with CEQA and attached it to the IS/MND. A MMRP was also prepared to address potential impacts identified in the IS/MND. ITC provided funds to pay for this contract work. As required by the 2013-14 Assembly Bill 52, Planning staff consulted with Native American tribal representatives about cultural resources in the area of the sites and the mitigation measures in the IS/MND.
On May 14, Planning staff mailed over 800 letters to property owners within 1,000 feet of each site and submitted the IS/MND to the State Clearinghouse. Planning staff also placed a legal advertisement to start the 30-day public review period. The letters and legal advertisement refer to the project web site that includes the IS/MND, pictures of the sites, plans for an existing monopole and specifications for the IQ FireWatch sensors.