2A Work Session 2012 0409 Attachment

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and a detriment to conducting business. Although AT&T denies there is a complete lack of modern telecommunications facilities, its representatives admit to having problems in the area and do not contest the specific reports of broadband unavailability. The CPUC's data similarly supports a conclusion that substandard service exists in at least some of this area. Improved broadband service availability will create an opportunity to upgrade and reposition blighted and underutilized properties in this area. San Lean dro Creek Davis /Doolittle /Adams DAVISST DOOLITTLE DR WILLIAMSST INTERSTATE 880 SOUTHBOUND 98TH AVE BIGGE ST TIMOTHY DR INTERSTATE 880NORTHBOUND WARDENAVE ADAMSAVE PREDA ST AIRPORT DR LEONARD DR EARHART RD EMPIRERD 105TH AVE CARDENST CATRON DR DOUGLASDR ARTHURAVE WESTGATE PKWY KELLY AVE MIDWAYAVE DONOVANDR MARTINBLVD EDEN RD TUDOR RD PIERCEAVE HESTERST MERCEDST BILLINGSBLVD GILMORE DR BERGEDODR HUTCHINGS DR WHITNEY ST VIRGINIAST FREDERICKRD AIR CARGO RD PEARSONAVE POLVOROSAAVE CASCADERD BEECHERST MARINA BLVD WAINWRIGHT AVE BIGGEAVE MCCORMICK ST KITTYLN TIFFANY RD GARDNERBLVD MELCHER ST ABRAM CT BERNHARDT DR HEGENBERGERRD NAVYST EL PASEODR WRINAVE FRONTAGE RD MINERVA ST LUCILLE ST EDWARD WHITE WAY TULIPLN EDISONAVE AMBER CT MARIADR NORTH BLVD DAVISST INTERSTATE 880NORTHBOUND F0 0.125 0.25 0.5 Miles © City of San Leandro. All rights reserved. Geographic Information Systems. March 2012 CITY OF SAN LEANDRO Priority Area -Davis /Doolittle /Adams San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 13 5 A significant portion of the basic infrastructure that supports local telephone and broadband connectivity is comprised of bundles of copper wire that were installed more than fifty ago by the former Bell System. The T-1 standard was introduced in 1961 in order to support a bi-directional speed of 1.5 Mbps at a high quality-of-service level, using the copper wires of the time. Because it is a dedicated and managed circuit, its performance is usually substantially better than shared services such as DSL or cable modem, even in cases where the claimed top speed of those shared services is many times higher. A T-1 circuit is generally considered to be the lowest level of service that can be described as industrial or carrier grade. 880 Industrial Corridor This area can be generally described as the industrial properties on either side of Interstate 880, south of Davis Street and north of Manor Boulevard, between Doolittle Drive on the west and Alvarado Street on the east. As in Downtown San Leandro, property and business owners report problems obtaining commercial or industrial grade broadband service. The map analysis supports this perception. There is only one AT&T Project Lightspeed node in the area, although there are others in adjacent residential areas. Likewise, Comcast’s ability to serve this area is limited. The CPUC data indicate that there are gaps in land line-based broadband service, although it also shows that at least one carrier is reporting that it provides 1 Gbps service to at least one property on the east side of Alvarado Street. The state-of-the-art Kaiser Medical Center which is currently under construction is an example of one of the businesses in this area that will benefit from improved service availability. 880 Industrial Corridor MARINA BLVD FAIRWAYDR WILLIAMSST DOOLITTLEDR MERCEDST AURORA DR INTERSTATE 880 SOUTHBOUND PURDUE ST INTERSTATE 880 NORTHBOUND ALVARADO ST WILEYST CORVALLIS ST ACACIAST TEAGARDEN ST ALADDIN AVE CASTRO ST JUNIPER ST CATALINA STELMST WICKSBLVD SPRUCEST SITKAST BIRCH ST CEDARAVE WESTAVENUE133RD FIJIWAY WESTAVENUE 134TH DRAKE AVE NOMEST ESSER AVE MONTAGUEAVE LOCUST ST CUMBERLAND AVE WASHINGTONAVE MONTEREYBLVD SANTIAGO RD LINTON ST CYPRESS ST SANLEANDROBLVD BERMUDAAVE TIMOTHY DR WEST AVENUE 136TH WEST AVENUE135TH WAYNE AVE FIGUEROADR PACIFIC AVE WILLOWAVE OTTAWAAVE EVELETHAVE BARRI DR SEAGATE DR WESTGATE PKWY MILLER ST CARRILLODR LEONARD DR REPUBLIC AVE POST AVE GRIFFITHST CHERRYST FREMONT AVE POLVOROSAAVE ARCTIC ST ORCHARD AVE LOQUATLN HEMLOCKST JAMAICA WAY FARNSWORTHST CROSBY ST BURROUGHS AVE WEST AVENUE140TH JUNEAUST MONARCHBAY DR VICTORAVE TIBURONRD ABRAM CT BETHANY ST MARACAIBO RD FACTOR AVE DOLLY AVE SUNDBERG AVE MENLO ST FORDHAM AVE MANZANITAAVE PORTOLA DR CAMPBELLAVE VERNA CT JIBRD JOYCEAVE YUKON ST FISKCT PORTOLA DR F0 0.125 0.25 0.5 Miles © City of San Leandro. All rights reserved. Geographic Information Systems. March 2012 CITY OF SAN LEANDRO Priority Area -880 Industrial Corridor San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 14 Shoreline Following the general pattern of broadband availability decreasing west of I-880, areas along the San Leandro shoreline have less access to commercial and industrial grade broadband service than most other parts of the City. In particular, the CPUC data show a fall off in available service levels along Monarch Bay Drive and the Marina area. High quality broadband service to the shoreline area will be particularly important in the future because planning is underway for a substantial development project at that location. A conceptual master plan developed by Cal-Coast Companies and a 30-plus member Citizens Advisory Committee includes plans for a 200-room hotel, a 15,000 square foot conference center and a 250,000 square foot office campus, in addition to retail spaces, residential development, and several community amenities. Development of the hotel, conference center, and office complex will be dependent on the availability of commercial and industrial grade broadband service. would be significantly less viable if broadband availability in the area does not improve. Conversely, exceptional broadband service (such as a direct fiber connection to the site) would assist efforts to attract top quality users and tenants. Shoreline AURORADR FAIRWAY DR MONARCHBAY DR MULFORD POINT DR WESTAVENUE134TH PESCADORPOINTDR WEST AVENUE 133RD SEAGATEDR BLUE WHALE ST OUTRIGGERDR MARINABLVD WEST AVENUE135TH F0 0.05 0.1 0.2 Miles © City of San Leandro. All rights reserved. Geographic Information Systems. March 2012 CITY OF SAN LEANDRO Priority Area -Shoreline San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 15 3. City Policy Review 3.1. Placement of broadband facilities in public right of ways The Encroachments Chapter (5-1) of the San Leandro Municipal Code sets out a clear process for anyone who wishes to install broadband facilities – such as conduit, fiber optics or equipment vaults – in a public right of way. It begins by stating "no person shall...place on, over or under [a] street any pipe line, conduit or other fixture...without having first obtained a permit." It then goes on to detail the required steps and applicable standards for obtaining a permit. The same rules apply to street side cabinets, underground vaults and other equipment placements, and indeed nearly any other kind of encroachment, for example building a fence, blocking a street or planting a tree. There are no specific requirements pertaining to fiber optic lines and other telecommunications gear. The general requirements that do apply concern things such as maintaining public access to streets, having proper insurance, performing the work to a proper standard and repairing any damage caused. Any activity in a public right of way is exempt from zoning or similar restrictions. Applicants are only required to apply to the Engineering and Transportation Department for an encroachment permit, which are typically granted if the proposal meets the technical standards referenced in the Municipal Code. City staff have thirty days to either grant the permit, with or without conditions, or provide specific reasons in writing for its rejection. AT&T's Project Lightspeed is a recent exception. The Community Development Department was asked to review AT&T's request to place 114 equipment cabinets on city streets as part of a proactive effort to make sure residents understood what was happening and why, and to ensure that there were consistent and acceptable measures taken to address aesthetic concerns throughout the City. The result was a staff memo (Appendix B) issued in September 2007 that outlined a cooperative process intended to facilitate the upgrading of AT&T's residential broadband service while addressing public concerns. City staff worked with AT&T to evaluate each specific location, identify and implement any mitigation measures necessary to avoid problems such as negative aesthetic or public safety impacts and provide detailed notice to people living and working in the vicinity. Where it was deemed necessary, proposed box sites were moved to more appropriate locations. San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 16 Staff developed fourteen standard conditions for the overall project, addressing public notice, traffic and neighborhood disruption, visual impact, public safety, emergency procedures, environmental concerns and compliance with City requirements. Then, each site was evaluated on an individual basis and specific conditions were imposed where appropriate. The work was performed by staff on a cost recovery basis. 3.2. Utility line undergrounding The City has a long term program to move electrical and telecommunications lines from poles to underground conduit along major thoroughfares and other key streets. When doing this work, the City's Zoning Code also requires that all new developments on these streets either put utilities underground or pay an underground utility fee. When doing this work, the City routinely specifies additional conduit for broadband purposes. 3.3. Wireless towers and antennas The City of San Leandro's zoning policy for wireless telecommunications facilities installed by service providers providers is intended to "enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently", while steering antenna and tower construction to nonresidential areas and encouraging sharing of tower sites amongst service providers. It is also intended to reduce the visual impact of wireless telecommunications facilities. The approval process is well-defined (see Appendix B) for permit applications, and encourage proposals that maximize use of existing towers and structures, minimize visual impacts and locate new structures in industrial areas. An established process for reviewing wireless telecommunications proposals tends to encourage the development of broadband facilities in a city. First, wireless telephone and broadband companies are likelier to prioritize areas that have a predictable and finite process for evaluating proposed facilities. It is not so much a question of how rigorous or restrictive the policies are, but rather a question of knowing in advance what the rules and expectations are, and how long it will take to reach a definitive yes or no answer. Second, wireless telecommunications are one of the major drivers of new fiber optic line construction. It seems a little counterintuitive at first, but providing faster fiber optic connections to a cell site or other wireless hub means more traffic can be carried by that site and more wireless bandwidth can be delivered to the surrounding area. When a fiber optic line is built to serve a cell site, that line can also be used to support commercial and industrial service to nearby businesses. San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 17 During the review process, applicants must provide information regarding all their existing and planned wireless facilities in or near the City. Initial review of applications is usually complete within 30 days. When a project doesn't qualify for automatic or administrative approval, the process is more complicated. In those cases, the City's Board of Zoning Adjustments has to grant a Conditional Use Permit (CUP). To qualify for a CUP, applicants have to meet a tougher set of requirements directly related to visual impact on the public and adjacent properties. For example, applicants may be asked to submit detailed plans, visually screen facilities with plants and show that no alternatives, such as colocation on an existing tower, are feasible. This process is consistent with the City’s goal of maintaining certain standards in areas with various classes of zoning while still encouraging telecommunications service upgrades. There is no particular time limit for the Board's review and approval process, but the City has a standard time frame of three to five months to process conditional use permits, regardless of the purpose. Most of the review process is handled by staff prior to submitting it to the board for its consideration and a public hearing. The fee for an administrative review is a flat $1,531. The City charges applicants with the direct costs for processing a conditional use permit, requiring an advance deposit of $2,500 to $3,500. Terrestrial microwave links and satellite earth stations installed by individual users are handled by a separate section of the Zoning Code. Examples include DirecTv or DISH equipment installed on a home or point-to-point wireless broadband links installed at a business. This type of equipment is generally allowed anywhere in the City, subject to some requirements imposed for the purpose of avoiding "adverse impact on aesthetic values and public safety". These requirements primarily concern the choice of the specific location of this equipment on a given property, but don't don't generally prevent it from being installed somewhere on the property. 3.4. Location of broadband-intensive businesses The City’s zoning code does not specifically address high technology businesses, such as data or call centers, that might use high capacity, industrial grade broadband connections. There are no particular incentives or restrictions, and defined high technology uses. When reviewing something that doesn’t neatly fit into a specific category, the City’s planning staff generally relies on common sense and looks at the San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 18 original intent of a given land use rule and how it can logically be applied to new technology. Staff considers the impact on and compatibility with neighboring properties and the public, which also ties back in to original intent. 3.5. City use of broadband services There are no particular restrictions on access to City data, which is treated as civic capital and as such is subject to full disclosure. There is an ongoing project to move public meeting agenda and minutes to an electronic access system. A considerable amount of electronic information, including GIS data, is available via the City's website and, similar to printed materials, is subject to retention and public disclosure requirements. Similarly, there are no general policies regarding telecommuting. Although open data and telecommuting programs are not directly related to commercial broadband development, initiatives such as these can help stimulate demand and provides an opportunity for the City to lead by example. The City participates in the CALNET 2 bulk purchasing program for telecommunications services, including broadband, run by the State of California. This program affords lower pricing than the City could reasonably expect to obtain on its own. San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 19 4. Broadband Policy Benchmarking 4.1. Policy environment In general, California and federal policy is moving towards greater support of broadband projects and services. The Federal Communications Commission has enacted rules that attempt to put limits on local and state review of cell tower permit applications, for example. On the other hand, those rules are being challenged and so far the federal courts have not allowed a complete preemption of local authority by the FCC. Other rules streamline procedures for installing new cables on existing utility poles. Bay Area congresswoman Anna Eschoo introduced a bill (HR 1695) that would require federal agencies engaged in highway construction projects to routinely install broadband conduit at the same time. This initiative was similar to an executive order issued in 2006 by then California Governor Arnold Schwarzenegger. Besides directing state agencies to include conduit in construction projects, the order included expedited review of broadband projects by state state agencies, such as Caltrans, and severely limited fees that may be imposed on broadband projects in order to permit access to public right of ways. The order also created a California broadband task force that issued a report6 that made further recommendations to encourage the growth and deployment of broadband facilities. Those recommendations included greater state funding for broadband projects, using the state’s purchasing power and anchor tenant status in many locations to support improved infrastructure, create statewide standards for broadband construction projects and take other steps to support the deployment of both wired and wireless facilities. Other broadband policies initiatives are being pursued at a local level. Cambridge, Massachusetts has implemented an “open trench” policy that requires cooperation with broadband providers when street cuts are made and generally requires open access to conduit when space is available. In Santa Cruz, California the city council has enacted an open data policy and embarked on a project to provide a greater degree of online access to public documents and to San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 20 6 The State of Connectivity: Building Innovation through Broadband, final report of the California Broadband Task Force, January 2008. make it easier for the public to conduct business with the City online. Other California cities, such as Victorville, Corona and Grover Beach have developed plans and policies to encourage broadband deployment and use. These plans address the particular needs of each community, and concern issues such as residential and commercial service gaps, future institutional network needs and construction standards, and the impact of large scale greenfield developments. 4.2. Benchmark analysis Existing broadband-related policy in San Leandro was evaluated on the basis of how well it supports development, construction and access to commercial and industrialgrade service. Four policy goals were benchmarked: • Facilitation of infrastructure development. • Support for smart infrastructure and connected communities. • Protection for environmental quality and visual aesthetics. • Efficiency of government operations and delivery of services. Specific benchmarks for those goals, as adopted by the State of California, the California Emerging Technology Fund (CETF) and other California local governments, were used for evaluating San Leandro’s current policies. A complete list of goals and benchmarks is in Appendix D. The benchmarks used in this study are, to a large degree, derived from work done by CETF. It was established by the CPUC with the mission to “close the digital divide by accelerating deployment and adoption of broadband to unserved and underserved communities and populations.” Among other initiatives, CETF has published a broadband policy guide7 for local and regional governments. 4.3. Existing San Leandro practice meets or exceeds best practices In many respects, San Leandro’s broadband related policy is consistent with or better than the standards adopted at a state level and elsewhere in California. Particularly, San Leandro has a straightforward process for reviewing proposed projects, conditional use permits and encroachments. For the most part, high technology projects, including broadband infrastructure, tend to be evaluated within traditional planning and operational frameworks on a common sense basis. Staff generally consider high technology uses as having a positive effect on the community while giving due consideration to any specific negative aspects on a timely basis. San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 21 7 Getting Connected for Economic Prosperity and Quality of Life, California Emerging Technology Fund, October 2010. Table 4.1 San Leandro policy meets or exceeds best practices Meets or exceeds best practices San Leandro Status Strategy Delineates the process for ensuring fairness and competition, including transparency, public notice and timetables and deadlines for timely review of any required local permits. Yes. Broadband related projects handled routinely, standard 3 to 5 month process if a conditional use permit is required. City’s work performed on a cost recovery basis. Consistent with current needs, review when commercial broadband build out is complete. Accommodates high technology, broadband intensive businesses in zoning ordinances and procedures. Yes. High tech/broadband not specifically named, but considered routine and covered by existing use definitions. Incorporates routine placement of broadband conduit into utility undergrounding programs. Yes. No change needed. Sets forth the process and procedures for preventing and/or mitigating environmental impacts and protecting and/or preserving visual integrity integrity of jurisdiction. Yes. Promulgates procedures to streamline the approval of easement encroachment permits consistent with principles of fairness and competition for all providers. Yes. Transportation and Engineering Department reviews in a timely manner. Makes the use of public assets available to all providers on a competitive basis, commensurate with adopted policies regarding public benefits. Yes. Establishes an ongoing role for the City to play in identifying broadband needs and working proactively with businesses and service providers to meet those needs. City staff actively engaged, but no formal policy. Articulate the interest of the jurisdiction in monitoring the reliability and quality of broadband connectivity in the local jurisdiction and ensuring appropriate speed availability. Community Development Department plays active and ongoing role. San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 22 One example is the approach, described above, that the City of San Leandro took to a request by AT&T to place more than 100 utility boxes on public right of ways for its Project Lightspeed system upgrade. Although the project was out of the ordinary, standard practices were adapted to the task. The result was a well defined process that minimized uncertainty and efficiently provided answers to the applicant while safeguarding City interests such as public safety and aesthetics. One area where the City’s planning process specifically addresses broadband-related issues involves the review and approval of wireless towers, antennas and related facilities. The City makes a clear distinction between smaller broadband links installed by end users and larger carrier sites that serve the general public, and treats both types of facilities appropriately. The City’s policy tends to encourage colocation by multiple carriers and does not impose any significant obstacles to expanding or upgrading wireless broadband availability, while still safeguarding legitimate City concerns such as public safety and aesthetics. Many of the policy areas where the City meets or exceeds statewide benchmarks involve construction, maintenance and upgrading of broadband facilities, providing the most basic, and consequently most important, support for expansion of commercial broadband access. 4.4. Recommendation 1: formalize broadband-friendly policies The City of San Leandro’s existing policy and practices regarding development of broadband facilities, monitoring broadband availability and issues, and working with telecommunications providers are competitive advantages. Formalizing these practices and promoting them to business relocation and expansion prospects, real estate developers and telecommunications companies will allow the City to maximize the opportunities that those advantages create. The process followed by the City in approving AT&T’s Project Lightspeed upgrade should be considered to be a model for future broadband projects and, along with its current wireless facilities policy and expeditious review process, communicated to service providers as a way of capitalizing on these broadband friendly competitive advantages. The same should be done with its practice of making City facilities available to service providers on a non-discriminatory basis,with its ongoing proactive broadband development efforts within the local business community, with prospective new businesses and with current and prospective telecommunications service providers. San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 23 5. Broadband as a Development Policy Component 5.1. Broadband infrastructure standards The City of San Leandro does not include broadband facilities, such as empty conduit or fiber optic lines, in its review of private development plans or permit applications, for either new construction or major remodeling projects. However, broadband facilities, such as fiber optic lines, are routinely integrated into plans for City projects. On the other hand, the City does have standard practices that encourage improvement of broadband facilities, but not a formal, stated policy. As a result, it may not always fully benefit from opportunities to encourage deployment and upgrading of facilities or maximize benefits to the community as a whole. Table 6.1 identifies broadbanddevelopment and planning policy issues that have been addressed in other California communities and statewide. These policy issues affect both public projects and private development. The most aggressive policies regarding broadband deployment in private developments are usually found in communities where extensive greenfield residential construction is planned. For example, requirements regarding installation of fiber optic trunk lines can be appropriate when a large development involving significant new street construction is concerned, but might not make sense when reviewing a remodel proposal for a single parcel. Since private construction in San Leandro is infill and redevelopment oriented, it is not appropriate to benchmark broadband policy against the comprehensive approaches adopted by rapidly expanding communities. On the other hand, many specific policies addressing major private sector redevelopment, remodel and infill projects, and telecommunications facilities are applicable. Policies involving publicly funded projects are more universally applicable in nature. San Leandro’s current policies and practices are either consistent with or neutral towards these benchmarks, and do not create an obstacle to deployment or adoption of commercial broadband facilities and service. Formally addressing some or all of these issues as a matter of policy will allow the City to take long range broadband development goals and cost-benefit calculations into consideration when reviewing or implementing projects. The construction of San Leandro Commercial Broadband Strategy – City Council Workshop Draft 9 April 2012 Tellus Venture Associates Page 24 telecommunications facilities is capital intensive and decisions are based on both short term and long term return on investment. Table 5.1 Broadband infrastructure standards Broadband facility, construction and development standards San Leandro Status Strategy Sets forth the process and procedures for incorporating broadband into all public infrastructure projects. No current policy. Develop a simple and consistent set of broadband facilities and construction standards. Requires projects to provide broadband connectivity and include the infrastructure components necessary to support broadband. No current policy. Encourages broadband providers to size underground and overhead facilities to accommodate future expansion, changes in technology, and where possible the facilities