CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/24/2025
1 SUBJECT:
Adoption of a Resolution of the City Council of the City of Pacifica approving the Montara Mountain-North Peak Communications License Agreement
RECOMMENDED ACTION:
Move to adopt a Resolution approving the Montara Mountain-North Peak Communications License Agreement; finding the approval of the License Agreement categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (Class 1-Existing Facilities); and authorizing the City Manager to execute the License Agreement.
STAFF CONTACT:
Bill Glasgo, Police Captain
650-738-7314
[email protected]
BACKGROUND/DISCUSSION:
The City and County of San Francisco (San Francisco), through the San Francisco Public Utilities Commission (SFPUC), issued a San Francisco Water Department Revocable Permit dated April 23, 1963 (“Permit”) to the County of San Mateo, as permittee, to erect and maintain a radio communications antenna facility and appurtenant equipment shelter on approximately 40,000 square feet of San Francisco-owned property located on the North Peak of Montara Mountain in unincorporated San Mateo County (Assessor’s Parcel Number 093-030-050).
The County eventually erected two communication towers on the site which have become known as the East Tower and the West Tower.
In 2009, the United States of America, acting by and through a duly authorized official of the Department of the Interior, National Park Service ("NPS"), Golden Gate National Recreation Area ("GGNRA") constructed and maintains at GGNRA’s cost and expense a new radio communication tower replacing one of the County’s prior towers with a new 80-foot antennae tower. This new 80-foot tower is jointly operated by the County and GGNRA and is referred to as the West Tower. The County also operates its own 40-foot tower on the site called the East Tower.
In June 2022, San Francisco and the County replaced the Permit issued in 1963 with a new Lease (the “Master Lease”) to provide more comprehensive terms and conditions reflecting the current use of the site.
There are currently nine (9) sub-users of the site, a group comprised of a variety of local and state public agencies. These agencies use the site for telecommunications that provide critical health and safety services to the public.
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March 24, 2025
The terms of the Master Lease require the County to replace any existing agreements with the sub-users of the site with new Communications Site License Agreements (“License Agreements”), and to enter into new License Agreements with any sub-users who to date have had no formal written agreement with the County for use of the site.
The City of Pacifica Police Department was one of three agencies that previously had no formal written agreement to use the site. The proposed License Agreement between the City of Pacifica and County of San Mateo formally establishes in writing the terms and conditions for the Pacifica Police Department to use the site.
The proposed License Agreement provides for the Police Department’s use of a portion of the premises consisting of the following: (a) approximately four (4) square feet of space in the equipment shelter for a portion of one (1) radio equipment rack, and (b) space on the 80-foot tower for one (1) antenna.
The proposed License Agreement specifies that the County will not charge any rent, permit fee, license fee or use fee to the City for use the space. However, the City must reimburse the County for the actual pro rata cost of the utilities used by the City. These actual costs would include any operational, maintenance and road access (including road repairs and access fees) required to operate the County’s communications facility and which benefit the City.
The proposed License Agreement specifies the improvements that the City can make to the area that is licensed to the City and requires compliance with the terms of the Master Lease Agreement and certain special terms imposed by the City and County of San Francisco (See Exhibit 3 to the License Agreement), including limitations on bottled drinking water and tobacco sales and advertising at the site. The proposed License Agreement would also require the City to maintain certain insurance at all times the License is in effect as well as defend and indemnify the County and the SFPUC from and against all claims, demands, etc., in connection with the License Agreement and the City’s use of the County’s facilities.
Once entered into, the City may terminate the License Agreement at any time by providing 90 days’ written notice to the County.
The City Manager is seeking City Council authorization to execute a License Agreement with San Mateo County for the license of a portion of the Montara Mountain communications site.
ALTERNATIVE ACTION:
Do not enter into the License Agreement. However, this would create significant challenges for the communications needs of the Police Department.
ENVIRONMENTAL REVIEW:
The approval of the License Agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(Class 1) because the City will only licensing space in, or on, an existing communications facility which will involve only negligible expansion of use.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Strategic Plan Goal 1: “Enhance organizational and fiscal stability”.
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March 24, 2025
FISCAL IMPACT:
No direct fiscal Impact for approving the License Agreement but the City might be required to pay a pro-rata cost, which is expected to be minimum to low because of our share and use.
Initial estimates would likely be between $6000 and $12,000.
ORIGINATED BY:
Police
ATTACHMENT LIST:
North Peak Communications License Agreement (PDF)
Pacifica City Council 4
March 24, 2025
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE MONTARA MOUNTAIN-NORTH PEAK COMMUNICATIONS LICENSE AGREEMENT;
FINDING THE APPROVAL OF THE LICENSE AGREEMENT CATEGORICALLY EXEMPT
FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(CLASS 1-EXISTING FACILITIES);
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE LICENSE AGREEMENT WHEREAS, the City and County of San Francisco, acting through its Public Utilities Commission (“SFPUC”), owns a portion of land in unincorporated San Mateo County more commonly known as Montara Mountain; and
WHEREAS, the SFPUC entered into a lease with San Mateo County on June 1, 2022 for approximately 40,000 square feet of property to allow the County to install and maintain a communications site for the transmission and reception of radio communication signals (Master Lease Agreement); and
WHEREAS, the City of Pacifica Police Department would like to use the County’s communications facilities for its own communications needs, specifically to improve transmissions over Police radio; and
WHEREAS, the master lease requires the County to enter into a sublicense agreement with each of the sub-users of the site based on a specific template approved by the County and the SFPUC.
NOW, THEREFORE, THE PACIFICA CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
1. The City Council hereby finds that approval of the License Agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(Class 1) because the City will only licensing space in, or on, an existing communications facility which will involve only negligible expansion of use.
2. The City Council hereby approves the License Agreement between the City of Pacifica and the County of San Mateo, attached hereto.
3. The City Manager is hereby authorized to execute the License Agreement in the form attached hereto, with minor amendments which may be approved by the City Attorney. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of March 2025, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Pacifica City Council 5
March 24, 2025
_________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney