HomeMy WebLinkAboutRES NO 031-17RESOLUTION NO. 0 3 1 - 17
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD OPPOSING SENATE BILL 649
(HUESO), AS CURRENTLY PROPOSED
RECITALS
WHEREAS, telecommunications companies are authorized by the California
Public Utilities Commission to operate within the public right -of -way; and
WHEREAS, telecommunications companies have requested to utilize the
City's right -of -way to install wireless facilities to improve or enhance wireless
communication services; and
WHEREAS, the City may not prohibit or take action that has the effect of
prohibiting the provision of wireless services; and
WHEREAS, the City currently has the authority to limit unreasonable
interference with the public's use of the right -of -way; and
WHEREAS, the City can currently regulate the location, aesthetics, size and
ongoing maintenance of wireless equipment; and
WHEREAS, on September 28, 2016 the City Council approved an
emergency ordinance which generally regulates the location, aesthetics, size
and ongoing maintenance of wireless equipment within the public right -of -way;
and
WHEREAS, the ordinance provides a mechanism for public input; and
WHEREAS, the ordinance and permitting process helps to ensure these
facilities are installed in a safe and reasonable manner that protects the use of
public right -of -way by pedestrians, vehicles, utilities, and the City; and
WHEREAS, City staff has worked cooperatively with telecommunications
companies on the installation of equipment in the public right -of -way that meets
the requirements and standards of the City's ordinance; and
WHEREAS, State Senator Ben Hueso (D -San Diego) introduced Senate Bill
649 on February 17, 2017; and
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WHEREAS, SB 649 proposes to eliminate most local control over the
installation and operation of these facilities within the public right -of -way; and
WHEREAS, the City's ordinance has been drafted to incentivize the use of
"small cell" installations in the public right -of -way; and
WHEREAS, SB 649 would render most of the City's wireless
telecommunications facilities ordinance inapplicable; and
WHEREAS, SB 649 would prohibit local discretionary review of "small cell"
wireless antennas, including equipment collocated on existing structures or
located on new "poles, structures, or non -pole structures;' including those within
the public right -of -way and buildings; and
WHEREAS, SB 649 preempts adopted local land use plans by mandating
that "small cells" be allowed in all zones as a use by- right, including all residential
zones; and
WHEREAS, SB 649 precludes consideration by the public of the aesthetic,
nuisance, and environmental impacts of these facilities, and the compatibility of
the "small cell" technology with the City's existing infrastructure and facilities, all
of which are of particular importance when the proposed location of facilities is
within the public right -of -way; and
WHEREAS, SB 649 requires that a city allow the installation of a "small cell"
on city -owned property not within the right -of -way to the extent that it allows
access to the property for other commercial projects; and
WHEREAS, the City believes this requirement could potentially have
significant negative impacts to City owned and operated facilities, including
Rabobank Arena, Sports Village, Mesa Morin Sports Complex and Aera Park.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
The above recitals are true and correct.
2. The City Council hereby confirms its opposition to Senate Bill 649 (D-
Hueso).
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3. That a copy of this Resolution be sent to the following:
a. Honorable State Senator, 401h District, Ben Hueso;
b. Honorable State Senator, 14th District, Andy Vidak;
c. Honorable State Senator, 18th District, Jean Fuller;
d. Honorable State Assemblymember, 32nd District, Rudy Solos;
e. Honorable State Assemblymember, 34th District, Vince Fong;
f. Members, State Senate Energy, Utilities and Communications
Committee;
g. Rony Berdugo, Legislative Representative, League of California
Cities
h. Raj Rakkar, South San Joaquin Valley Regional Public Affairs
Manager, League of California Cities
4. That the City Council requests the State Legislators and other officials
being noticed with this Resolution take appropriate actions to
oppose Senate Bill 649.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAR 2 9 7017 , by the following vote:
✓ ✓ ✓
COUNCIL MEMBER#4 ERR. GONZALES, WEIR, SMITH, SULLIVAN, PARLIERI '
NOES: COUNCIL MEMBER Noy.¢_
ABSTAIN: COUNCIL MEMBER
ENT' COUNCILMEMBER Nvexa.
APPROVED MAR 2 9 2017
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By J" 4
ANDREW HE ND
Deputy City Attorney
CHRIS GERRY
ACTING CITY CLERK and Ex Officio
Clerk of the Council of the City of
Bakersfield
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