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HomeMy WebLinkAbout09/20/2016 B A K E R S F I E L D Committee Members Staff: Chris Huot Councilmember, Bob Smith Chair Assistant City Manager Vice Mayor, Harold Hanson Councilmember, Ken Weir SPECIAL MEETING OF THE PLANNING AND DEVELOPMENT COMMITTEE Tuesday, September 20, 2016 12:00 p.m. City Hall North – Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 AGENDA SUMMARY REPORT The meeting was called to order at 12:00 p.m. 1. ROLL CALL Committee members: Councilmember, Bob Smith, Chair Vice Mayor, Harold Hanson Councilmember, Ken Weir City Staff: Alan Tandy, City Manager Chris Huot and Steven Teglia, Assistant City Managers Christopher Gerry, Administrative Analyst – City Manager’s Office Caleb Blaschke, Management Assistant Virginia Gennaro, City Attorney Andy Heglund, Deputy City Attorney Ted Wright, Assistant Public Works Director Bob Wilson, Public Works Subdivision Supervisor Jacqui Kitchen, Planning Director Paul Johnson, Planning Division Principal Planner Devin Daugherty, Park Construction and Facility Planner Lisa McGranahan, Human Resources Manager Additional Attendees: Barb Winn, AT& T Communications Dave Dmhowski, Quad Knopf 2. ADOPT AUGUST 2, 2016 AGENDA SUMMARY REPORT The report was adopted as submitted. /S/ Chris Huot Planning and Development Committee September 20, 2016 Agenda Summary Report Page 2 3. PUBLIC STATEMENTS None 4. NEW BUSINESS A. Discussion Regarding the Wireless Communication Facilities in Public Right-of- Way – Fidler/Heglund Deputy City Attorney Heglund provided a presentation reviewing the current provisions of the municipal code related to the placement of wireless equipment and the proposed ordinance to regulate the type of equipment in the right-of-way. He referred to the memorandum included in the meeting packet. Councilmember Weir inquired about the urgency of having an ordinance related to wireless communication facilities enacted. Deputy City Attorney Heglund stated that there were several contributing factors including an increase of applications received from several wireless companies requesting to place equipment on public right-of-way, the current policy does not contain guidelines to analyze the type of equipment allowable in the public right-of- way, and recent technology advances. City Attorney Gennaro stated changes in the industry have caused the wireless companies to change their requests to locate equipment on private property to public property as it reduces their costs. Under the current policy, the city has 60 days to reject or approve applications. Assistant Public Works Director Wright stated that the wireless companies are also trying to increase and extend the capacity and coverage they provide. Federal regulation requires an application be reviewed for completeness within 30 days of receiving it. If it is neither approved nor denied within that time, it is considered approved. Committee member Weir asked if staff would be able to meet the timeframe guidelines and Committee Chair Smith inquired if the Committee would be presented with the standard requirements. Assistant Public Works Director Wright stated staff has been working on the application and standard requirements in conjunction with the preparation of the proposed ordinance. The ordinance will provide general standards governing the look, size, location, and impacts of that equipment and will concur with the city’s design manual standards. Committee Chair Smith asked if it was possible to charge a franchise or lease fees. Assistant Public Works Director Wright stated that the wireless companies are licensed through the California Public Utilities Commission (CPUC) and therefore a franchise fee cannot be charged. A lease fee could be charged if the equipment was placed on city property. Planning and Development Committee September 20, 2016 Agenda Summary Report Page 3 Committee member Weir asked who would be determining and validating the applications. Deputy Attorney Heglund stated the ordinance will require a deposit fee and a permit fee be provided at the time of application submission. The fees will be used to hire a consultant who will analyze the application. An exact deposit or fee amount has not been determined as the amount will vary depending on the process taken. Committee member Weir made a motion to present the proposed ordinance to the full City Council. The motion was unanimously approved. 5. COMMITTEE COMMENTS None 6. ADJOURNMENT The meeting adjourned at 12:37 p.m.