HomeMy WebLinkAboutResolution No. 17-7746-Opposing State Senate Bill 649, An Infringement of Public Property Rights, Environmental Review and Public InputRESOLUTION NO. 17-7746
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
OPPOSING STATE SENATE BILL 649, AN INFRINGEMENT OF PUBLIC
PROPERTY RIGHTS, ENVIRONMENTAL REVIEW AND PUBLIC INPUT
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 use the City of Downey's
rights-of-way to install wireless facilities to improve or enhance wireless communication
services; and
WHEREAS, cities are prohibited from preventing, or taking action that may prevent, the
provision of wireless services; and
WHEREAS, the City of Downey currently has the authority to limit unreasonable
interference with the public's use of public infrastructure including public rights-of-way such as
streets and sidewalks; and
WHEREAS, the City of Downey has routinely negotiated with wireless companies to
facilitate the installation of wireless facilities and antennae in appropriate areas that do not
impact aesthetic or public use or result in detrimental impacts to the environment or to private
(including residential) property values; and
WHEREAS, the City of Downey has routinely facilitated the installation of wireless
facilitates and antennae in appropriate public areas in exchange for fair market lease rates that
benefit the maintenance of public property and provision of public safety; and
WHEREAS, the City of Downey has, for the last six years, urged local
telecommunications companies and wireless companies to assist the City in bridging the "digital
divide" in our region by rolling out the fastest -available wireless and internet services; and
WHEREAS, the City of Downey has routinely been assured by wireless and
telecommunications companies that the City has been a most helpful partner and in no way
impedes the installation of equipment and facilities that would expand service; and
WHEREAS, despite the City's willingness to be a partner in cutting-edge technology
deployment, the City has routinely been rebuffed by wireless and telecommunications
companies which state they do not intend to include the City's residential and business
customers in upcoming plans for the latest wireless and internet technologies, including "5G"
service; and
WHEREAS, State Senate Bill 649, introduced in February 2017, proposes to eliminate
most local control and public input over the installation and operation of these wireless antennae
and accompanying facilities within the public right-of-way and on public property; and
WHEREAS, SB 649 has absolutely no requirement for telecommunications providers to
provide "5G" or other advanced technological services on the wireless facilities; and
WHEREAS, the SB 649 pre-empts local control by requiring that "small cells" and all of
their large ancillary equipment be allowed in all zones as a by -right use, including in residential
neighborhoods; and
RESOLUTION NO. 17-7746
PAGE 2
WHEREAS, SB 649 does not allow the public or local agencies to consider aesthetic,
nuisance or environmental impacts of these facilities or the compatibility of this technology with
the City's existing infrastructure and facilities; and
WHEREAS, SB 649 defines public rights-of-way to include public buildings and
structures; and
WHEREAS, any payment for less than market value by a private, for-profit company
would be deemed a gift of public funds; and
WHEREAS, SB 649 specifically allows the telecommunications companies to pay
substantially lower lease rates to the City for the use of public rights-of-way, including publicly
owned or operated buildings, than would be paid by any other private business; and
WHEREAS, the City believes that the requirements in SB 649 would have potentially
significant negative impacts to the City's owned and operated facilities; to private and residential
property values; and to City finances.
NOW, THEREFORE, THE CITY Y l..OUNC.IL. OF THE CITY OF DOWNEir DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Downey hereby affirms its opposition to
Senate Bill 649.
Section 2. The City Council directs the City Manager to provide the Governor's office,
other state legislators and interested public officials, and all other interested parties with copies
of this resolution. The City Manager (or designee) is further authorized to submit such other
written protests or oral testimony on behalf of the City of Downey as reasonably warranted to
express the City's opposition to SB 649.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 26th day of September, 2017.
FERRAN60 VASQUEZ, Mayor
ATTEST:
�-�4 /a-,� ,, a - Ka.A-;tL,
MARI'A ALICIA DUART , CMC
Interim City Clerk
RESOLUTION NO. 17-7746
PAGE 3
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 26th day of September, 2017 by the
following vote, to wit:
AYES:
Council Members: Pacheco, Rodriguez, Saab, Ashton, Mayor Vasquez
NOES:
Council Member: None.
ABSENT:
Council Member: None.
ABSTAIN:
Council Member: None.
MARV ALICIA DUARTE, CMC
Interim City Clerk