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Home My WebLink AboutCC RESO 2019-65RESOLUTION NO. 2019 - 65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A CITY COUNCIL POLICY REGULATING SMALL WIRELESS FACILITIES AND A DELEGATION OF AUTHORITY TO THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE POLE LICENSE AGREEMENTS WITH THE CONCURRENCE OF THE CITY ATTORNEY WHEREAS, pursuant to the California Constitution, Article XI, section 7; California Government Code section 37100 and other applicable law, the City Council of the City of National City may make and enforce within its limits all local, police, sanitary and other ordinances, resolutions and other regulations not in conflict with general laws; and WHEREAS, since the City last amended its regulations for wireless facilities in 2012, significant changes in federal laws that affect local authority over personal wireless service facilities and other related infrastructure deployments have occurred, which includes, without limitation, new regulations by the Federal Communications Commission ("FCC") that (1) prohibit temporary moratoria on telecommunications infrastructure deployment; (2) create a new regulatory classification for small wireless facilities; (3) alter existing "shot clock" regulations to require local public agencies to do more in less time; (4) establish a national standard for an effective prohibition that replaces the existing "significant gap" test adopted by the United States Court of Appeals for the Ninth Circuit; (5) provide that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition; (6) limits the compensation that state and local governments may receive for access to their public rights -of -way and government - owned infrastructure; and (7) eliminates the City's proprietary authority over City -owned infrastructure within the public rights -of -way. These new regulations will be fully effective on April 15, 2019; and WHEREAS, City staff, with assistance from outside counsel specializing in telecommunications infrastructure regulations prepared this Resolution, which establishes reasonable, uniform and comprehensive standards and procedures for small wireless facilities and other infrastructure deployment, construction, installation, collocation, modification, operation, relocation and removal within the City of National City's territorial boundaries, consistent with and to the extent permitted under federal and California state law; and WHEREAS, the City owns as its personal property a substantial number of existing poles within the public right-of-way that are potentially suitable for installing wireless communications facilities within the City's jurisdiction and intends to fully effectuate this Policy by authorizing the City Manager, with the concurrence of the City Attorney, to negotiate pole license agreements to authorize providers to access individual City -owned poles subject to all the applicable permits issued by the City to protect public health, safety and welfare; and WHEREAS, on March 25, 2019, at a duly noticed public hearing, the Planning Commission considered a proposed amendment to § 18.30.220 together with proposed regulations for compliance with changes in the law, reviewed and considered the staff report, other written reports, public testimony and other information contained in the record; and Resolution No. 2019 — 65 Page Two WHEREAS, on April 16, 2019 and May 7, 2019, the City Council held a duly noticed public meeting to consider this Policy Resolution, at which the City Council received, reviewed and considered the staff report, written and oral testimony from the public and other information in the record. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby determines and finds as follows: 1. Findings. The City Council finds that: (a) the facts set forth in the recitals in this Resolution are true and correct and incorporated by reference; (b) the recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Resolution; (c) the provisions in this Resolution are consistent with the General Plan, National City Municipal Code and applicable federal and state law; and (d) neither this Resolution will be detrimental to the public interest, health, safety, convenience or welfare. 2. Policy Resolution. The City Council approves and adopts this Policy Resolution, attached hereto entitled City Council Policy on Small Wireless Facilities and Other Infrastructure Deployments within the Public Right -of -Way marked as Exhibit "A" and by this reference incorporated herein as though set forth in -full. 3. Pole License Agreements. The City Council delegates the authority to the City Manager or designee, with the concurrence of the City Attorney, to negotiate with state -authorized telephone corporations or cable service providers to execute a license agreement regarding City -owned vertical infrastructure for the purpose of deploying small wireless facilities consistent with this Resolution. 4. Environmental Review. Pursuant to California Environmental Quality Act ("CEQA") Guidelines § 15378 and California Public Resources Code § 21065, the City Council finds that this Resolution is not a "project" because its adoption is not an activity that has the potential for a direct physical change or reasonably foreseeable indirect physical change in the environment. Even if this Resolution qualified as a "project" subject to CEQA, the City Council finds that, pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a significant impact on the physical environment. This Resolution merely regulates the small wireless facilities and other infrastructure deployments. This Resolution does not directly or indirectly authorize or approve any actual changes in the physical environment. Applications for any new small wireless facility or other infrastructure deployment, or change to an existing small wireless facility or other infrastructure deployment, would be subject to additional environmental review on a case - by -case basis. Accordingly, the City Council finds that this Resolution is not subject to CEQA or, in the alternative, is exempt from CEQA under the general rule. 5. Severability. If any section, subsection, paragraph, sentence, clause, phrase or term (each a "Provision") in this Resolution, or any Provision's application to any person or circumstance, is held illegal, invalid or unconstitutional by a court of competent jurisdiction, all other Provisions not held illegal, invalid or unconstitutional, or such Provision's application to other persons or circumstances, shall not be affected. The City Council declares that it would have passed this Resolution, and each Provision therein, whether any one or more Provisions be declared illegal, invalid or unconstitutional. Resolution No. 2019 — 65 Page Three 6. Effective Date. This Resolution will become immediately effective upon adoption by the City Council and will remain effective until amended, superseded or repealed by a separate resolution adopted by the City Council. 7. Publication. The City Clerk shall cause this Resolution and to be published in electronic form on the City of National City's website, in physical form for public inspection at City Hall and at least two other public places within the City of National City a . ny other manner required by law. PASSED and ADOPTED on this 7th day of �; , 2,, All ejandr/S. ATTEST: p/ Michael R./Dalla, City Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on May 7, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-65 of the City of National City, California, passed and adopted by the Council of said City on May 7, 2019. City Clerk of the City of National City, California By: Deputy