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HomeMy WebLinkAboutAgenda Report - October 4, 2017 C-10TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM Cio Receive Report Regarding Communication Pertaining to Senate Bill 649 (Hueso): Wireless Telecommunications Facilities October 4, 2017 City Clerk RECOMMENDED ACTION: Receive report regarding communication pertaining to Senate Bill (SB) 649 (Hueso): Wireless Telecommunications Facilities. BACKGROUND INFORMATION: The City received a request for communication from the League of California Cities regarding SB 649 (Hueso): Wireless Telecommunications Facilities. There was a need to send a letter to Governor Brown immediately requesting his veto of SB 649. SB 649 would eliminate public input, eliminate reasonable local environmental and design review, mandate the forced leasing of publicly -owned infrastructure, and eliminate the ability for local governments to negotiate fair leases or any public benefit for the installation of "small cell" wireless equipment on taxpayer -funded property. By eliminating local discretion and mandating a ministerial process, SB 649 effectively eliminates the ability of residents and businesses from having fair input over the character of their own communities. Most troubling is the shift of authority from the community and elected officials to for-profit corporations for wireless equipment installations that can have significant health, safety, and aesthetic impacts when those companies have little, if any, interest to respect these concerns that potentially conflict with their profit margins. SB 649 forces cities to give access to public property funded by taxpayers so that for-profit wireless corporations can install their equipment to sell their private services. By eliminating fair market rate leases for use of taxpayer funded property (including city halls, parks, county libraries, and "vertical infrastructure"), this bill effectively gives corporations discounted access to these facilities with no requirement to pass their cost -savings onto their customers. SB 649 creates billions of dollars of value for wireless industry shareholders by eliminating fair market rate leases. Furthermore, rents from the use of public property, which every other for-profit business pays, help pay for essential public services, such as police, fire, libraries, and parks. SB 649 sets a dangerous precedent for other private industries to seek similar treatment to benefit their shareholders over constituent funded infrastructure, further eroding the ability to fund vital local services. The attached letter, electronically signed by the Mayor, was sent on September 22, 2017. A copy of the initial request is also attached. This report is provided for informational purposes only, pursuant to policy. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. ifer M. F aiolo, City Clerk APPROVED: , City Manager N:\Administration\CLERK\Council\COUNCOM\LeagueReceiveReportMaster.doc CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk@lodi.gov September 22, 2017 The Honorable Jerry Brown Governor, State of California State Capitol, First Floor Sacramento, CA 95814 Via Fax: (916) 558-3160 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: SB 649 (Hueso). Wireless Telecommunications Facilities (as enrolled) Request for Veto Dear Governor Brown: The City Lodi respectfully requests your veto of SB 649 (Hueso), which seeks to eliminate public input, eliminate reasonable local environmental and design review, mandate the forced leasing of publicly -owned infrastructure, and eliminate the ability for local governments to negotiate fair leases or any public benefit for the installation of "small cell" wireless equipment on taxpayer -funded property. By eliminating our local discretion and mandating a ministerial process, SB 649 effectively eliminates the ability of our residents and businesses from having fair input over the character of their own communities. Most troubling is the shift of authority from the community and our elected officials to for-profit corporations for wireless equipment installations that can have significant health, safety, and aesthetic impacts when those companies have little, if any, interest to respect these concerns that potentially conflict with their profit margins. Our elected officials play a critical role in balancing the important needs of our community and respect for its character with the need to close the existing/widening digital divide and ensure that the many benefits from state-of-the-art wireless technology are available to all. Our local residents and businesses expect our City to be equipped to respond when they have legitimate concerns, especially as they relate to the location and design of these installations near or adjacent to their property. The plain language of SB 649 gives the wireless industry the ability to install extremely large equipment, 6 cubic feet worth of antennas and 21 cubic feet worth of equipment (about the size of a twin bed) on "vertical infrastructure," such as street lights, traffic signals, and stop signs without any showing that the industry is incapable of delivering smaller cellular equipment that improves the safety and aesthetic qualities of these facilities. Further, the bill allows the industry to place up to 35 cubic feet (about the size of a commercial refrigerator) of equipment on the ground for each provider on every pole. But the ultimate size of a facility will be unknown as there are exclusions for at least eight "ancillary" pieces of equipment that have no size or quantity limitations. The loose language in SB 649 eliminates any incentives for industry to develop smaller and more discreet designs. To be clear, what SB 649 gives the industry is far larger than the claimed "pizza box" size "small cell" site. In an unprecedented move, SB 649 forces our City to give access to public property funded by our taxpayers so that for-profit wireless corporations can install their equipment to sell their private services. By eliminating fair market rate leases for use of taxpayer funded property (including city halls, parks, county libraries, and "vertical infrastructure"), this bill effectively gives corporations discounted access to these facilities with no requirement to pass their cost -savings onto their customers. SB 649 creates billions of dollars of value for wireless industry shareholders by eliminating fair market rate leases. Furthermore, rents from the use of public property, which every other for-profit business pays, help pay for our essential public services, such as police, fire, libraries, and parks. SB 649 sets a dangerous precedent for other private industries to seek similar treatment to benefit their shareholders over constituent funded infrastructure, further eroding the ability to fund our vital local services. The term "small cell" is not defined in this bill by any technology standard, but instead by the size of the equipment. As long as the facility delivers "licensed and/or unlicensed spectrum" and falls within the loose size standards in the bill, it is a "small cell". In other words, these wireless sites could be used for 4G technology that is already being deployed today, or to deliver Wi-Fi signals only, or for even more basic radio signals. The standards for 5G are still being developed and the technology is still years away from being deployed. Despite the industry's most consistent talking point, this bill never even mentions 5G (nor any service) much less imposes any requirement, duty, or incentive to the industry to accelerate the deployment of this new technology. For these reasons, the City Lodi respectfully requests your veto of SB 649. Sincerely, /4/ Doa9 Doug Kuehne Mayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: (916) 651-4905 Assemblymember Jim Cooper, Fax: (916) 319-2109 Tom Dyer, Deputy Legislative Affairs Secretary, Office of Governor Brown, Fax: (916) 558-3160 Stephen Qualls, League of California Cities, Regional Public Affairs Manager, squalls@cacities.org Meg Desmond, League of California Cities, mdesmond@cacities.org Jennifer Ferraiolo From: Charles Swimley Sent: Thursday, September 21, 2017 1:24 PM To: Jennifer Ferraiolo; Steve Schwabauer; Janice Magdich Subject: FW: [Public_works] SB 649 (Hueso) League Veto Letter and Sample City Veto Letter Attachments: SB 649 - VETO CITY SAMPLE.docx; SB 649 (Hueso) - REQUEST FOR VETO Governor.pdf; ATT00001.txt From: Public_works [mailto:public works-bounces@lists.cacities.org] On Behalf Of Derek Dolfie Sent: Thursday, September 21, 2017 10:35 AM To: 'City_managers@lists.cacities.org' <City managers@lists.cacities.org>; 'public_works@lists.cacities.org' <public works@lists.cacities.org>;'fiscalofficers@lists.cacities.org' <fiscalofficers@lists.cacities.org>; 'tcpw@lists.cacities.org' <tcpw@lists.cacities.org> Subject: [Public_works] SB 649 (Hueso) League Veto Letter and Sample City Veto Letter Hello All, Attached is the League's veto letter and sample city veto letter for SB 649 (Hueso) pertaining to small cell wireless infrastructure. If your city would like to send in a veto letter for this measure, please use the sample letter provided and send to the people cc'ed at the bottom. Thank you! Best Regards, Derek Dolfie Derek Dolfie !Legislative Policy Analyst League of California Cities 1400 K St. Suite 400 Sacramento, CA 95814 1 Jennifer Ferraiolo From: Jennifer Ferraiolo Sent: Friday, September 22, 2017 10:15 AM To: Stephen R. Qualls (squalls@cacities.org); mdesmond@cacities.org Subject: Request for Veto Letter - SB 649 (Hueso): Wireless Telecommunications Facilities Attachments: ISB649_2.pdf Please note that the attached letter from Lodi Mayor Kuehne was sent to Governor Brown today. Feel free to contact me if you have any questions. Jennifer M. Ferraiolo, MMC City Clerk P.O. Box 3006 Lodi, CA 95241-1910 (209) 333-6702 (209) 333-6807 FAX FACSIMILE COVER SHEET CITY CLERK'S OFFICE 221 WEST PINE STREET - P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 PHONE (209) 333-6702 FAX (209) 333-6807 cityclrk(Iodi.gov or jferraiolo@lodi.gov DATE: September 22, 2017 FROM: Jennifer M. Ferraiolo City Clerk TO: The Honorable Jerry Brown, Governor, State of California (916) 558-3160 Senator Cathleen Galgiani, (916) 651-4905 Assemblymember Jim Cooper, (916) 319-2109 Tom Dyer, Deputy Legislative Affairs Secretary, Office of Governor Brown, (916) 558-3160 COMMENTS: Letter requesting vote of SB 649 (Hueso): Wireless Telecommunications Facilities. THIS TRANSMITTAL CONTAINS 3 PAGE(S), INCLUDING THIS COVER SHEET. forms\aafaxjen.doc CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 ,n'ww.lodi.gov cityclerk a(7,ladi.gav September 22, 2017 The Honorable Jerry Brown Governor, State of California State Capitol, First Floor Sacramento, CA 95814 Via Fax: (916) 558-3160 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: SB 649 (Hueso). Wireless Telecommunications Facilities (as enrolled) Request for Veto Dear Governor Brown: The City Lodi respectfully requests your veto of SB 649 (Hueso), which seeks to eliminate public input, eliminate reasonable local environmental and design review, mandate the forced leasing of publicly -owned infrastructure, and eliminate the ability for local governments to negotiate fair leases or any public benefit for the installation of "small cell" wireless equipment on taxpayer -funded property. By eliminating our local discretion and mandating a ministerial process, SB 649 effectively eliminates the ability of our residents and businesses from having fair input over the character of their own communities. Most troubling is the shift of authority from the community and our elected officials to for-profit corporations for wireless equipment installations that can have significant health, safety, and aesthetic impacts when those companies have little, if any, interest to respect these concerns that potentially conflict with their profit margins. Our elected officials play a critical role in balancing the important needs of our community and respect for its character with the need to close the existing/widening digital divide and ensure that the many benefits from state-of-the-art wireless technology are available to all. Our local residents and businesses expect our City to be equipped to respond when they have legitimate concerns, especially as they relate to the location and design of these installations near or adjacent to their property. The plain language of SB 649 gives the wireless industry the ability to install extremely large equipment, 6 cubic feet worth of antennas and 21 cubic feet worth of equipment (about the size of a twin bed) on "vertical infrastructure," such as street lights, traffic signals, and stop signs without any showing that the industry is incapable of delivering smaller cellular equipment that improves the safety and aesthetic qualities of these facilities. Further, the bill allows the industry to place up to 35 cubic feet (about the size of a commercial refrigerator) of equipment on the ground for each provider on every pole. But the ultimate size of a facility will be unknown as there are exclusions for at least eight "ancillary" pieces of equipment that have no size or quantity limitations. The loose language in SB 649 eliminates any incentives for industry to develop smaller and more discreet designs. To be clear, what SB 649 gives the industry is far larger than the claimed "pizza box" size "small cell" site. In an unprecedented move, SB 649 forces our City to give access to public property funded by our taxpayers so that for-profit wireless corporations can install their equipment to sell their private services. By eliminating fair market rate leases for use of taxpayer funded property (including city halls, parks, county libraries, and "vertical infrastructure"), this bill effectively gives corporations discounted access to these facilities with no requirement to pass their cost -savings onto their customers. SB 649 creates billions of dollars of value for wireless industry shareholders by eliminating fair market rate leases. Furthermore, rents from the use of public property, which every other for- profit business pays, help pay for our essential public services, such as police, fire, libraries, and parks. SB 649 sets a dangerous precedent for other private industries to seek similar treatment to benefit their shareholders over constituent funded infrastructure, further eroding the ability to fund our vital local services. The term "small cell" is not defined in this bill by any technology standard, but instead by the size of the equipment. As long as the facility delivers "licensed and/or unlicensed spectrum" and falls within the loose size standards in the bill, it is a "small cell". In other words, these wireless sites could be used for 4G technology that is already being deployed today, or to deliver Wi-Fi signals only, or for even more basic radio signals. The standards for 5G are still being developed and the technology is still years away from being deployed. Despite the industry's most consistent talking point, this bill never even mentions 5G (nor any service) much less imposes any requirement, duty, or incentive to the industry to accelerate the deployment of this new technology. For these reasons, the City Lodi respectfully requests your veto of SB 649. Sincerely, /4/no? z Doug Kuehne Mayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: (916) 651-4905 Assemblymember Jim Cooper, Fax: (916) 319-2109 Tom Dyer, Deputy Legislative Affairs Secretary, Office of Governor Brown, Fax: (916) 558-3160 Stephen Qualls, League of California Cities, Regional Public Affairs Manager, squalls(ricacities.org Meg Desmond, League of California Cities, mdesmond@cacities.orq 09/22/2017 FRI 10:08 FAX 1001 ********************* *** FAX TX REPORT *** ********************* TRANS MIISST ON OK JOB NO. 0842 DEPT. ID 101 DESTINATION ADDRESS 919165583160 SUBADDRESS DESTINATION ID ST. TIME 09/22 10:07 TX/ RX TIME 01' 10 PGS. 3 RESULT OK FACSIMILE COVER SHEET CITY CLERK'S OFFICE 221 WEST PINE STREET - P.O, BOX 3006 LODI, CALIFORNIA 95241-1910 PHONE (209) 333-6702 FAX (209) 333-6807 citycirk(jlodi.gov or ifc;riai*OEodixqy DATE: September 22, 2017 FROM: Jennifer M. Ferraiolo City Clerk TO: The Honorable Jerry Brown, Governor, State of California (916) 558-3160 Senator Cathleen Galgiani, (916) 651-4905 Assemblymember Jim Cooper, (916) 319-2109 Tom Dyer, Deputy Legislative Affairs Secretary, Office of Governor Brown, (916) 558-3160 COMMENTS: Letter requesting vote of SB 649 (Hueso): Wireless Telecommunications Facilities. THIS TRANSMITTAL CONTAINS 3 PAGE(S), INCLUDING THIS COVER SHEET. 09/22/2017 FRI 10:10 FAX 'Zion ********************* *** FAX TX REPORT *** ********************* TRANSMISSION OK JOB NO. 0843 DEPT. ID 101 DESTINATION ADDRESS 919166514905 SUBADDRESS DESTINATION ID ST. TIME 09/22 10:08 TX/RX TIME 01' 32 PGS. 3 RESULT OK FACSIMILE COVER SHEET CITY CLERK'S OFFICE 221 WEST PINE STREET - P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 PRONE (209) 333-6702 FAX (209) 333-6807 cityclrk(u�Io41.gov Or jiell%)iulnirlln[4i_gily DATE: September 22, 2017 FROM: Jennifer M. Ferraiolo City Clerk TO: The Honorable Jerry Brown, Governor, State of California (916) 558-3160 Senator Cathleen Galgiani, (916) 651-4905 Assemblymember Jim Cooper, (916) 319-2109 Tom Dyer, Deputy Legislative Affairs Secretary, Office of Governor Brown, (916) 558-3160 COMMENTS: Letter requesting vote of SB 649 (Hueso): Wireless Telecommunications Facilities. THIS TRANSMITTAL CONTAINS 3 PAGE(S), INCLUDING THIS COVER SHEET. 09/22/2017 FRI 10:11 FAX 1001 ********************* *** FAX TX REPORT *** ********************* TRANSMISSION OK JOB NO. DEPT. ID DESTINATION ADDRESS SUBADDRESS DESTINATION ID ST. TIME TX/RX TIME PGS. RESULT 0844 101 919163192109 09/22 10:10 01' 13 3 OK FACSIMILE COVER SHEET CITY CLERK'S OFFICE 221 WEST PINE STREET - P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 PHONE (209) 333-6702 FAX (209) 333-6807 city�lrlc{ci)Ic�cli.Duv. or jtcrraiolo(Iods.gov DATE: September 22, 2017 FROM: Jennifer M. Ferraiolo City Clerk TO: The Honorable Jerry Brown, Governor, State of California (916) 558-3160 Senator Cathleen Galgiani, (916) 651-4905 Assemblymember Jim Cooper, (916) 319-2109 Tom Dyer, Deputy Legislative Affairs Secretary, Office of Governor Brown, (916) 558-3160 COMMENTS: Letter requesting vote of SB 649 (Hueso): Wireless Telecommunications Facilities. THIS TRANSMITTAL CONTAINS 3 PAGE(S), INCLUDING THIS COVER SHEET. 09/22/2017 FRI 10:13 FAX Zoo]. ********************* *** FAX TX REPORT *** ********************* TRANSMISSION OK JOB NO. DEPT. ID DESTINATION ADDRESS SUBADDRESS DESTINATION ID ST. TIME TX/RX TIME PGS. RESULT 0845 101 919165583160 09/22 10:12 01' 10 3 OK FACSIMILE COVER SHEET CITY CLERK'S OFFICE 221 WEST PINE STREET - P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 P[ -[ONE (209) 333.6702 FAX (209) 333-6807 cipclrk rf Iodi.gof or j I'eri•{iiolo rQIOdi.gov DATE: September 22, 2017 FROM: Jennifer M. Ferraiolo City Clerk TO: The Honorable Jerry Brown, Governor, State of California (916) 558-3160 Senator Cathleen Galgiani, (916) 651-4905 Assemblymember Jim Cooper, (916) 319-2109 Tom Dyer, Deputy Legislative Affairs Secretary, Office of Governor Brown, (916) 558-3160 COMMENTS: Letter requesting vote of SB 649 (Hueso): Wireless Telecommunications Facilities. THIS TRANSMITTAL CONTAINS 3 PAGE(S), INCLUDING THIS COVER SHEET.