pages: CityCouncil/2020-02-04.pdf, 18
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CityCouncil | 2020-02-04 | 18 | (20-069) Introduction of Ordinance Amending the Alameda Municipal Code by: (1) Adding New Section 23-9 (Personal Wireless Service Facilities in the Public Right-Of- Way); and (2) Amending Section 2-59.3 (Limitation and Power to Make Contracts) to Exempt Master License Agreements for Use of Public Assets for Personal Wireless Service Facility Installation. Introduced; and (20-069A) Recommendation to Authorize the City Manager, or Designee, to Negotiate and Execute Master License Agreements for Use of Public Assets Consistent with Local Law. The Deputy Public Works Director gave a brief presentation. Mayor Ezzy Ashcraft inquired whether there is a legal challenge to Senate Bill (SB) 649 moving through the courts. The Deputy Public Works Director responded in the affirmative; stated the City Attorney's office can provide further information; stated there is a legal challenge to the 2018 Federal Communications Commission (FCC) ruling. Mayor Ezzy Ashcraft inquired how a ruling in favor of cities would impact current decisions and discussions. The City Attorney responded the legal challenge is still working through the court system; stated there is no current pending injunction against the particular federal legislation; staff has proposed the best comprehensive local regulation that a local agency is able to implement at this time; should a judicial ruling be received overturning the federal regulation, staff would return in cooperation with the Public Works Department to provide additional local control to the maximum extent possible. Councilmember Daysog noted cell towers were proposed in 2015 at the corners of Lincoln Avenue and Saint Charles Street, and Shore Line Drive and Grand Avenue; stated there was much involvement from Planning Department staff at the time; inquired whether the Planning Department is still involved or if the responsibility has shifted to the Public Works Department. The City Attorney responded local regulation of cell towers originate from two places: regulation of the local right of way and regulation of private property cell towers; stated in both instances, local control is significantly circumscribed by federal legislation; the item presented relates to the public right of way regulations; should Council desire for the City to implement further review of the zoning regulations on private property very brief direction may be provided to staff. Councilmember Daysog stated that he does not recall seeing references to the Recreation and Parks Commission in the report; many cell towers are being placed in parks; inquired about involving the Recreation and Parks Commission. Regular Meeting Alameda City Council 16 February 4, 2020 | CityCouncil/2020-02-04.pdf |