A RESOLUTION IN OPPOSITION TO AB 57 ( QUIRK) CHANGES TO THE APPROVAL PROCESS FOR APPLICATIONS RELATED TELECOMMUNICATION FACILITIES

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1 CITY COUNCIL AUGUST 3, 2015 CONSENT CALENDAR SUBJECT: A RESOLUTION IN OPPOSITION TO AB 57 ( QUIRK) CHANGES TO THE APPROVAL PROCESS FOR APPLICATIONS RELATED TO THE SITING AND CONSTRUCTION OF WIRELESS TELECOMMUNICATION FACILITIES INITIATED BY: MAYOR PRO TEMPORE LAUREN MEISTER Hernan Molina, Governmental Affairs Liaison1" Andi Lovano, Project Development Administrator Ott STATEMENT ON THE SUBJECT: The City Council will consider adopting act to add Section telecommunications facilities. a resolution in opposition to AB 57 ( Quirk), an to the Government Code, relating to siting and collocation of RECOMMENDATIONS: 1. Adopt Resolution No t-{ M " A RESOLUTION IN OPPOSITION TO AB 57 ( QUIRK) CHANGES TO THE APPLICATION AND APPROVAL PROCESS TIMELINES FOR THE SITING AND CONSTRUCTION OF WIRELESS TELECOMMUNICATION FACILITIES." 2. Direct staff to send signed copies of the adopted resolutions to the offices of Governor Jerry Brown, Assemblymembers Richard Bloom and Bill Quirk, Senator Ben Allen, and the League of California Cities. BACKGROUND AND ANALYSIS: Assembly Bill ( AB) 57 was introduced by Assemblymember Bill Quirk ( D- Hayward) and amended on July 8, AB 57 is purported to expedite and promote the deployment of communication infrastructure by removing barriers to investment and the siting and construction of telecommunications facilities. The author has stated that AB 57 is needed to remove regulatory barriers so that more telecommunications facilities can be built, thus, spurring development. To achieve the bill' s purported intent, the author proposes adding Section to the Government Code related to telecommunications. This new section amends existing law and states that a collocation or siting application for a wireless telecommunications facility is deemed approved if the city or county fails to approve or disapprove the application within the reasonable time periods specified in applicable decisions of the Federal Communications Commission ( FCC), all required public notices have AGENDA ITEM 2 Ṭ

2 been provided regarding the application, and the applicant has provided a notice to the city or county that the reasonable time period has lapsed. For the City of West Hollywood, AB 57 would unnecessarily and significantly impact the City' s authority to regulate the placement of certain wireless telecommunications facilities. AB 57 goes beyond the requirements of federal law and regulations by deeming approved any application for collocation or siting of new wireless facilities if a jurisdiction does not approve or disapprove the application within the timelines required by the FCC. In 2009, the FCC adopted rules that require local governments to review and act on applications for the establishment of wireless communications structures. Under that ruling, cities have 90 days to review collocation applications, and 150 days for other siting applications. If cities do not act in this timeframe, an applicant can bring action in court. During the rulemaking, wireless carriers requested that the FCC adopt the deemed approved requirements included in AB 57. However, the FCC rightly refused. The issue was raised again in 2014 when the FCC reviewed requirements under a new federal rule, known as the 6409 rule, regarding what is considered a " substantial modification". Again, the FCC refused to issue a deemed approved rule. The City is unaware of any evidence that special circumstances exist in California that would require a special deemed approved rule. In addition to the policy concerns above, the City notes that the federal law continues to have court challenges. The City of West Hollywood has always strived for a balanced approach to development that takes into consideration the needs of the business community while balancing the needs of its residents. In late 2014, the City Council adopted the Legislative Priorities, which includes, among other relevant matters, the issue of" Urban Balance", and it states: Support legislative and administrative efforts to maintain the integrity of local government's control over land use. Oppose legislation and regulations that preempt local governments' land use authority. Thus, this item is consistent with the spirit of the City Council' s approved Legislative Priorities to protect local control and preserve the integrity of locally approved land use policies. ORGANIZATIONS AND LOCAL GOVERNMENTS OPPOSED TO AB 57: ( partial list) The League of California Cities along the California State Association of Counties CSAC), the American Planning Association California Chapter (APA), and the State of California and Nevada Chapter of National Association of Telecommunications Officers and Advisors ( SCAN NATOA) oppose AB 57. Counties: Alameda; San Bernardino; Imperial; Marin; Monterey; Los Angeles; San Diego; Stanislaus; Ventura.

3 Cities: Berkeley; Beverly Hills; Burbank; Calabasas; Camarillo, Cerritos; Corona; Culver City; Diamond Bar; Fremont; Glendale; Huntington Beach; La Canada Flintridge; La Quinta; Laguna Beach; Lake Forest; Los Angeles; Norwalk; Ontario; Oxnard; Pico Rivera; Piedmont; Rancho Cucamonga; Roseville; San Dimas; San Gabriel; San Rafael; Seaside; Thousand Oaks; Torrance; Vista; Walnut Creek; Whittier. City and County of San Francisco ORGANIZATIONS IN SUPPORT OF AB 57: ( partial list) AT&T; Sprint; T- Mobile: Verizon; PCIA The Wireless Infrastructure Association; Bay Area Council; California Asian Pacific Chamber of Commerce; California Hispanic Chambers of Commerce; California Chamber of Commerce; California Manufacturers & Technology Association; California Wireless Association; CTIA The Wireless Association; California Chamber of Commerce; Los Angeles Area Chamber of Commerce; National Emergency County Business Council; Silicon Valley Leadership Group. EVALUATION: Number Association The 911 Association; Orange Staff will track the progress of AB 57 as the bill moves through the legislative process. ENVIRONMENTAL SUSTAINABILITY AND HEALTH: N/ A CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item is consistent with one of the City' s ongoing strategic goal of " actively participating in regional issues". Additionally, this item is consistent with West Hollywood General Plan goal: " G- 1: Ensure that the community is active and engaged in the decision-making process." OFFICE OF PRIMARY RESPONSIBILITY: City Lobbyist Helyne Meshar. FISCAL IMPACT: None ATTACHMENT( S): YES Resolution No A RESOLUTION IN OPPOSITION TO AB 57 ( QUIRK) CHANGES TO THE APPROVAL PROCESS FOR APPLICATIONS RELATED TO THE SITING AND CONSTRUCTION OF WIRELESS TELECOMMUNICATION FACILITIES."

4 Resolution No A RESOLUTION IN OPPOSITION TO AB 57 ( QUIRK) CHANGES TO THE APPROVAL PROCESS FOR APPLICATIONS RELATED TO THE SITING AND CONSTRUCTION OF WIRELESS TELECOMMUNICATION FACILITIES WHEREAS, AB 57 was introduced by Assemblymember Bill Quirk ( D- Hayward) to expedite and promote the deployment of communication infrastructure by removing barriers to investment and the siting and construction of telecommunications facilities; WHEREAS, Under existing federal law, the Federal Communications Commission ( FCC) issued a ruling establishing reasonable time periods within which a local government is required to act on a collocation or siting application for a wireless telecommunications facility; and WHEREAS, AB 57 proposes to amend existing law by applying a " deemed approved" rule as it relates to the current application process for the siting and collocation of wireless telecommunications facilities; and WHEREAS, AB 57 states that an application shall be deemed approved if the city or county fails to approve or disapprove the application within the reasonable time periods specified in applicable decisions of the Federal Communications Commission FCC), all required public notices have been provided regarding the application, and the applicant has provided a notice to the city or county that the reasonable time period has lapsed; and WHEREAS, AB 57, would unnecessarily and significantly impact the City' s authority to regulate the placement of certain wireless telecommunications facilities; and WHEREAS, in 2009, the FCC adopted rules that require local governments to review and act on applications for the establishment of wireless communications structures. Under that ruling, cities have 90 days to review collocation applications, and 150 days for other siting applications. If cities do not act in this timeframe, an applicant can bring action in court. During the rulemaking, wireless carriers requested that the FCC adopt the deemed approved requirements included in AB 57, which the FCC rightly refused; and WHEREAS, in 2014 when the FCC reviewed requirements under a new federal rule, known as the 6409 rule, regarding what is considered a " substantial modification", the FCC refused, again, to issue a deemed approved rule; and WHEREAS, AB 57 goes beyond the requirements of federal law and regulations by deeming approved any application for collocation or siting of new wireless facilities if

5 a jurisdiction does not approve or disapprove the application within the timelines required by the FCC; and WHEREAS, AB 57 purports to fix a system that is not broke by forcing into local municipalities a " deemed approved rule". WHEREAS, AB 57 diminishes local control over land use policies while at the same time reducing the ability of the City to properly review siting and collocation of wireless facilities; and WHEREAS, the City of West Hollywood has always strived and sought to balance the needs of the business community with that of local residents, by enacting policies that do not overburden developers while at the same time acknowledging the needs of its residents, and WHEREAS, the City is unaware of any evidence that special circumstances exist in the City of West Hollywood or the State of California that would require a special deemed approved rule; and THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD HEREBY OPPOSES AB 57 ( QUIRK) AN ACT TO AMEND THE GOVERNMENT CODE SECTION RELATED TO TELECOMMUNICATIONS

6 are important to ensuring public safety and fair competition, it should not take more than a day for an entrepreneur to identify and apply, ideally through a single online tool, for all the licenses and permits they need in order to responsibly launch a business. Accordingly, we resolve to: 1. Create a " Startup in a Day" online tool within 12 months: we will develop within a year a website or application that lets most entrepreneurs identify and apply within one day for all requirements to launch a business in our respective communities. 2. Develop a streamlined, business-friendly, online permitting system: Our pledge is a first step in a larger effort to streamline, simplify, and bring online those regulatory requirements that have traditionally been fragmented across multiple agencies and handled through a paper-based process. Our ultimate goal is for small business owners to be able to manage and complete most of their regulatory obligations within a single easy-to- use online system. 3. Share best practices: In an effort to encourage other municipalities to join us in this effort, we are joining a community of practice administered by the National League of Cities, and commit to sharing best practices, publicizing key learnings, highlighting tangible outcomes, supporting smart regulatory simplification, and providing visibility into our actions." With the approval of this resolution, the City of West Hollywood is expressing its support for the Startup in a Day Initiative and its commitment to the goals declared in the Pledge. As part of their approved work plans for fiscal year , several City Departments are already taking action to meet the Pledge goals. Projects that are already in progress include: The Arts and Economic Development Division in partnership with the Code Compliance and Revenue Management Divisions are creating a streamlined business tax certificate and business licensing process. Improvements will include collection of additional business data such as employee size, and emergency contact information for business owners, as well as clarification of business type. The Revenue Management Division is evaluating options for online business tax certificate renewals. The Community Development Department is evaluating opportunities for creating a business concierge to assist small- and medium- sized businesses through the City' s permitting process. The Community Development Department is currently testing online permitting models and software to allow for the acceptance of credit cards online and processing of permitting transactions through an online portal.