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City of San Leandro <br />Meeting Date: January 7, 2019 <br />Urgency Ordinance <br />Agenda Section:File Number:18-673 ACTION ITEMS <br />Agenda Number: <br />TO:City Council <br />FROM:Jeff Kay <br />City Manager <br />BY:Jeff Kay <br />City Manager <br />FINANCE REVIEW:Not Applicable <br />TITLE:URGENCY ORDINANCE of the City of San Leandro City Council Amending Title <br />5, Chapter 5-1 of the San Leandro Municipal Code to Amend Encroachment <br />Requirements Relating to Small Cell Wireless Telecommunications Facilities to <br />Become Effective Immediately. <br />WHEREAS, this Ordinance is adopted as an urgency ordinance pursuant to California <br />Government Code Section 36937(b). The facts constituting the urgency are as follows: <br />(1) The purpose of this Ordinance is to amend the City's Municipal Code to revise encroachment <br />permit requirements to address installation of “small cell” wireless telecommunications facilities in <br />the City's public right-of-way, in light of the Declaratory Ruling and Third Report and Order, “In the <br />Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure <br />Investment” adopted September 26, 2018 by the Federal Communications Commission (“Order”) <br />setting new limitations on local standards for, and accelerating the processing of, the siting of <br />small cell wireless telecommunications facilities by local jurisdictions over such applications. <br />(2) Providers within the wireless telecommunications industry have expressed interest in <br />submitting applications, or have already submitted applications, for the installation of small cell <br />wireless telecommunications facilities in the City's public road rights-of-way. Other California <br />cities have also received applications for small cells to be located within the public road <br />right-of-way. <br />(3) The recent FCC Order interprets provisions of the Telecommunications Act of 1996 to restate <br />the preemption that local governments cannot enact ordinances and regulations that “prohibit” or <br />“effectively prohibit” the provision of telecommunications services. Consistent with this <br />interpretation, the Order further provides that all local jurisdictions must comply with various <br />restrictions on the exercise of local aesthetic, zoning, public works, and fee restrictions when <br />dealing with wireless installation siting applications by the effective date of the Order, which is <br />presumed to be January 14, 2019, barring judicial intervention. The Order further provides that all <br />agencies should be capable of fully implementing its provisions within 180 days of its adoption, <br />Page 1 City of San Leandro Printed on 12/21/2018