HomeMy WebLinkAboutReso 2017-217RESOLUTION NO. 2017-217
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE FORM OF A
MASTER LICENSE AGREEMENT FOR WIRELESS
FACILITIES ON CITY POLES IN THE RIGHT-OF-WAY
WHEREAS, the City Council approved Resolution N o. 18601 on March 18,
1997, conceptually approving the marketing of City properties for use by telecommunication
companies; and
WHEREAS, the City Council has requested that staff ensure that consumers have
access to competitive, state of the art telecommunication services within the City; and
WHEREAS, as the need for these and related services increases, new locations are
required for the various telecommunication companies to site their facilities and equipment;
and
WHEREAS, the City has an interest in locating such facilities where potential
visual impacts are minimized; and
WHEREAS, over the years, the City and communication companies have negotiated
a standard agreement called a Master License Agreement (MLA) that provides for siting,
installing, and operating small cell and substantially similar facilities in accordance with City
standards and subject to regulatory approvals, while establishing a regular revenue stream to
the City; and
WHEREAS, the proposed MLA is for a ten-year term and contains standard rates,
terms, and conditions applicable to the deployment of small cell facilities to be located on
City street lights and traffic signals, on a competitively neutral and non-discriminatory basis;
and
WHEREAS, pursuant to the MLA, the Licensee will be required to enter into
individual Pole License Agreements (PLA) for use of each individual pole within the City; and
WHEREAS, during the first year of the initial term, the Licensee will compensate the
City for each pole attachment with an annual license fee of $1,500, including an
additional $500 additional carrier fee for co -locations, subject to annual fee increases of
3.5% per year, to be deposited in the City General Fund; and
WHEREAS, in order to fully implement the MLA, numerous actions must be taken
and various documents must be executed; and
WHEREAS, the Development Services Director has reviewed the proposed agreement
and determined that the activity is not subject to CEQA and that each individual wireless
facility will have environmental review once the projects are further defined and a CEQA
determination will be completed prior to installation of any new facilities.
Resolution No. 2017-217
Page No. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista that it approves the form and material terms of the Master License Agreement for
Wireless Facilities on City Poles in the Right -of -Way attached hereto as Exhibit 1; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that
it authorizes the City Manager, or designee, to negotiate with qualified licensees for a period of
five (5) years to enter into Master License Agreements with the City of Chula Vista on
substantially similar or better material terms as approved by this resolution; authorizes the
City Attorney to make such modifications to each Master License Agreement as necessary or
appropriate for legal compliance or risk mitigation; and authorizes the Mayor, or designee, to
execute all Master License Agreements on behalf of the City of Chula Vista; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that
it authorizes the City Manager, or designee, to execute on behalf of the City of Chula Vista all
other documents necessary to implement each Master License Agreement, including but not
limited to Pole License Agreements, on forms prescribed or approved by the City Attorney.
Presented by
Eric C. Crockett
Director of Economic Development
Approved as to form by
en R. ins
C Attorne
Resolution No. 2017-217
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of December 2017 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Oas, Mayor
ATTEST:
k"4'49�
Kerry KMigeloNP, MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2017-217 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 5th day of December 2017.
Executed this 5th day of December 2017.
Kerry K. Qelow, Ak, City Clerk
Resolution No. 2017-217
Page No. 4
Exhibit 1
Master License Agreement Administrative Fee Cost of Service Analysis
Master License Preparation Fee
Director of Economic Development
$
263.86
10.00
$
2,638.60
Deputy City Attorney H
$
176.24
20.00
$
3,524.80
Senior Civil Engineer
$
183.60
4.50
$
826.20
Associate Engineer
$
172.86
6.00
$
1,037.16
Total Estimated Cost of Service
40.50
$
8,026.76
Proposed Fee
$
8,000.00
Pole License Processing Fee
Principal Traffic Engineer $ 171.08
1.00
$
171.08
Associate Engineer $ 172.86
1.50
$
259.29
Development Services Technician III $ 190.14
3.00
$
570.42
Total Estimated Cost of Service
5.50
$
1,000.79
Proposed Fee
$
1,000.00