HomeMy WebLinkAboutReso 2020-012 RESOLUTION NO. 2020-012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MASTER LICENSE
AGREEMENT WITH NEW CINGULAR WIRELESS RCS, LLC
(AT&T) FOR SMALL WIRELESS FACILITIES WITHIN THE
CITY’S RIGHT-OF-WAY
WHEREAS, the City Council approved Resolution No. 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, various
telecommunication companies desire new locations 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 with New Cingular Wireless RCS, LLC (AT&T) is for a
ten-year term and contains standard rates, terms, and conditions applicable to the deployment of
small cell facilities to be located within the City’s right-of-way, on a competitively neutral and
nondiscriminatory 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 $270, subject to annual fee increases of 3%
per year, to be deposited in the City’s General Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the Master License Agreement with New Cingular Wireless RCS, LLC (AT&T)
for Small Wireless Facilities Within the City’s Right-of-Way, in the form presented, with such
minor modifications as may be required or approved by the City Attorney, a copy of which shall
be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager, or
designee, to execute same.
DocuSign Envelope ID: D90DAAE7-F410-4B9F-B5C1-07739AE9A637
Resolution No. 2020-012
Page No. 2
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 the Master License Agreement, including but not limited to
Pole License Agreements, on forms prescribed or approved by the City Attorney.
Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Director of Economic Development City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of January 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, 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. 2020-012 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 28th day of January 2020.
Executed this 28th day of January 2020.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: D90DAAE7-F410-4B9F-B5C1-07739AE9A637