Loading...
HomeMy WebLinkAboutReso 2010-012RESOLUTION NO. 2010-012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING A TEMPORARY SITE LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC FOR 90 DAYS AND AUTHORIZING THE CITY MANAGER TO EXECUTE DAY TO DAY EXTENSIONS OF NOT MORE THAN 90 DAYS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE TEMPORARY SITE LICENSE AGREEMENTS AS NECESSARY TO MAINTAIN ADEQUATE COMPETITIVE COVERAGE AND QUALITY WIRELESS SERVICE WITHIN THE CITY WHEREAS, the City Council approved Resolution 18601 on March 18, 1997, conceptually approving the marketing of City properties for use by telecommunications companies; and WHEREAS, the City Council subsequently approved Master License Agreements (MLA) with AT&T, T-mobile, Sprint, Cricket for twenty-five (25) to fifty (50) Wireless Telecommunication Facility (WTF) sites, and a Pole Attachment Agreement with NextG for up to one-hundred (100) sites; and WHEREAS, staff reached out to the industry, held workshops and invited them to the City to structure "master" agreements to provide prompt entry at below-market rates; and WHEREAS, eleven years later, the technology has evolved from a unique business tool, used by a few people, primarily in commercial azeas, to a common business, residential, educational and emergency communication tool used throughout the City; and WHEREAS, above all, the wireless industry values rapid deployment and works with the City to accommodate the community's objectives based predominantly on our ability to demonstrate a record of timely zoning and construction approvals that support that goal; and WHEREAS, Verizon Wireless, LLC is an existing network provider operating in Chula Vista and is currently in negotiations to establish an MLA with the City to expand and improve its coverage in Chula Vista, and WHEREAS, Verizon Wireless has lost a site in a high demand area surrounding Veteran's Pazk and approached the City regarding a temporary mobile WTF; and WHEREAS, staff is recommending that the City Council ratify an agreement between the City and Verizon Wireless for a temporary WTF for 90 days with an extension of up to 90 days at the City's discretion; and Resolution No. 2010-012 Page 2 WHEREAS, the 90 day period should be sufficient for Verizon Wireless and the City to complete the MLA on what staff considers to be mutually beneficial terms for the City Council's review and consideration; and WHEREAS, Municipal Code Section 19.89.040 outlines that the regulation of WTF on property owned or controlled by the City shall be accomplished through administrative rules, policies, programs or agreements approved by the City Council, and WHEREAS, staff is further requesting that City Council authorize the City Manager to administratively approve future emergency WTF sites on a temporary basis for not more than 180 days. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby: 1. Ratify a temporary site license agreement with Verizon Wireless, LLC, a copy of which is on file with the City Clerk, and authorizing the City Manager to administratively extend the license for up to and additional 90 days at the City Manager's discretion, and 2. Authorize the City Manager to execute future temporary site license agreements, for periods of 180 days or less, as necessary to maintain adequate and competitive coverage and quality wireless service within the City. Presented by Approved as to form by ~~~~~~ Michael Meacham Director of Conservation and Environmental Services Resolution No. 2010-012 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of January 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, yor ATTEST: dtit,µ-c4... 9~ Do R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-012 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of January 2010. Executed this 12th day of January 2010. ~ ~ ~~ Donna R. Norris, CMC, City Clerk