HomeMy WebLinkAboutReso 2010-056RESOLUTION NO. 2010-056
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MASTER
COMMUNICATIONS SITE LICENSE AGREEMENT WITH
CLEAR WIRELESS LLC, (CLEARWIRE) FOR THE
INSTALLATION AND OPERATION OF AS MANY AS 25
WIRELESS TELECOMMUNICATIONS FACILITIES OR
SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED
AND/OR CONTROLLED PROPERTY, SUBJECT TO ALL
NECESSARY APPROVALS, FOR A PERIOD OF ]0 YEARS
WITH AN OPTION TO RENEW FOR AS MANY AS FOUR
ADDITIONAL FIVE-YEAR TERMS
WHEREAS, Conservation & Environmental Services Department (CES) is submitting a
Master Communications Site License Agreement (MLA) for the City Council's review and
consideration; and
WHEREAS, adoption of the proposed resolution would establish a MLA between the
City and Cleaz Wireless LLC, a Nevada limited liability company (Clearwire) for the installation
of as many as 25 total wireless telephone facilities (WTF) on property owned and/or controlled
by the City; and
WHEREAS, the proposed MLA includes mutually beneficial and agreed upon terms that
are consistent with those provided to other wireless carriers including, but not limited to,
establishing a new MLA for one ten-year term with up to four additional five-yeaz options that
are subject to the City's review and approval; and
WHEREAS, the City retains its preferred technical conditions and will receive an annual
fee adjustment of 3% that maintains the fees at market value and makes them comparable to
other City MLA carriers relative to the size and impact of their facilities; and
WHEREAS, the City Council approved Resolution No. 18601 on Mazch 18, 1997,
conceptually approving the mazketing of City properties for use by telecommunications
companies; and
WHEREAS, in 1998, when the City began negotiations, Council originally directed staff
to negotiate rates that would provide wireless carriers an incentive to come to Chula Vista; and
WHEREAS, staff reached out to the industry, held workshops, and invited them to the
City to structure "master" agreements that would provide prompt entry; and
WHEREAS, additionally, over a relatively short period of time, the technology has
evolved from a unique business tool, used by a few people, primarily in commercial areas, to a
common business and household convenience used almost everywhere; and
Resolution No. 2010-056
Page 2
WHEREAS, the MLA's provide the City with an opportunity to work cooperatively with
the carriers to expedite their projects, provide adequate volume and coverage needed to meet
public demand, provide incentives to pursue sites that have the least impact to residents, and
meet the aesthetic and safety goals of the community while capturing revenue that helps the City
fund public services at no additional cost to the ratepayer; and
WHEREAS, Clearwire is a telecommunications service provider that is seeking to
expand and improve its coverage in the region and establish a Chula Vista network to
compliment their regional network and affiliation with Sprint; and
WHEREAS, Clearwire has completed that negotiation on what staff considers to be
mutually beneficial terms; and
WHEREAS, Clearwire is required to comply with all local, state and federal applicable
laws; and
WHEREAS, with the addition of a Clearwire MLA, the City now has an estimated 80%
of the regional mobile communications business under an MLA agreement that contains terms
that the City believes are important to protecting the public interest.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it hereby approves a Master Communications Site License Agreement with Cleaz Wireless
LLC, (CLEARWIRE) for the installation and operation of as many as 25 wireless
telecommunications facilities or substantially similaz facilities on city-owned and/or controlled
property, subject to all necessary approvals, for a period of 10 yeazs with an option to renew for
as many as four additional five-year terms.
Presented by Approved as in form by
~~~~~~~
Michael T. Mead
Director of Conservation and Environmental
Services
Resolution No. 20010-056
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of March 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
~~~ ~1U
Cheryl Cox, Ma' ~r
ATTEST:
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Donna .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. 2010-056 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 9th day of March 2010.
Executed this 9th day of March 2010.
Donna R. Norris, CMC, City Clerk