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File Number: 18-667 <br />The key terms and conditions of the resultant framework, provided in the MLA, are: <br />·Master License Term - The term of the Master License is five (5) years. During this period, <br />licensees can seek individual licenses under the terms offered in the MLA. After the initial <br />five-year term, the Master License will automatically renew for subsequent 1-year terms, <br />subject to each parties’ option not to renew for any reason, with prior written notice to the <br />other party. <br />·Pole and Associated Facilities License Term - The term for each Pole License is <br />coterminous with the initial term or subsequent renewal terms of the Master License. In <br />other words, each Pole License and Associated Facilities License will remain effective as <br />long as the Master License remains in effect. If the Master License is terminated or not <br />renewed, all Pole and Associated Facilities Licenses granted pursuant to the Master <br />License will terminate regardless of their effective dates. <br />·License Fee - Annual License Fee per City-owned pole and per City Associated Facility <br />will be in accordance with the Pole License Fee and the Associated Facilities License <br />Fee as set forth pursuant to the City’s Master Fee Schedule currently in effect, as adopted <br />by the City Council. <br />In addition: <br />·Providers must work in good faith with City staff to ensure coexistence with other City <br />wireless facilities, such as Public Wi-Fi and Climatec equipment; <br />·Providers must agree to radiofrequency indemnification terms; and <br />·The MLA imposes aesthetic requirements, design guidelines, and a public input process <br />for residential neighborhoods and sensitive communities. <br />The San Leandro Municipal Code currently does not specifically address the unique legal and <br />practical issues that arise in connection with wireless telecommunications facilities deployed in <br />the public right-of-way. The lack of regulations that are specific to the siting of wireless <br />telecommunications facilities in the public right-of-way combined with the Order’s regulations to <br />hasten the spread and development of small cell facilities could potentially jeopardize the health <br />and safety of the public by allowing applications for small cell facilities to be submitted, which are <br />subject only to the regulations from the Order. There would not be sufficient time for the City to <br />develop regulations specific to the siting of wireless telecommunications facilities in the public <br />right-of-way before shot-clock timelines mandated the approval of applications. <br />Applications could be approved by law without local authority being properly, appropriately, and <br />within the confines of federal and state laws exercised by the City. This would, in turn, result in <br />wireless telecommunications facilities being constructed and operated without local controls for <br />the life of the facility. This raises far-reaching local concerns in traffic and pedestrian safety, <br />aesthetics, protection and preservation of public property, and the health, safety, and welfare of <br />the general public. <br />As a result, staff further recommends that the City Council introduce and adopt an Urgency <br />Ordinance of the City of San Leandro amending Articles 1, 2, and 3 of Chapter 5-1, <br />“Encroachments”, of Title 5 of the City of San Leandro Municipal Code to include regulations for <br />Small Cell Wireless Facilities and Related Infrastructure in the Public Right-of-Way and finding <br />Page 3 City of San Leandro Printed on 12/21/2018