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10.A. Action 2019 0107
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10.A. Action 2019 0107
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12/21/2018 7:57:16 PM
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12/21/2018 7:57:12 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/7/2019
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Agmt 2019 MLA for Small Cell Pole Attachment
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\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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\City Clerk\City Council\Ordinances\2019
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File Number: 18-667 <br />this action to be exempt from environmental review under CEQA Guidelines Sections 15061(B) <br />(3), 15301,15303, and 15305. <br />The Ordinance would define what a “Small Cell Wireless Facility” is and characterize deploying, <br />installing, or locating Small Cell Wireless Facilities in the public right-of-way as well as using, <br />accessing, or connecting to conduits, circuits, panels, or related infrastructure in connection with <br />the deployment, installation, or location of Small Cell Wireless Facilities to be an Encroachment, <br />and thus subject to the City’s Encroachment Permit requirements. In addition, installation of Small <br />Cell Wireless Facilities would be subject to consent of property owners, and providers would be <br />required to conform to general guidelines and design criteria established in order to maintain the <br />quality of life, public safety, health, well-being, and aesthetic character of the City. <br />In order to develop this regulatory framework, Staff reviewed the City Council’s recently approved <br />MLA with ExteNet Systems, the FCC Order, Master License Agreements executed by other Bay <br />Area cities, and the Model Code published by The National League of Cities (NLC) and National <br />Association of Telecommunications Officers and Advisors (NATOA), incorporating the best <br />practices of each. <br />Current Agency Policies <br />·Advance projects and programs promoting sustainable economic development, including <br />transforming San Leandro into a center for innovation. <br />·Maintain and enhance San Leandro’s infrastructure. <br />Previous Council Actions <br />·At the December 3, 2018 City Council meeting, the Council approved a Master License <br />Agreement with ExteNet Systems. <br />·At the September 17, 2018 City Council meeting, the Council discussed the proposed <br />agreements and voted to send the items back to the City Council Facilities and <br />Transportation Committee for further discussion. <br />Committee Review and Actions <br />·Informational presentation and discussion at the November 14, 2018 City Council <br />Facilities and Transportation Committee meeting. The draft MLA with ExteNet was <br />subsequently modified to incorporate changes designed to address questions and <br />concerns raised by the Committee, including: a five-year term structure rather than ten <br />year; Indemnification for the City against any damages relating to radiofrequency (RF) <br />emissions; methods to prevent monopoly behavior among providers; and stronger <br />protections for City wireless infrastructure. These changes have been included in the <br />proposed Master License Agreement. <br />·Informational presentation at the March 1, 2017 City Council Facilities and Transportation <br />Committee meeting. <br />Page 4 City of San Leandro Printed on 12/21/2018
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