Reso 23-109 Resolution Cingular Wireless

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2023-109 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO APPROVE A MASTER LICENSE AGREEMENT WITH CINGULAR WIRELESS PCS, LLC FOR SMALL CELL POLE ATTACHMENT INSTALLATIONS AND AUTHORIZING THE CITY MANAGER TO ENTER SUBSTANTIVELY SIMILAR AGREEMENTS WITH OTHER PROVIDERS WHEREAS, the City of San Leandro owns street light poles, traffic signal poles, safety poles, and other poles (each, a "City Pole") within the public right-of-way; and WHEREAS, Cingular Wireless PCS, LLC, a wireless service provider requested permission to deploy new small cell facilities on City Poles that will enhance private wireless service throughout the community; and WHEREAS, under existing federal and state law, the City is not precluded from negotiating agreements to regulate private wireless telecommunications facilities in the public right-of-way; and WHEREAS, approving a Master License Agreement for Small Cell Pole Attachment Installations ("MLA") would allow the City to exert its authority over these facilities, including the authority to regulate the aesthetic qualities of the facilities and the appropriateness of the equipment within each neighborhood; and WHEREAS, the proposed MLA with Cingular Wireless PCS, LLC maintains uniform terms and conditions applicable to wireless facilities installed on City -owned poles; and WHEREAS, the proposed MLA would not directly grant any rights to use City Poles, but rather establishes the procedures, terms and conditions under which licensee can obtain Pole Licenses according to the City's Encroachment Permit process; and WHEREAS, the City negotiated the terms of the proposed MLA with Cingular Wireless PCS, LLC; and WHEREAS, the proposed MLA contains administrative and annual license fees, in addition to performance guarantees and penalties for violations; and WHEREAS, the City desires to make the terms of the MLA available to other eligible providers. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: 1. That the MLA with Cingular Wireless PCS, LLC is approved by the City Council; and That the City Manager is authorized to execute the MLA with Cingular Wireless PCS, LLC, or any other eligible providers, in substantially the same form as attached hereto; to make any revisions, amendments, corrections and modifications to the MLA subject to the approval of the City Attorney, as deemed necessary to carry out the intent of this Resolution and which do not materially alter or increase the City's obligations thereunder; and