Reso 23-131 Resolution for bandwidth IG lease (finalized)

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2023-131 RESOLUTION INDEPENDENTLY CONSIDERING THE MITIGATED NEGATIVE DECLARATION (MND) AND AFTER EVALUATING THE ENVIRONMENTAL IMPACTS ASSOCIATED WITH THE AGREEMENT AND PROJECT, (1) CONCLUDING THAT THE MND COMPLIES WITH CEQA AND THE CEQA GUIDELINES, (2) CONCLUDE THAT THE MND IS ADEQUATE TO SUPPORT THE CITY'S APPROVAL OF THE LEASE FOR THE PROJECT, AND (3) IMPOSES THE MITIGATION MEASURES AS A CONDITION OF THE CITY'S APPROVAL OF THE LEASE FOR THE PROJECT AND APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND BANDWIDTH IG, LLC FOR INSTALLATION, MAINTENANCE, AND USE OF FIBER OPTIC CABLE IN SUBMERGED SAN FRANCISCO BAY LANDS AND TERRESTRIAL LANDS WITHIN THE JURISDICTION OF SAN LEANDRO WHEREAS, the City of San Leandro ("City") owns certain real property comprised of a portion of San Francisco Bay submerged lands (APNs: 80G-910-5-2, 80G-910-4-2 and 80G-900-1-7) and some terrestrial land on the shoreline (APN: 80G-910-1-6); and WHEREAS, Bandwidth IG, LLC ("Bandwidth") desires to install and use two 2-inch-diameter fiber optic cables and one 8-inch diameter high -density polyethylene (HDPE) conduit on submerged land in the San Francisco Bay between Brisbane and San Leandro (the "Project"); and WHEREAS, the Project, as currently contemplated, includes both submerged land and terrestrial land owned by the City; and WHEREAS, City desires to lease 7,104 linear feet of this portion of the submerged land and 1,508 linear feet of terrestrial land ("Premises") to Bandwidth for the Project for a twenty-five year term in accordance with the terms and conditions outlined in the lease agreement, attached hereto and incorporated herein as Exhibit A ("Lease"); and WHEREAS, the California State Lands Commission ("CSLC") is the lead agency for the Project and on June 5, 2023, CSLC certified a Mitigated Negative Declaration (NO. 813) ("MND") and approved a Lease for the portion of land within the Project area owned by the CSLC; and WHEREAS, the City is a Responsible Agency for the Project under the California Environmental Quality Act ("CEQA"), which requires the City to consider the environmental consequences of a project subject to its discretionary approval under CEQA Guidelines Section 15096; and WHEREAS, the City has independently reviewed and determined that the MND adequately discloses and evaluates the impacts of the Project, including all impacts of the Project contemplated therein, and imposes adequate mitigation measures to the extent feasible; and WHEREAS, the City, after independently considering the MND and after evaluating the environmental impacts associated with the Agreement and Project, (1) concludes that the MND complies with CEQA and the CEQA Guidelines, (2) concludes that the MND is adequate to support the City's approval of the Lease for the Project, and (3) imposes the mitigation measures as a condition of the City's approval of the Lease for the Project; and