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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2019-002 <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO APPROVE A <br />MASTER LICENSE AGREEMENT FOR SMALL CELL WIRELESS FACILITIES <br />INSTALLATION AND FOR USE OF CITY ASSOCIATED FACILITIES; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; <br />ESTABLISHING THE SMALL CELL ADMINISTRATIVE AND LICENSE FEES; AND <br />AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE MASTER FEE <br />SCHEDULE <br />WHEREAS, The City of San Leandro ("City") owns street light poles, traffic signal <br />poles, and other similar facilities (each, a "City Pole") within the public right-of-way and owns <br />or controls public right-of-way within the City of San Leandro located in Alameda County, State <br />of California; and <br />WHEREAS, the City also owns, operates, and maintains conduits, pull -boxes, power <br />circuits, panels, and other related facilities located in the public right-of-way within the City <br />(individually and collectively, "Associated Facilities") that are suitable for installing equipment <br />associated with <br />WHEREAS, in response to new advances in wireless "5G" technology and <br />corresponding regulatory proposals, the City has an interest in managing the licensing of existing <br />City Poles and Associated Facilities within the public right-of-way for wireless <br />telecommunications facilities; and <br />WHEREAS, the City has also received inquiries from multiple wireless communications <br />service providers interested in deploying new "small cell" facilities by utilizing City Poles and <br />Associated Facilities within the City right-of-way, which would provide enhanced wireless <br />services and prepare for 5G deployment throughout the community; and <br />WHEREAS, wireless providers are proposing to place a single "small cell" antenna and <br />related equipment on existing City Poles located within the public rights-of-way and utilize City <br />Associated Facilities to provide electrical power for such small cell sites; and <br />WHEREAS, under California Public Utilities Code Section 7901, wireless providers <br />have the authority to install and maintain telephone lines in the public right-of-way to provide <br />wireless telecommunications services; and <br />WHEREAS, the City has the authority under California Public Utilities Code Section <br />7901.1 to exercise reasonable control as to the time, place, and manner in which roads, <br />highways, and waterways are accessed; and <br />WHEREAS, the City previously approved and executed a Master License Agreement <br />with ExteNet Systems LLC for small cell pole attachments on City Poles in exchange for <br />compliance with design, installation, access, removal, and other conditions relating to the use of <br />City Poles and for certain license fees and administrative payments; and <br />