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HomeMy WebLinkAboutReso - CC - 091-2021DocuSign Envelope ID: 1C44CDEC-AAB3-4F39-81ED-3A199FF1901A RESOLUTION NO. 091-2021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE FORM OF A MUNICIPAL FACILITY LICENSE AGREEMENT FOR SMALL CELL WIRELESS FACILITIES INSTALLATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND AMEND THE AGREEMENT (CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(B)(3), 15302, 15303, AND 15304) THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows: WHEREAS, the City of Burlingame ("City") owns street light poles, traffic control structures, other lighting fixtures, and other facilities in the public right-of-way and owns or controls public right- of-way within the City limits; and WHEREAS, due to new advances in technology, as well as recent amendments to both state and federal laws, the City is proposing a new Ordinance which would update the City's regulation of wireless facilities; and WHEREAS, the proposed Ordinance establishes a comprehensive set of requirements and standards to regulate wireless facilities, including development, siting, installation, and operation of these facilities; and WHEREAS, wireless providers are proposing to place wireless facilities on existing City infrastructure within the public right-of-way; and WHEREAS, wireless providers have the authority under California law to install and maintain facilities in the public right-of-way to provide wireless telecommunications services; and WHEREAS, the proposed Municipal Facility License Agreement (`MFLA") is a comprehensive document that provides uniform terms and conditions applicable to proposed wireless facilities installed on City -owned infrastructure in the public right-of-way, principally street lights, which will allow the City to exercise its authority and control consistent with state and federal law; and WHEREAS, the proposed MFLA does not grant any rights to use individual items of City infrastructure, but rather establishes procedures, terms and conditions under which a licensee may obtain a license to access and maintain use of an individual facility; and WHEREAS, the City Council wishes to allow the City Manager to execute this agreement on behalf of the City, and to make any minor changes necessary to the MFLA, subject to the approval of the City Attorney; and WHEREAS, the City Council has reviewed the information contained in this Resolution and the accompanying staff report and attachments at a meeting held on July 6, 2021; and, WHEREAS, the City Council now desires to approve the form of the MFLA. DocuSign Envelope ID: 1C44CDEC-AAB3-4F39-81ED-3A199FF1901A RESOLUTION NO. 091-2021 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame as follows: Section 1. The foregoing recitals are true and correct and incorporated into this Resolution by this reference. Section 2. The form of the MFLA for Wireless Facilities, attached hereto as Exhibit A, is approved. Section 3. The City Manager is authorized to execute the MFLA on behalf of the City in substantially the same form as attached hereto, and to make any revisions, amendments, corrections and modifications to the MFLA, subject to the approval of the City Attorney, deemed necessary to carry out the intent of this Resolution and which do not materially alter or increase the City's obligations thereunder. Section 4. The City Manager is authorized to take any other related actions consistent with the intention of this Resolution. Section 5. Pursuant to Title 14 of the California Code of Regulations, the City Council of the City of Burlingame hereby finds the approval of a Municipal Facility License Agreement template is exempt from CEQA because this Resolution is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. Rather, only after an application is filed that CEQA would be implicated. Further, even if the Resolution were interpreted to permit a "project," any applicable wireless facility would likely be exempt from CEQA review in accordance with State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). In addition, the Resolution is not subject to CEQA pursuant to State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility the Resolution may have a significant effect on the environment, in that the Resolution will not necessarily result in the actual installation of any facilities in the City. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. Ann O'Brien Keighran, M or 2 DocuSign Envelope ID: 1C44CDEC-AAB3-4F39-81ED-3A199FF1901A RESOLUTION NO. 091-2021 I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 61h day of July, 2021 by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE "D"ocuSignedby: SD4vv84C3D80E7449... Meaghan Hassel -Shearer, City Clerk 3