Ordinance 2843CITY OF ALAMEDA ORDINANCE NO. 2843
NewSeries
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING SECTION
64 (LEASES OF CITY PROPERTY TO TELECOM1viUCA TIONS COMPANIES)
TOAR TICLEV (ADMINSTRATIVEPROqEDURSANDPOLICIES)
OF CHAPTER II (ADMINSTRATION), THEREOF , AUTHORIZING .
THE CITY MANAGER TO EXECUTE LEASES OF CITYPROPERTY
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WITH TELECOMMUCA TIONSCOMP ANIES FORTHEINSTALLAnON
OF TELECOMMCATIONSEQUIPMENTORFACILITESON.CITYPROPERTY
IN ACCORDANCE \V1TH THE TERMSA TJ CONDITIONS STATED IN
THISORDINANCE .
WHEREAS , Section 3-10 of the City Charer requires thatth6 CiWCOullcil
approve any lease of City propert in excessof one yea by adoption of an ordinance byfour affrnativevotes;and .
WHREAS , telecommunications companies regularly desireto lease small
parcels ofproperiyforthe installation .ofte16conmlUriications equipmeritandfacilities;
and
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WHEREAS, approval of said leases withtelecommunicationscoITparies is in the
public interest in order to improve telecommuncatiorisservices .fortheresidentsand
business owners oftheCity;aId .
. .
WHEREAS, the CityCouncilherebydeterniriesthat it isapproptiateto authorize
the City Manager to execute any leasewith a1elecommUncationscompany approyedby
this ordinance in order to expedite the process of approval andaUow such lease totakc
effect as expeditiously as possible.
BElT ORDAID by the Council of the City of Alamedathatby four
affrmative votes that:
Section 1
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The Alameda MuniCipal Code is hereby amended by adding Section
64 (Leases of City Pro pert to Telecommuni ationsCompanies)t()Ariic1eV .
(Administrative Procedures and Policies) to ChapterII(Admillistiatiori)oftheAlafeda
MunicipalG()dewhich shall read as follows:
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2-64 LEAsES OFCITY PROPERTY TO TELECOMMUNICATION.
COMPANIES
64-. Definitimis
As used in this section:
a. Telecommunications Services shall mean the transmission of voice, video
data or other information between two or more points along wires, optical fibers or other
transmission media, or using radio waves or other wireless media , including but not
limited to cable television services , telephone services , cellular telephone services,
personaL communications services , internet services , open video system services and
other similar services.
b. TelecollllunicationsFacilties shallmeanfacilitieswithin the Cityof
Alameda used or relatedto the provisionofTelecommunicatioI1s Services including, but
no t limited. to , wires ,. optical fiber ,. antenna, cabinets , pedestals.and equipment
64.2 Approval of Leases to Telecommunications Companies.
Real property owned by the City ofA,amedal11ay be leased to a private party for
the purpose of installng and operating telecomrilUnicationsequipment or facilities in
accordance with the following terms and conditions:
a. Term. The term shall be for not lessthanone year and not greater than
twenty (20) years). The tenn may be extended upon mutual agreement of the parties.
b. . Rent. Rent shall be payable to the City of Alameda, TherentaLamount shall
be based upon thefair market rental value of the propert as detemledftom comparable
leases to privateparti sfor the purposes of installing and operating telecommunications
facilities entered into by the Qityof Alamedain the one year period prior to the execution
of the lease. The lease shall provide for rental adjustments duringthetermofthe lease.
c. New Structures.. Thelea,se shallJimitthe constrction of any new ancilar
strctue(s) to less tha11200 squarefeetandthe amount of land leaSed to lessthan400
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d. Description of Propert. The lease shall contain a legal description of
the propert subjecttothe lease.
e. Description of Equipment. The lease shall contain a clear descriptionof
the improvements that willbeconstrcted or placed by the tenantonthe. real propert.
The lease shan provide. that theinstaUation and placellenfofary equipment or facilities
shall notsignificantlyincreasevisualirnpacts.
Use of Property; Description of Services. Thdeaseshall contailla clear
description of the services to be provided by the tcnantfrom theJeased, propert.
g. Non-Exclusive Use. The lease shall not grt exclusiveuseoftheCity
property but rather shall provide that the tenant'sinstallation shall not interfere in any
way with the use of City property not subject to the lease; provided, however thal the
City may grant the tenant access and utility easements as necessalY over City property to
anow proper use ofthe leased premises.
h. Insurance. Tenantto maintain comprehensive general liability lIsurance
with liability limits of no less than one millon dollars ($1 000 000), Workers'
Compensation insurance at the statutory limit and all risk properiy insurance for full
replacement cost. City shall be named as an additional insured , as its interest may
appear , and the policies shall contain cross liability endorsements. i. Indemnifcation. Tenant shall indemnify, defend and hold harmless the
City from any and all damages arising from Tenant's operations on the leased property.
j.
Taxes. Tenant shallpay all possessory interest taxes imposed on the
leased property.
k. Such other terms and conditions as are commonly found in the lease of
real property for telecommunications facilities and services.
64.
A lease approved by Section 2.64 shan be executed only if:
Installation of the Facilities would not significantly increase visual impacts; and
either:
(i)The project is categorically exempt under the California EnVironmental
Quality Act; or
The Planing Board has adopted a negative declaration which determines
that the project and any proposed mitigations wil not result in a
significant impact to the environment.
(ii)
Section 2 . This ordinance constitutes arordinance of the City Council providing
for the lease for a period of longer than one year as described in Section 3-10 of the City
Charer.
Section 3.The City Manager is authorized to execute . any lease that is in
accordance with this ordinance.
Section 4 . If any section, subsection , sentence , clause or phrase of this ():rdinance
, for any reason, held to be invalid or unconstitutional, suchdecision shall not affect the
validity or constituionality of the remaining portions of this ordinance. . The City Council
of the City of Alameda hereby declares that it would have. passed thisordinace, aId each
section , subsection, clause, or phrase hereof, irrespective of the factthatanyone ormorc
sections, subsections , sentences, clauses and phrases are declared to be invalid and
unconstitutional.
Section 5 . ThisOrdinanceshalI be in full forccandc;ffectfrom and after the
expiration of thirty (30) days fTom the date ofits final passage.
Attest:
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, the undersigned, hereby certify tht the foregoing Ordinance was duly and regularly adopted
and passed by the Council of the City of Alameda in regular meeting assembled on the . 1 5th day
of A \1?lISt , 2000 , by the following vote to wit:
AYES:CouncilmembersDaysog, DeWitt, JolmsoIl , . Kerr and
Mayor Appezzto- 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS, wlIEREOF, I have hereunto set my hand aId affixed the official seal of said City
thi s 16th day of ust 2000.
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City of Alameda
Pevised 8/17/00