June 20, 2023
Community Development
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Shannon Moore, Chief Assistant City Attorney
Subject:
Third Amendment to the Legal Services Agreement with
Telecom Law Firm for Telecommunications Matters
FINANCIAL IMPACT: The cost associated with these services will be funded through wireless and wired siting application fees
collected by the Planning Division and/or revenue
collected from the leasing of City-owned property by
wireless carriers. Approval of the legal services
agreement amendment will not result in an additional
appropriation of General Fund funds. (15061219-400206)
PREVIOUS COUNCIL
ACTION:
The original agreement began on January 1, 2019. The
first amendment was approved by the City Council on
December 22, 2020. The second amendment was
approved on December 7, 2021.
STATEMENT OF THE
ISSUE:
The Telecom Law Firm provides legal and planning
services to the City regarding wireless communications
matters, including leasing of City-owned property to
wireless carriers, assistance with wireless and wired
siting applications, and updating of the wireless
communications facilities ordinance and small wireless
facilities policy. This is an amendment to increase the contract amount from $600,000 to $1,200,000.
AGENDA
REPORT
June 20, 2023
RECOMMENDED ACTION:
APPROVE a third amendment to the legal services
agreement with the Telecom Law Firm for representation
of the City concerning wireless communications matters, including assistance with review of wireless and wired
siting applications, to increase the contract amount by $600,000, for a total not-to-exceed amount of $1,200,000 (with funds for payment generated from fees from the
wireless applications and/or from revenue collected from the leasing of City-owned property by wireless carriers) – Community Development/City Attorney’s Office (Lina
Velasco 510-620-6706/Shannon Moore 510-620-6509).
DISCUSSION:
Telecom Law Firm (TLF) has provided the City with legal representation and technical assistance for telecommunications matters to the City since 2009. The major telecommunications carriers (AT&T, T-Mobile, Verizon, and Dish) are rolling out the next generation of wireless and wired telecommunications facilities projects that require TLF’s technical and legal expertise to review and analyze.
TLF advises the City in connection with wireless and wireline telecommunications infrastructure matters, including:
(1) evaluating proposed deployments for compliance with local, state, and federal law;
(2) drafting, revising, implementing, and enforcing telecommunications and wireless ordinances, policies, design guidelines, procedures, staff reports, and resolutions; and
(3) negotiating, drafting, and enforcing communications infrastructure agreements for deployments in the public rights-of-way and on other government property.
The most recent legal services agreement with Telecom Law was entered into on January 1, 2019, amended in December 2020, and again on December 7, 2021.
Additional funds are needed to continue to assist the City Attorney’s Office, Information Technology, Public Works, and Planning Division with those telecommunications projects. TLF’s fees will be paid with funds generated from fees from wireless and wired siting applications and/or revenue collected from the leasing of City-owned property by wireless carriers.
DOCUMENTS ATTACHED:
Attachment 1 – Telecom Law Firm LSA, Third Amendment (proposed) Attachment 2 – Telecom Law Firm LSA, Second Amendment
Attachment 3 – Telecom Law Firm LSA, First Amendment
Attachment 4 – Telecom Law Firm Legal Services Agreement (LSA)