FROM:
Administrative Services
SUBJECT:
Title
Fourth Amendment to Wireless Communications Site License Agreement with T-Mobile West Tower LLC for the Cell Site Located at Baseline Road and Heritage Circle
End
RECOMMENDATION:
Recommendation
Authorize the City Manager to enter into the Fourth Amendment to the Wireless Communications Site License Agreement with T-Mobile West Tower LLC for the continued operation and modification of the existing wireless communications facility located at Baseline Road and Heritage Circle.
End
COUNCIL GOALS:
• Operate in a businesslike manner by improving services through the effective use of technology.
• Practice sound fiscal management by developing long-term funding and debt management plans.
DISCUSSION:
On September 14, 2000, the City entered into a Wireless Communications Site License Agreement with Pacific Bell Wireless, LLC for the installation and operation of wireless communications equipment on City-owned property located at Baseline Road and Heritage Circle. The agreement was subsequently amended in 2001, 2001, and 2019. T-Mobile West Tower LLC is the current successor-in-interest to the original licensee.
T-Mobile has requested approval to modify and upgrade its existing wireless communications facilities at the site. In connection with the proposed improvements, City staff and T-Mobile negotiated a Fourth Amendment that extends the term of the existing agreement and updates several provisions governing the use of the property.
The current agreement extends through December 21, 2030. The Fourth Amendment provides for four additional five-year renewal terms, potentially extending the agreement through December 21, 2050. Beginning December 22, 2030, monthly rent will increase to $3,000 and will continue to be adjusted in accordance with the escalation provisions contained in the original agreement. T-Mobile will also provide the City a one-time $5,000 signing bonus within 60 days following receipt of the fully executed amendment.
The amendment also provides the City's consent for T-Mobile to complete modifications and upgrades to the existing wireless facility as depicted in Exhibit B-3. T-Mobile remains responsible for obtaining all permits and other governmental approvals required for the improvements, including approval of a traffic control plan, at its sole expense. The City's approval of the amendment is in its capacity as property owner and does not constitute regulatory approval of the proposed improvements.
An important component of the negotiations involved vehicle access and parking associated with maintenance and construction activities at the site. Service and construction vehicles have previously parked along Baseline Road and near the sidewalk while accessing the facility, creating traffic and pedestrian safety concerns. As part of the negotiations associated with the amendment, T-Mobile agreed to construct an improved driveway/access area extending inward from the street and sidewalk, allowing service vehicles to pull completely off Baseline Road while personnel are working at the facility.
In addition, the Fourth Amendment expressly prohibits T-Mobile and its contractors, agents, sublicensees, and other personnel from parking or storing vehicles or equipment on the adjoining sidewalk or parkway except within approved areas. The provision is specifically intended to maintain unobstructed pedestrian access, including for students traveling to and from nearby schools. Violations are subject to escalating payments of $1,000 for the first violation, $2,000 for the second, and $3,000 for subsequent violations.
Staff believes the Fourth Amendment provides for the continued productive use of the existing telecommunications site while improving the operational conditions surrounding the facility. The negotiated access improvements and new parking restrictions address prior traffic and pedestrian safety concerns associated with service vehicles, while the extended term provides the City with continued rental revenue from the property.
CEQA:
The approval of the renewed license agreement (“project”) is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (CEQA Guidelines, § 15303.)
The project would permit a wireless communications facility on approximately 1184 square feet of City-owned property, a small facility in an already developed area, that is comparable in scope and function to those structures identified in the language of CEQA Guidelines Section 15303.
None of the exceptions outlined in CEQA Guidelines Section 15300.2 apply. The project will not impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. There will be no cumulative impact of successive projects of the same type in the same place, over time. There will be no significant environmental impact due to unusual circumstances. The project will not result in damage to scenic resources. The project site is not on any list compiled pursuant to Government Code section 65962.5, and there are no historical resources on or near the project site that would result in a substantial adverse change as a result of the project. Thus, the project falls within the Class 3 exemption.
FISCAL IMPACT:
Approval of the Fourth Amendment will result in a one-time payment of $5,000 to the City following execution of the agreement. Effective December 22, 2030, monthly rent will increase to $3,000, or $36,000 annually, subject to future adjustments in accordance with the existing agreement.
T-Mobile will be responsible for the costs associated with its facility modifications and all required governmental approvals.
MOTION:
Approve Staff Recommendation