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    10.    
City Council Regular
Meeting Date: 06/26/2018  

SUBJECT:
AMENDMENT NO. 1 TO AGREEMENT A02-79 WITH T-MOBILE WEST, LLC
RECOMMENDATION:
Authorize the execution of Amendment No. 1 to Agreement A02-79 with T-Mobile West, LLC to amend Attachments "D" and "E" relating to the telecommunications equipment and access restrictions and requirements, and Section 20(g) and (h) relating to cost reimbursements and noticing addresses of the existing cell facility at 15532 Live Oaks Road (Village Oaks Reservoir).
BACKGROUND/ANALYSIS:
The City entered into Agreement A02-79 with Pacific Bell Wireless, LLC on September 24, 2002.  That agreement was extended for successive five-year terms pursuant to the terms of the lease and is still in effect today.  On July 11, 2017, T-Mobile West, LLC (T-Mobile), successor in interest to Pacific Bell Wireless, LLC requested and submitted plans and on April 17, 2018, the Community Development Department approved said plans to remove the existing wireless facility at R-1 Reservoir and replace it with a temporary facility adjacent to the reservoir access road that will operate during the demolition of the R-1 Reservoir and the construction of the R-18 Reservoir.  The proposed temporary facility will consist of three antennas attached to a 35-foot high wood pole; one telecommunications panel and one power panel to be installed on a new ground mounted utility rack; one equipment cabinet; and a vinyl fence to be installed to screen the utility pole, utility rack, and equipment cabinet.   Upon completion of construction for the R-18 Reservoir, T-Mobile will construct a permanent facility and remove the temporary facility as outlined in Attachment "D" to the amendment hereto.

In 2011, the City experienced problems related to contractors working for a cell provider accessing City properties, specifically City reservoirs, without permission.  To alleviate this problem, the City amended Attachment "E" of its contracts with cell providers to further define the procedures that the contractors must follow when access to the City sites is needed.  This amended Attachment "E" is now used on all cell site agreements to include the access restrictions and requirements procedures used when entering City sites.  

To ensure payment of all costs of Licensor, including attorneys' fees incurred in the preparation and review of the cell tower agreements, attachments, amendments and other related approvals or documents necessary in the preparation of the agreement, Section 20 (g) has been amended to require a deposit of $3,500 prior to the execution of the agreement.  In addition, Section 20 (h) has been amended to update the noticing addresses.  
 
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000 et seq., CEQA) and CEQA regulations (14 California Code Regulations §§ 15000 et seq.) because it constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.  Accordingly, this action does not constitute a "project" that requires environmental review (see specifically 14 CC § 15378 (b)(4-5)).
FISCAL IMPACT:
The amendment to the agreement will have no fiscal impact on the General Fund.  Any costs incurred in the preparation and review of the agreement, including attorneys' fees, will be reimbursed by the Licensee from a deposit collected by the City.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney, Finance Director, and the Community Development Director.
Attachments
Amendment No. 1

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