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    11.    
City Council Regular
Meeting Date: 08/14/2018  

SUBJECT:
AMENDMENT NO. 2 TO AGREEMENT A98-56 WITH STC ONE LLC SUCCESSOR-IN-INTEREST TO SPRINT PCS ASSETS, L.L.C.
RECOMMENDATION:
Authorize the execution of Amendment No. 2 to Agreement No. A98-56 with STC One LLC, Successor-In-Interest to Sprint PCS, L.L.C. to increase amount of cost reimbursements and modify telecommunications equipment at the existing cell facility located at 3982 Eucalyptus Avenue (Chino Creek).
BACKGROUND/ANALYSIS:
The City entered into Agreement A98-56 with Cox Communications PCS L.P. on July 14, 1998. That agreement has been extended for successive five-year terms pursuant to the terms of the lease and is still in effect today. On December 10, 2013, the Agreement was amended to modify the equipment and add access restrictions and requirements.  The original agreement and Amendment No. 1 are on file in the City Clerk's office.  On January 22, 2018,  STC One LLC, successor-in-interest to Sprint PCS Assets, L.L.C., formerly Cox Communications, submitted plans to modify their existing equipment at 3982 Eucalyptus Avenue.  The Community Development Department approved the plans to replace five of the existing antennas with a different model and add six radios to the existing configuration.  Upon completion, the final configuration will consist of six antennas, four coax lines, and 12 RRHs.  Attachment "D" is an accurate description of the new equipment to be installed.

In addition, to ensure payment of all costs, including attorneys' fees incurred in the preparation and review of the cell tower amendment, the amount referenced in Section 20(g) has been amended to require a deposit of $3,500 prior to the execution of the agreement.
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 CCR § 15378 (b)(4-5)).
FISCAL IMPACT:
The amendment to the agreement will have no fiscal impact on the General Fund except to continue the revenue generated from the lease. Any costs incurred in the preparation and review of the agreement, including attorneys' fees, will be deducted from the deposit collected by the City.
 
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney.
Attachments
Amendment Agreement

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